The rules for newly-built cemeteries in Stafford County changed this week, just as the county finds itself embroiled in a federal lawsuit claiming it denied Muslims a chance to build their own.
A new ordinance passed by Supervisors on Tuesday night now requires cemeteries to be built 656 feet from wells, or other sources of groundwater used to supply water to nearby homes. Under the old county rules, cemeteries had to be set back 900 feet from water sources.
It had been the strictest requirement in the state, while Virginia state regulations require only a 100-foot setback.
The change in regulations comes in the midst of a lawsuit against the county filed by the U.S. Department of Justice on behalf of the All Muslim American Association. The association in June 2015 purchased 29 acres of land off of Garrisonville Road, across from the home of elected Rock Hill District Supervisor Crystal Vanuch, who was a member of the county’s Planning Commission at the time of the purchase. for use as a cemetery.
However, the association was stymied by the county, and a cemetery has yet to be built. In 2016, the county reset its setback regulations to 900 feet which became the largest setback regulation in the state. This put the Muslim association’s planned cemetery out of compliance with the new rules after they had been within the parameters of the old rules.
As a result, the DOJ filed a lawsuit against Stafford County claiming a violation of the Religious Land Use and Institutionalized Person Act which is ongoing.
During the public hearing, letters from both the DOJ and the Muslim association were read, and both stated that this change in regulations wouldn’t alleviate the issues which brought about the lawsuit. The AMAA’s letter went further, stating that nothing less than full restoration of the previous rules they had been in compliance with would be satisfactory.
Vaunch supported the study and the new regulations claiming that it addressed water contamination issues, rural community concerns, and coronavirus fears. George Washington District Supervisor Tom Coen expressed similar concerns as well as potentially stricter rules coming from the Chesapeake Bay Act that could negatively affect rural farmers and landowners.
Hartwood District Supervisor Gary Snellings and Garrisonville District Supervisor Mark Dudenhefer both expressed that they would vote against these changes. Dudenhefer in particular expressed his disapproval of the new regulations.
“The citizens of Stafford County are going to be the ones to suffer when the DOJ takes us to the cleaners,” stated Supervisor Dudenhefer during the public hearing. Aside from Dudenhefer’s comments, elected leaders have been tight-lipped about the pending litigation.
The Board of Supervisors passed a version of the regulations by a five to two vote. The Muslim association also operates an existing cemetery at 1112 Brooke Road in Stafford County.
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