Ark. Code Ann. » Title 20 Chapter 17
Arkansas Code Annotated

Ark. Code Ann. § 20-17-903 (2026)

Application to locate or extend boundaries

✓ current as of May 2026
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  1. Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party so proposing shall make written application to the county judge or to the mayor of an incorporated city or town, according to whether the cemetery or extension of a cemetery is to be located in the jurisdiction of one (1) or the other of these authorities. The written description shall describe accurately the location and boundaries of the proposed cemetery or extension of a cemetery.
  2. Before acting upon the application, the county judge or the mayor, as the case may be, shall refer the application to the Department of Health for investigation from a sanitary standpoint. In making such an investigation the department shall take into consideration the proximity of the proposed cemetery or extension of a cemetery to human habitations, the nature of the soil, the drainage of the ground, the danger of pollution of valuable springs or streams of water, and such other conditions as would bear upon the situation.
  3. Having completed its investigation as promptly as can be done, the department shall submit a report to the judge or the mayor, as the case may be, and either approve or disapprove the application.
  4. Having received the report from the department, the county judge or the mayor, as the case may be, as recommended by the department, shall either grant or deny the application.
  5. Should the application be granted, the county judge or the mayor, as the case may be, shall issue to the party making the application in such form as may be prescribed by the department a permit to establish or extend the cemetery in question.
  6. The permit shall be recorded in the office of the county judge or the mayor and a copy forwarded to the department.

History. Acts 1929, No. 204, § 1; Pope's Dig., § 6446; Acts 1985, No. 1014, § 1; A.S.A. 1947, § 82-401.

Case Notes

Corporate Limits.

Conway, Ark., Ordinance 0-94-54 may be read harmoniously with § 20-17-903; municipalities that had passed a relevant zoning ordinance in accordance with § 14-56-416 could regulate the construction and expansion of cemeteries pursuant to the ordinance, and municipalities that had not done so had only the benefit of this section, §§ 14-54-802, and 14-54-803, such that the city's denial of the landowner's request for a conditional-use-permit precluded the establishment of a cemetery on his property. Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179 (2009).

Discretion of Judge.

Where church sought to establish a cemetery adjacent to the church building, county judge had no discretion to deny the permit after the site was approved by State Health Department. Assembly of God Church v. Ford, 255 Ark. 132, 499 S.W.2d 273 (1973).

Cited: Skinner v. Berry, 266 Ark. 91, 583 S.W.2d 27 (1979).

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179.
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Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. · cites it 101× “2007), do not conflict with the statutory authority of the Arkansas Department of Health, pursuant to Arkansas Code Annotated section 20-17-903 (Repl.2005), to grant or deny permits for cemeteries.”
Ark. Code Ann. § 20-17-903(a): 1 case
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. “2007), do not conflict with the statutory authority of the Arkansas Department of Health, pursuant to Arkansas Code Annotated section 20-17-903 (Repl.2005), to grant or deny permits for cemeteries.”
Ark. Code Ann. § 20-17-903(b): 1 case
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. “2007), do not conflict with the statutory authority of the Arkansas Department of Health, pursuant to Arkansas Code Annotated section 20-17-903 (Repl.2005), to grant or deny permits for cemeteries.”
Ark. Code Ann. § 20-17-903(c): 1 case
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. “2007), do not conflict with the statutory authority of the Arkansas Department of Health, pursuant to Arkansas Code Annotated section 20-17-903 (Repl.2005), to grant or deny permits for cemeteries.”
Ark. Code Ann. § 20-17-903(d): 1 case
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. “2007), do not conflict with the statutory authority of the Arkansas Department of Health, pursuant to Arkansas Code Annotated section 20-17-903 (Repl.2005), to grant or deny permits for cemeteries.”
Ark. Code Ann. § 20-17-903(e): 1 case
Brock v. Townsell, 2009 Ark. 224, 309 S.W.3d 179. “2007), do not conflict with the statutory authority of the Arkansas Department of Health, pursuant to Arkansas Code Annotated section 20-17-903 (Repl.2005), to grant or deny permits for cemeteries.”
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