Each municipality or each public establishment for inter-municipal cooperation with jurisdiction over cemeteries has at least one cemetery comprising a plot dedicated to the burial of the dead and, in municipalities with 2,000 or more inhabitants or public establishments for inter-municipal cooperation with 2,000 or more inhabitants with jurisdiction over cemeteries, at least one cinerary site intended to receive the ashes of deceased persons whose body has given rise to cremation.
The creation, extension and relocation of a cemetery are decided by the municipal council. However, in urban communes and within the perimeters of built-up areas, the creation, enlargement and relocation of a cemetery less than 35 metres from dwellings are authorised by decree of the State representative in the department, issued after a public enquiry carried out in accordance with Chapter III of Title II of Book I of the Environment Code and the opinion of the competent departmental commission on the environment, health and technological risks.
A Conseil d’Etat decree sets out the conditions for application of this article.