STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator VIN GOPAL
District 11 (Monmouth)
Co-Sponsored by:
Senators O'Scanlon and Zwicker
SYNOPSIS
Imposes locational restriction on construction of a new crematory.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the construction of a new crematory in certain areas and amending P.L.2011, c.230.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2011, c.230 (C.45:27-40) is amended to read as follows:
5. a. A crematory shall be located only on dedicated cemetery property not exclusively devoted to: (1) the operation of a crematory; or (2) the operation of a crematory and the disposition of cremated remains. This [section] subsection shall not apply to a crematorium operated in conjunction with a funeral home pursuant to paragraph (4) of subsection c. of section 16 of P.L.2003, c.261 (C.45:27-16).
b. On or after January 1, 2025, the board shall not approve an application for construction of a crematory pursuant to section 4 of P.L.2011, c.230 (C.45:27-39), if the nearest boundary of the proposed crematory site is located within 1,000 feet of:
(1) a public school or a private school, as those terms are defined pursuant to N.J.S.18A:1-1;
(2) an area zoned primarily or exclusively for residential use; or
(3) a park, playground, picnic area, square, monument, beach, waterfront, recreation area, conservation area, or similar place or property.
(cf: P.L.2011, c.230, s.5)
2. This act shall take effect immediately and shall be retroactive to January 1, 2025.
This bill prohibits a crematory from being located within 1,000 feet of a school, residential area, or certain recreational areas. Specifically, the bill provides that on or after January 1, 2025, the New Jersey Cemetery Board is not to approve an application for construction of a crematory if the nearest boundary of the proposed crematory site is located within 1,000 feet of: (1) a public school or a private school; (2) an area zoned primarily or exclusively for residential use; or (3) a park, playground, picnic area, square, monument, beach, waterfront, recreation area, conservation area, or similar place or property. The bill is effective immediately upon enactment and is retroactive to January 1, 2025.