Legislation Details

File #: 26-2352   
Type: Action Item Status: Agenda Ready
File created: 8/19/2026 In control: Mayor and Council
On agenda: 11/16/2026 Final action:
Title: Authorization to File a Zoning Text Amendment to Amend the Definition of Funeral Home to Include Green Practices such as Natural Organic Reduction
Attachments: 1. Attachment 1_Funeral Home ZTA - Final Draft
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Subject

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Authorization to File a Zoning Text Amendment to Amend the Definition of Funeral Home to Include Green Practices such as Natural Organic Reduction

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Department

CPDS - Zoning Review & Other

 

Recommendation

Staff recommend that the Mayor and Council authorize the filing of the attached draft Zoning Text Amendment, which will initiate the public review process.

Change in Law or Policy  

The adoption of the Funeral Home Zoning Text Amendment will amend Article 6 of the Zoning Ordinance (Chapter 25 of the City Code).

Discussion

In 2024, the State of Maryland adopted the Green Death Care Act, which legalized alkaline hydrolysis (also called “water cremation”) and natural organic reduction (NOR; also called “human composting” or “terramation”). The law, which took effect on October 1, 2024, also specifies a framework for regulation by the state agencies that currently oversee death care facilities and operations; however, it does not address where these facilities can appropriately locate and how they relate to surrounding land uses.

 

The City recently completed a comprehensive rewrite of the City’s Zoning Ordinance, which was adopted on June 29 and became effective on August 1, 2026. The new Zoning Ordinance clarifies the City’s prior policy on the location of alkaline hydrolysis and NOR facilities, as follows:

 

•                     Alkaline hydrolysis was classified as a use permitted in all zones where Funeral Homes were permitted with no associated use standards.

•                     NOR was classified as a Light Industrial use, permitted in Light Industrial zones with no associated use standards and not associated with funeral homes.

 

During the Zoning Ordinance rewrite process, the Mayor and Council expressed interest in expanding the locations within the City where NOR facilities may locate. City staff have conducted research, including conversations with industry experts and local funeral home operators, to guide the development of updated regulations for both alkaline hydrolysis and NOR. Research has revealed that, while these processes are increasingly being permitted by states across the country, best practices for local zoning ordinances are still emerging. 

 

Staff’s proposed ZTA will:

•                     Classify both alkaline hydrolysis and NOR as Funeral Home uses, discontinuing the regulation of NOR as an industrial use.

•                     Continue to allow alkaline hydrolysis in all zones where Funeral Homes are permitted.

•                     Require alkaline hydrolysis and NOR to occur indoors and prohibit outdoor storage.

•                     Allow Funeral Homes with NOR by right in the Mixed-Use Business (MXB) zone, provided the property does not abut or confront residential uses.

•                     Allow Funeral Home uses, including NOR, by right in the Light Industrial (I-L) zone, while continuing to prohibit end-of-life gatherings, including funerals and memorial services.

•                     Allow Funeral Homes with NOR by Special Exception in all other mixed-use zones, except:

o                     The Mixed-Use Transit District (MXTD)-235, which is the City’s most walkable, transit-oriented zone; and

o                     The Mixed-Use Employment (MXE), where Funeral Home uses are prohibited under previously established policy, as they are not major employment generators.

 

The proposal supports a broader range of death care options and greatly expands the locations where NOR may occur, including in the I-L Zone and most MX zones. At the same time, it preserves the industrial nature of the City’s limited industrial land and ensures that NOR facilities proposed in most mixed-use zones are evaluated on a case-by-case basis, with consideration of their operating characteristics and potential impacts on the surrounding community. 

Mayor and Council History

The Mayor and Council discussed alkaline hydrolysis and natural organic reduction through the ZOR process, which concluded on June 29, 2026, with adoption of the new Zoning Ordinance.

Public Notification and Engagement

City staff have engaged with:

•                     Funeral home operators and death care providers, including two of the three funeral homes operating within the City;

•                     State regulatory agencies;

•                     Advocates and prospective funeral home operators; and

•                     Industry experts.

Boards and Commissions Review

Should the Mayor and Council authorize the filing of the ZTA, Planning Commission review will occur on December 9, 2026. The Planning Commission will make a recommendation on the ZTA for Mayor and Council consideration.

Next Steps 

The ZTA will be presented to the Planning Commission for their review and recommendation on December 9. Following the Planning Commission’s recommendation, the ZTA will return to the Mayor and Council for a public hearing on January 4, 2027. Based on the current timeline, the ZTA could be adopted on January 25, 2026.