When does the distance rule for burial not apply?

The distance rule for burial, which generally establishes minimum distances between burial sites and inhabited dwellings, does not apply when the cemetery was established before the dwelling. This is because the law aims to protect residences from the potential negative impacts associated with proximity to a burial site, ensuring that homes are situated at a respectful distance from areas designated for the deceased. However, if a cemetery is already in existence prior to the establishment of a dwelling, the original burial site is considered to take precedence. This scenario indicates that the residents were aware of the burial ground's presence, thus the distance rule is not applicable in this case.

In contrast, other situations, such as a burial on public land or within an abandoned house, may still fall under certain regulations that govern distance from burial sites to residences. Consent from the family can also influence burial decisions but does not negate the requirements established by law regarding distances in general. Therefore, the exception tied to the original establishment of the cemetery is definitive in freeing it from the distance requirements.