Cemetery Rules5 min read·July 11, 2023

Cemetery Monument Rules in Delaware

What Delaware monument dealers need to know about cemetery regulations in the First State, from Dover's perpetual-care facilities to historic church burial grounds.

Delaware is the second smallest state by area but has a diverse cemetery landscape that ranges from historic colonial-era churchyards to modern perpetual-care facilities serving the Wilmington and Dover metro areas. Monument dealers serving Delaware must navigate this range, as rules vary significantly by cemetery type and location.

Delaware cemeteries are regulated under Title 29 of the Delaware Code and administered through the Division of Professional Regulation. The state's cemetery regulatory framework covers the establishment, operation, and financial administration of cemetery companies. Monument size and design specifications, however, are left entirely to individual cemeteries. There is no statewide monument specification that applies universally.

In the Wilmington area — Delaware's largest city and part of the greater Philadelphia metro market — cemeteries tend to follow practices similar to neighboring southeastern Pennsylvania facilities. Many Wilmington-area perpetual-care cemeteries have formal specification sheets and require that all settings be coordinated through their office. Common requirements include minimum 4-inch granite thickness, concrete foundations meeting frost-line depth requirements (approximately 36 inches in New Castle County), and settings performed by the cemetery's approved crew. Setting fees in northern Delaware typically range from $150 to $300.

Central Delaware — including Dover and Kent County — has a mix of older church cemeteries and municipal cemeteries. Church burial grounds, including those associated with Delaware's historically significant Methodist and Quaker communities, often have minimal formal written rules but strong community expectations about monument size and simplicity. Some Quaker burial grounds have historically discouraged or prohibited ornate monuments in favor of simple, uniform markers — a tradition that continues in some active Quaker meeting burial grounds today. Confirm the specific expectations before presenting elaborate design options to a family with a burial in one of these grounds.

Southern Delaware (Sussex County) has a more rural character. Many cemeteries in this region are small church-affiliated or community cemeteries with limited administrative capacity. Monument rules in Sussex County cemeteries tend to be informal, with the local sexton or church trustees as the authority. For dealers unfamiliar with a specific cemetery, a direct phone call to the church office or a visit to the sexton is often the most direct path to accurate specifications.

Delaware also has several military-related burial grounds reflecting the state's history. The Delaware Veterans Memorial Cemetery in Bear (New Castle County) follows National Cemetery Administration standards similar to federal veterans cemeteries. Government-furnished markers are standard; additional private monuments may be permitted in certain sections — confirm current policy directly with the facility.

One practical note for Delaware dealers: Delaware has no state sales tax, which simplifies monument sales transactions. However, if you are based in a neighboring state (Pennsylvania or Maryland), be aware of your own state's nexus and sales tax obligations when delivering monuments into Delaware.

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