Op/ED Proposed crematory on Memorial Drive near homes would violate state law

By State Rep. Viola Davis, D-Stone Mountain

DEKALB COUNTY, GA—As your state representative for Georgia House District 87, it is my responsibility to address the concerns of constituents, especially when state laws are called into question. Recently, one of my constituents approached me with concerns regarding a proposed crematory development along Memorial Drive, asking whether it would violate Georgia state law.

The specific provision in question is O.C.G.A. § 43-18-72, which clearly states that crematories must be located at least 1,000 feet away from any residential subdivision platted and recorded with the superior court. The constituent who reached out wanted to know if this law was being followed, given that the proposed site is in close proximity to several residential areas. As I reviewed the distances, it became apparent that the potential development is well within the restricted distance outlined by law—just 427 feet from Dallis Court Townhomes, 539 feet from homes on Abingdon Drive, and 636 feet from Hearthstone Trace.

I understand that zoning issues are primarily within the purview of local officials, but when state law is at risk of being violated, it is my obligation to intervene on behalf of my constituents. This is especially true when a constituent takes the time to research the law and raise a legitimate concern. When a constituent raises a legitimate question about the applicability of state law, it is my duty to ensure that the law is understood, verified and, most importantly, followed. This is precisely why I took the time to seek the advice of the Georgia Office of Legislative Counsel to confirm the specifics of the law and understand whether any exemptions apply.

After careful review, Legislative Counsel confirmed that O.C.G.A. § 43-18-72 is indeed clear on this matter: the 1,000-foot distance requirement applies to all crematories established after July 1, 2009. While some exemptions exist, none appear to apply to this proposed development. This knowledge underscores the importance of holding both developers and local authorities accountable when it comes to upholding state law.

What can we do next? While no formal application for the crematory has been filed yet, I encourage all of you to remain engaged. Public input is crucial, especially when development plans could directly impact our neighborhoods. Should the application be filed, I will work with local officials to ensure that the law is upheld and that our community is protected.

In the meantime, I urge you to attend local meetings, stay informed and continue sharing your concerns. Together, we can make sure that any future development in our district is not only lawful but also in line with the best interests of our community.

As your representative, I am here to support you. If you have any questions or concerns about this or any other issue, please reach out to my office. I am committed to working on your behalf and ensuring that state law is followed and respected in all instances. 

Representative Viola Davis represents the citizens of District 87, which includes portions of DeKalb County. She was elected to the House of Representatives in 2018 and currently serves on the Defense & Veterans Affairs, Insurance, Interstate Cooperation, Natural Resources & Environment and Urban Affairs committees.