Minnesota’s Current Crematory Legislation
Is open-air cremation legal in Minnesota?
When we first started this initiative, this was the top question on our minds. Unfortunately, there’s not a clear answer. As far as we know, no one has tried it in this state before. Thankfully, Minnesota’s legislation is easy to navigate.
Warning: lots of legal stuff coming up.
Let’s start with what we know.
Chapter 149A is the “Mortuary Science and Disposition of Dead Bodies” section of the Minnesota legislation. It introduces three crucial definitions:
Subd. 12. Crematory.
"Crematory" means a building or structure containing one or more cremation chambers or retorts for the cremation of dead human bodies.
Subd. 10. Cremation chamber.
"Cremation chamber" means the enclosed space within which the cremation of a dead human body is performed.
Subd. 11. Cremation container.
"Cremation container" means a combustible, closed container that encases the body and can be made of materials like fiberboard or corrugated cardboard and into which a dead human body is placed prior to insertion into a cremation chamber for cremation. Cremation containers may be combustible "alternative containers" or combustible "caskets."
The “Crematories and Cremation” statute acknowledges this:
Subd. 9. Cremation chamber for human remains.
A licensed crematory shall knowingly cremate only dead human bodies or human remains in a cremation chamber, along with the cremation container and the sheet or pouch used for disease control.
This is also reinforced in the “License to Operate a Crematory” statute:
Subd. 2. Requirements for crematory.
(a) A crematory licensed under this section must consist of:
(1) a building or structure that complies with applicable local and state building codes, zoning laws and ordinances, and environmental standards, containing one or more cremation chambers or retorts for the cremation of dead human bodies;
(2) a motorized mechanical device for grinding, crushing, or pulverizing the cremated remains to a granulated appearance appropriate for final disposition; and
(3) an appropriate holding facility for dead human bodies awaiting cremation.
tl;dr - Minnesota requires an enclosed chamber and container to cremate a body.
Cremation processes in Minnesota can evolve.
The goal of Northern Pyre is to operate a nonprofit open-air crematory. This seems lofty given that our current legislation is very clear on requiring an enclosed chamber, but Chapter 149A has already been modified - and recently.
Alkaline hydrolysis was first developed for cadavers in Minnesota by the Mayo Clinic and formally adopted in 2003 as an alternative to flame cremation; it uses water, low heat, and alkalis to dissolve a body. Since the process requires a completely unique set of equipment and procedures, Chapter 149A was expanded to include more information around its governance.
Minnesota’s open-mindedness to allow alkaline hydrolysis (becoming the first state to do so) has given Northern Pyre hope that our communities are interested in exploring alternative methods of cremation.
Here’s what we’re proposing.
Northern Pyre is asking the State of Minnesota for a conditional use permit that addresses the safety, environmental, and zoning considerations of open-air cremation.
There has been some internal discussion about whether or not we should “sidestep” the legislation, as the language could be interpreted creatively. An “enclosed space” isn’t the same as a “sealed space” and an enclosure can also refer to an area with four sides and an open top. However, the law tends to fall back on the old “what would a reasonable person do?” argument and the answer usually isn’t a progressive one. When it comes to cremation legislation, we would rather ask permission than forgiveness.
