Rules & Regulations

Oakwood Cemetery Association

1975 Baird Road ∙ Penfield, New York 14526
Phone: 585.381.4725 ∙ Fax: 585.586.397
www.oakwoodcemeteryandmausoleum.com

RULES AND REGULATIONS FOR THE OAKWOOD CEMETARY ASSOCIATION
(Oakwood Cemetery) ACCEPTABLE TO THE NYS DIVISION OF CEMETARIES AS BEING IN CONFORMANCE WITH THE REQUIREMENTS OF LAW

1. All lots in Oakwood Cemetery are sold in accordance with the provisions of the laws of the State of NY and shall not be used for any other purpose than as a burial place for dead human beings.
2. No interment of a body shall be allowed without a burial permit.
3. Lot owners are prohibited from allowing interments to be made in their lots for compensation.
4. Interments in a lot are restricted to those entitled to burial therein according to the terms of Section 1512 of the Not for Profit Corp. Law. Permission for burial of those not entitled to burial according to the said sections must be filed with the Oakwood Cemetery Association by the lot owner(s).
5. Except as provided for in Section 1513 C of the N.F.P.C.L., no lot owner may transfer his or her lot unless approved by the Board of Directors.
6. The full purchase price must be paid before a deed will be given or burial in the lot.
7. Oakwood Cemetery reserves the right to remove all flowers, wreaths, or other decorations from lots after a burial as soon as they become unsightly. If a temporary marker is placed on the lot at the time of burial, the Cemetery reserves the right for the temporary marker to be removed due to safety concerns. The temporary marker will be removed 90 days after the burial date and not to be replaced, allowing time for a permanent monument to be secured.
8. Oakwood Cemetery reserves the right to remove after due notice to the owner, any effigy or inscription which, in the opinion of the majority of Trustees, is unsightly or dangerous.
   
   Oakwood Cemetery will attempt to keep removed items in a location behind the office building for up to 60 days, but is not responsible for such items. Any item(s) left at the gravesite is at your own discretion. Oakwood Cemetery is not responsible for lost, damaged, or stolen items. The Cemetery team will begin removal and disposal of all decorations left over from the winter (Christmas or holiday wreaths, flowers, etc) on March 15th.
9. Oakwood Cemetery reserves the right to restrict the planting of shrubs and trees and to remove any shrub or tree deemed dangerous to the public upon due notice to the lot owner, and all plantings to be under the supervision of the superintendent. Plantings are restricted to 18” in front of monuments. Rectangular and round planters with real plants may be used in this zone, but must be removed by March 15 for spring clean-up.
   
   Please refrain from planting on a newly dug grave until final grading, topsoil, and seeding have been completed. Newly dug graves settle and will be filled several times as needed before final seeding is completed.
   • (a) Starting with the 2000 section and including any graves sold after 1985, there will be no plantings allowed, with the exception of flowers, which may be planted in accordance with the previous rule of 18” from the monument.
   • (b) The use of any form of border (stone, wood, metal, plastic, or rubber), artificial flowers of any kind, and wood or marble chips are prohibited.
10. Funerals must be at the grave site by three thirty p.m. in order that staff will have sufficient time to properly close the grave and remove the equipment before five p.m. An overtime fee will be added to the cost of burial if after 3:30 (see fee schedule).
11. All funerals, processions, and vehicles will be under the control of the Superintendent while in the cemetery.
12. We no longer allow private mausoleums or columbarium.
13. Only one monument shall be allowed on a grave (plot) at the head of the grave, and it shall be set in accordance with the general plan of the Cemetery and shall conform with said plan in size and material. Second and 3rd burials are permitted to install flush markers at the foot of full-size graves. No flat markers may be installed at the foot of cremation graves.
14. All foundation orders from Monument Companies must include the length, width, and height of the monument. All foundation orders must include the style of the monument. Ex: Slant, Upright, Bench, Grass Marker, etc.
    
    The maximum dimensions of a monument on a single grave are 30 inches wide and 16 inches deep from front to back. The maximum dimensions of a monument centered on two graves are 60 inches wide and 16 inches deep from front to back. Compacted gravel foundations will be installed for flush grass markers.
    
    Memorial benches as headstones may only be made of granite.
    
    If the height or style of the monument is questionable in regard to safety, the cemetery Board of Trustees reserves the right to deny the placement of the monument in the cemetery.
    
    Monuments must be at least 4 inches thick from top to bottom to be placed above ground.
    
    The monument company must pay for the cost of the foundation within 30 days of receiving the bill, and/or prior to the placement of the monument in the cemetery. The Supt. reserves the right to require pre-payment for foundations if these terms are not met. No Monument shall be installed until approved by Supt.
    
    No monument will be allowed to be delivered to the Cemetery until the foundation is installed and ready to receive the monument. The Monument company must notify Oakwood Cemetery of the delivery and installation of monuments prior to or at the time of installation.
15. Heavy trucking or other vehicular traffic shall be refused entrance to the Cemetery when, in the opinion of the Superintendent, injury to the roads and driveways might result.
16. All persons shall be allowed access to the Cemetery during daylight hours, observing the rules which are in effect and propriety due the cemetery.
17. All monuments or markers must be constructed of granite or bronze. The 1614-1667, 1588, and 1689 sections of the Cemetery are for flush markers only. Other sections may be deemed flush marker only as approved by the Board of Trustees.
18. Disinterment will be scheduled at the discretion of the Superintendent.
19. Graves will not be opened during severe weather or similar circumstances, in accordance with Section 1510-b of the NYS NFPL.
20. All lot owners are required to notify the cemetery of any change in address. Any notices from The Oakwood Cemetery Association will be sent to the last recorded address on file.
21. Sunday and holiday burials are governed by NYS Cemetery Board of Directors 201.8 and 201.12.
22. Concrete vaults or concrete grave liners are required for interments in all graves purchased on or after January 1, 1985, according to the provisions of NYS Cemetery Board directive 201.6. Wooden outer cases are prohibited, but the use of fiberglass or metal vaults may be allowed with special permission.
23. Crypt spaces in the mausoleum will permit the burial of 1 casket and 1 cremation container of soft-sided material to fit in the crypt; or two urns. An additional fee for the 2nd burial will apply for mausoleum space purchased after 4/15/2013.
24. Oakwood Cemetery requires embalming for burials in the mausoleum.
25. Right of second and third burials. A standard inground grave is permitted to accommodate 1 full-size casket and up to 2 cremated remains (in containers or urns, size to be approved by Superintendent), or 3 cremated remains. Cremation graves are smaller and can accommodate 1 or 2 cremated remains.
    
    An additional fee applies to 2nd burials for any burial spaces (mausoleum or in-ground) purchased after 4/15/13; and 3rd burials for plots purchased after 2/15/19. A second burial fee does not apply to the Double Niches in the mausoleum.
26. Additional lettering for second burials in crypts will be charged per letter per the approved price list. Changes to lettering on mausoleum spaces will incur a change fee per the price schedule.
27. Depending on size and location, infant graves may be permitted rights of second and 3rd burials of parents.
28. Lot Buy Back. NYS Law outlines rules related to the buying back of plots (graves) by a Cemetery. The lot owner must make a request in writing of the Oakwood Cemetery Association Board to consider buying back the lot(s). Buying back a lot is at the discretion of the Board, and if an offer is made it will be for at least the original price paid for the Plot.
29. Domestic pet ashes are allowed to be buried along with the lot owner's burial and only at the time of the deceased person’s burial.
30. These Rules and Regulations may be amended by the Trustees of The Oakwood Cemetery Association, but no such amendments shall be effective until approved by the New York State Cemetery Board.

Above Rules and Regulations filed with N.Y. Div. of Cemeteries Feb. 9, 1961, approved.
Feb. 21, 1961. Revised Sept. 1969, approved Oct. 21, 1969. Amended Feb. 10, 1976, by State.
Cemetery Board approval, Section 1401. Revised Jan. 1984, approved Feb. 23, 1984. Revised Jan. 7, 1987, approved May 5, 1987. Revised Sept. 14, 1992, approved Oct. 15, 1992. Revised Dec. 2017, approved in Dec. 2017. Revised April 30, 201,8 approved May 4, 2018. Revised March 5, 2022, Approved July 8, 2022. Revised March 26, 2024, approved April 3, 2024: Revised October 13, 2025, and approved October 29, 2025.

Highlights of Planting Rules

ONLY live planted, potted, or cut flowers in non-glass vases and planters, within 18” in front of the headstone.

No rosebushes, shrubbery, or evergreens.

One decorative flag per grave is allowed, not to exceed 12” x 18”. The pole must abut the headstone and not be an obstruction to grounds equipment.

No ornaments, artificial flowers, effigies, or figurines of any kind. They pose a hazard to personnel and guests as they will fall into paths for lawn mowers and grounds equipment. The Cemetery has the right to remove these times from the plot and will place them by the office in or near a plastic bin for 30 days before disposal.

All Christmas and Winter decorations will be removed starting March 15.

See the Superintendent for questions and complete rules.