A. OWNERSHIP: Ownership is defined as rights to burial in a deeded plot. A cemetery lot/plot owner’s rights are contractual and subject to the ordinary rules of this contract. One who is granted or deeded a lot in the Heritage Memorial Gardens does not acquire ownership of the soil. He/she acquires only a right of burial therein which has been designated as an easement or as a license or privilege. When a lot is deeded, the rights of the Grantee are expressed or deemed to be subject to the rules and regulations or bylaws/policies of Heritage Memorial Gardens.

B. PROPERTY MANAGEMENT/PROPERTY OWNERSHIP: Heritage Memorial Gardens is the church cemetery of New Birth Community and is governed by New Birth Community Church Board of Trustees.

C. CEMETERY PLOT: The term “plot”, is an area of sufficient size to accommodate one adult interment; five feet by ten feet.

D. CEMETERY LOT: The term “lot” shall apply to numbered divisions as shown on the record plat which consists of two plots.

E. INTERMENT: The term “interment” shall mean the permanent disposition of the remains of a deceased person by cremation and inurnment, entombment, or burial.

F. LOT MARKER: The term “lot marker” refers to any means used by the cemetery to locate corners of the lot or plot.

G. MARKER/HEADSTONE: A marker/headstone is a granite stone or flat bronze plaque either flush or above ground that is inscribed with the name, date of birth, and date of death of the person that is buried in said plot. (minimum size is 8” x 16”)

H. MONUMENT: A monument is a stone extending above ground, usually inscribed with the family name only.

I. MAUSOLEUM: A mausoleum is an external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons.

J. MANAGEMENT: The term “management” shall mean the person or persons duly appointed by New Birth Community Church for the purpose of conducting and administering Heritage Memorial Gardens.

K. MEMBER: Member shall mean an individual that is a member of New Birth Community Church.

L. IMMEDIATE FAMILY: The immediate family is described as follows: spouse, parent, grandparent, children, stepchildren, and grandchildren of the original lot owner(s). The term is also to include “great” to the above where applicable.

1. A member or non-member of New Birth Community Church may be issued the right to use a lot of two and not more than twelve plots in the cemetery.

2. The cost of the use of a plot issued to members of Heritage Memorial Gardens for the purpose of full body burials shall be $500.00

3. The cost of the use of a plot issued to non-members of Heritage Memorial Gardens for the purpose of full body burials shall be $500.00.

4. The cost of the use of a lot issued to members or non-members of New Birth Community Church for the purpose of interment of inurned cremated remains shall be $600 and placement in the Columbaria Niche is $500 and governed by Section II – Policy No. 20.

5. In the event there is a need to purchase the right of burial of (1) grave space only, whether it be for full body burial or interment of cremated remains, these single grave space burial rights will be granted from an area within the cemetery that is designated as single grave plots.

6. The cost of these single plot burial sites, whether for full body burial or for interment of cremated remains, shall be one half the cost of a lot as described in Section II, #3 or #4.

7. In the event a family decides to inter the cremated remains of a loved one in any plot not already designated as, or planned for such interment, the cost for the burial right shall be one third the cost of a plot as described in Section II, #5 rounded to the nearest $50.00 increment.

8. Issuance of burial rights shall be made by the cemetery chairman or designated staff.

9. Interment shall not take place until the cost of use of the plot has been paid in full.

10. At no time may grave spaces (lots) be sold by the person to whom the lot has been issued. Rather the lots remaining shall be returned to Heritage Memorial Gardens for a reimbursement of 50% of the current cost of a cemetery lot. However, grave spaces can be transferred or donated to another family member.

11. It is your right as the burial right owner to place coping around your lot(s). It is however required that you contact the cemetery chairman before having this done. (give ample notice) The cemetery chairman will mark the corners of your lot(s)/plot(s). In the case that the new coping joins a lot that already has coping around it, the space between the two shall be no more than six inches (6”) and must be cemented at the expense of party placing the new coping.

12. It is required that every plot have a minimum of a marker/headstone (see definition “F”) that is inscribed with the name, date of birth and date of death of the person that is buried in said plot.

13. No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the Cemetery maintenance equipment.

14. No improper effigies or markers or monuments bearing offensive inscriptions shall be permitted to be placed in or upon any part of the Cemetery. And if any such monument, effigy, or any structure whatsoever, or any inscription be placed in or upon any plot, the cemetery committee shall have the right, and it shall be their duty, to enter upon such plot and remove the offensive or improper object. If the removal of such objects incurs any costs, the burial right owner shall be liable for any and all costs.

15. Mausoleums are permitted. They shall be no taller than enough to entomb (1) body so as no more than (1) body is entombed per plot. The mausoleum shall be no closer than six inches (6”) to the edge of the plot on which it sits.

16. No interments of a body other than that of a human being will be permitted.

17. Cremated remains must be inurned and interred and may not be distributed into the atmosphere.

18. Each plot is limited to a maximum of three (3) cremated remains each, and only if planned for in advance.

19. All non-cremain interments shall be enclosed in a sealed cemetery vault.

20. New gravesites shall be cleaned of dead flowers, wreaths, etc. within fourteen (14) days of the burial. Debris should be hauled away or placed in the cemetery trash cans.

21. RESPECT: It is of utmost importance that there should be strict observance of standards of honorable conduct in the cemetery. Therefore, all persons within the cemetery should avoid conduct unbecoming a sacred place, such as:

i. Loud or boisterous or profane talking
ii. Idling or loafing on the grounds
iii. Peddling or soliciting the sale of any commodity within the cemetery
iv. Consuming of or possessing alcoholic beverages or other drugs on the grounds
v. Placing of signs or notices or advertisements of any kind within the cemetery
vi. Bringing firearms into the cemetery; except by military escort, accompanying a veteran’s funeral, or attending memorial services.


1. Landscaping and maintenance of the Cemetery shall be under the direction of the New Birth Community Church Cemetery committee.

2. Maintenance contracts and schedules shall be set forth by Heritage Memorial Gardens committee and the New Birth Community Church Trustee Board.

3. New Birth Community Church assumes the responsibility for the maintenance of the Heritage Memorial Gardens grounds. It is however expected of family members to maintain inside the lot in which their loved one is buried.

4. Heritage Memorial Gardens (New Birth Community Church) assumes no responsibility for damages to gravesites, copings, monuments, markers, etc. that may occur while preparing for a burial in another plot or while work is being done to another plot/lot or from any act of God that may occur.

5. It shall be the responsibility and liability of the funeral home, grave digger, monument company, or any other such company or person who is working in the Heritage Memorial Gardens, to repair, replace or make good any damages to any other lot/plot that may occur as a result of a mistake or oversight on said person’s part.

6. Bottles, toys, figurines, wired flowers, and other objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the Cemetery staff without notice.

7. Flowers are welcomed at any time of the year in the cemetery. It is however the responsibility of the family member or whomever placed the flowers to remove them before they become unpleasant or offensive to view. (an eyesore)

8. Glass containers or glass vases are not acceptable as flower holders.

9. There shall be no planting of shrubbery, trees, flowers, etc. in the ground of the cemetery except that of a live plant in a pot that is placed on a gravesite.

10. Cemetery visiting hours shall be from daylight until dark.


Removals of bodies from graves in Heritage Memorial Gardens whether for the purpose of relocation or for any other reason shall be arranged by a licensed funeral home director and shall be done in accordance with the requirements or the statutes of the State of Alabama and the rules of the State Board of Health. Fees for such services, as well as any damages that might occur to adjacent lots, will be the sole responsibility of the lot owner or lot owner’s heirs.


The Bible, common sense, common decency, and respect for our loved ones and our fellow man, lead us to conclude that it is a “sacred duty” to respect and maintain the burial place of those that have gone on before us. “If only you would hide me in the grave…and then remember me.” Job 14:13 As a priority to New Birth Community Church, it is our wish to provide a well-kept, reverent resting place for your loved ones and for ours. The maintenance and upkeep of the cemetery are funded entirely by donations and love gifts. We invite every family with ties to Heritage Memorial Gardens (New Birth Community Church) to help with its upkeep, and we offer you an opportunity to give your love gift or donation. You may even choose to do so on an annual or monthly basis. Please mail your gift to:

1329 Forest Ridge Road West
Mobile, AL 36618


1. Free will donations by concerned members and friends. These donations do not give a person burial rights.

2. Additional support from the church budget, upon church approval, if amounts in 1. are not adequate.

3. This money shall be kept in a special Cemetery Fund and a monthly report of receipts and expenditures shall be made.

4. All gifts and receipts received in the Cemetery Fund shall be used for maintenance of the cemetery.

NOTE! Any changes or new adoptions to these cemetery rules and regulations can be found on the church website and cemetery website and they will always be considered as the official document.