§50-42.

§50-42.
   
   It shall be unlawful for any person, firm, corporation or association
   to lay out, establish, or use for burial purposes any cemetery,
   graveyard or burial grounds less than three-fourths (3/4) of one (1)
   mile from the incorporated line of any city of more than five thousand
   (5,000) inhabitants within this state, or within four (4) miles from
   the incorporated line of any city of this state, having a population
   of more than sixty-five thousand (65,000) inhabitants, and then within
   three-fourths (3/4) of one (1) mile from any tract of land plotted
   into lots or blocks, or otherwise subdivided for residence purposes,
   wherein lots, tracts, or blocks have been sold in good faith for
   residence purposes prior to the time of the location, opening, or use
   for such burial ground, graveyard or cemetery. Provided, that where
   cemeteries, graveyards or burial grounds have heretofore been used and
   maintained within less than three-fourths (3/4) of one (1) mile from
   the incorporated line of any city of more than five thousand (5,000)
   inhabitants within this state, or not less than four (4) miles from
   the incorporated line of any city of this state, having a population
   of more than sixty-five thousand (65,000) inhabitants, and not less
   than three-fourths (3/4) of one (1) mile from any tract of land
   plotted into lots or blocks, or otherwise subdivided for residence
   purposes, wherein lots, tracts or blocks have been sold in good faith
   for residence purposes, and additional lands are required for cemetery
   purposes, any person owning lands adjacent, may lay out and use, or
   sell the same to such cemetery to be used as an addition to such
   cemetery, and the use of such additional lands for such purposes shall
   not be prohibited hereby. Provided, however, that the provisions of
   this act shall not apply to the laying out, establishing, or using for
   burial purposes any cemetery, graveyard or burial ground in cities
   containing a population over three hundred thousand (300,000),
   according to the preceding Federal Decennial Census, whenever
   authority for such construction and operation has been obtained from a
   governmental planning commission having jurisdiction over zoning and
   building regulations covering the area wherein such cemetery, or
   burial ground is proposed to be located.