Can You Be Buried on Your Own Property?

The idea of being laid to rest on your own land—perhaps under a favorite tree, overlooking a cherished view, or in a family cemetery that’s been there for generations—appeals to many people. But can you be buried on your own property? The question touches on legal regulations, practical considerations, and personal values that make home burial more complex than it might initially seem.

Home burial, also called backyard burial or family cemetery establishment, is legal in many parts of the United States, but the specifics vary dramatically by state, county, and even municipality. Understanding the legal framework, practical requirements, and long-term implications is essential before planning burial on private property.

The Short Answer: Can you be buried on your own property? Yes, in most rural areas across the United States, though regulations vary significantly by state and locality. Urban and suburban areas typically prohibit home burial due to zoning restrictions, health codes, and property density concerns.

State-by-State Legal Overview

No federal law prohibits burial on private property, so regulations fall entirely to state and local governments. This creates a patchwork of rules that ranges from permissive to highly restrictive:

States Where Home Burial Is Generally Permitted

Most states allow burial on private property with varying degrees of regulation. These states typically permit home burial in rural or agricultural areas while restricting or prohibiting it in urban zones:

Highly Permissive States: Alabama, Arkansas, Arizona, Kentucky, Montana, Nevada, Oklahoma, Tennessee, Texas, West Virginia, and Wyoming generally allow home burial with minimal restrictions beyond basic setback requirements and notification to local health departments.

Moderately Permissive States: Georgia, Idaho, Kansas, Louisiana, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Utah, and Virginia permit home burial but with more specific regulations about property size, zoning, and distance from water sources.

States With Significant Restrictions

Some states impose substantial requirements that make home burial difficult though not impossible:

California allows home burial but requires permits from county health departments, often with stringent property requirements. Some counties effectively prohibit it through zoning.

Washington permits home burial on properties meeting specific size and zoning criteria, typically requiring at least five acres and compliance with detailed health department regulations.

Indiana allows home burial but requires registration of the burial site as a cemetery, which triggers ongoing legal obligations.

States Where Home Burial Is Prohibited or Extremely Difficult

A few states effectively prohibit or severely restrict home burial:

Connecticut, Delaware, Hawaii, Illinois, Iowa, New York, and Rhode Island either outright prohibit home burial or have regulations so restrictive that it’s virtually impossible for most property owners.

These states typically require burial in established, licensed cemeteries and don’t permit new private cemeteries except under very specific circumstances.

The Key Point: State law is just the starting point. County and municipal regulations often impose additional restrictions beyond state requirements. How deep are graves on private property typically must meet the same depth requirements as cemetery burials—usually 3-6 feet.

Local Zoning and Health Department Regulations

Even in states that permit home burial, local regulations frequently determine whether it’s actually feasible:

Rural vs. Urban Zoning

Zoning classifications dramatically affect home burial legality:

Agricultural and Rural Residential Zones: These typically permit home burial as an allowable use, recognizing that rural properties have historically included family cemeteries.

Suburban Residential Zones: Most suburban zoning ordinances prohibit burial on residential properties, classifying cemeteries as non-conforming uses in residential areas.

Urban Areas: Cities almost universally prohibit home burial due to population density, property size limitations, and public health concerns.

Minimum Property Size Requirements

Many jurisdictions that permit home burial require minimum property sizes:

• One to Two Acres: Some counties require at least one acre, others mandate two acres for home burial rights.
• Five to Ten Acres: More restrictive jurisdictions require larger properties, sometimes 5-10 acres or more.
• No Minimum: A few permissive rural counties have no minimum size requirement beyond meeting setback distances.

Larger property requirements reflect concerns about groundwater contamination and adequate separation from neighboring properties.

Setback Requirements

Nearly every jurisdiction permitting home burial mandates setback distances from:

Water Sources: 50-300 feet from wells, streams, ponds, or other water bodies (varies by location)

Property Lines: 10-50 feet from neighboring properties

Structures: 25-100 feet from existing buildings, both on your property and neighbors’

Roads and Rights-of-Way: 10-25 feet from public roads or utility easements

These setbacks can make home burial impossible on smaller properties even where technically legal. Measuring and documenting compliance with setbacks is essential before proceeding.

Practical Requirements and Permits

Beyond zoning and setbacks, various practical requirements apply to home burial:

Death Certificate and Burial Permit

All jurisdictions require proper death certification before burial can occur:

Death Certificate: A physician, coroner, or medical examiner must complete a death certificate establishing cause of death.

Burial Transit Permit: Most states require a burial-transit permit (sometimes called a disposition permit) before a body can be transported and buried. These are typically issued by the county health department or vital records office.

Timing: Many states require burial to occur within a specific timeframe (24-72 hours) unless the body is embalmed or refrigerated.

Obtaining these documents requires working with medical professionals and county officials, even when burial will occur on private property rather than in a cemetery.

Cemetery Registration and Deed Restrictions

Some states require registering the burial site as a cemetery once you establish it:

Cemetery Designation: Indiana, for example, requires formally designating the property as a cemetery, which creates perpetual legal obligations.

Property Deed Notation: Some jurisdictions require noting the burial on property deeds, ensuring future owners know about the grave.

Survey and Mapping: You may need to survey and map the exact burial location, filing this information with county records.

These requirements create lasting legal connections between the property and the burial, affecting future property transfers and use.

Environmental and Health Considerations

Health departments evaluate several factors when considering home burial permits:

Soil Type and Drainage: Sandy, well-drained soil is ideal. Clay-heavy or poorly draining soil may be rejected due to contamination concerns.

Groundwater Depth: The water table must be sufficiently deep below the burial depth to prevent groundwater contamination. Many jurisdictions require at least 4-6 feet of soil between the burial and seasonal high water table.

Flood Zones: Properties in designated flood zones often cannot be used for burial due to risks of disturbance during flooding.

Septic System Proximity: Burials must be separated from septic drain fields and tanks by significant distances (often 50-100 feet).

Health departments may require soil tests, percolation tests, or hydrogeological assessments before approving burial permits. Can you be buried without a casket affects requirements, as natural burial may face additional scrutiny regarding decomposition and groundwater protection.

Long-Term Property Implications

Establishing a burial site on your property creates lasting impacts that extend beyond your lifetime:

Property Value Effects

How burial sites affect property value is debated:

Potential Negative Impact: Many real estate professionals believe on-site burials reduce property marketability and value. Future buyers may be uncomfortable with graves on the property or concerned about legal restrictions and maintenance obligations.

Historic Cemetery Appeal: Conversely, historic family cemeteries can add character and historical significance to rural properties, potentially enhancing appeal to certain buyers.

Market Reality: The actual impact depends heavily on location, property type, and buyer demographics. Rural properties with existing family cemeteries are relatively common in some regions and don’t dramatically affect marketability.

Restrictions on Future Property Use

Burial sites create perpetual use restrictions:

Development Limitations: You cannot build structures over or near burial sites. This permanently removes portions of your property from development potential.

Agricultural Constraints: Graves must be protected from farming equipment, limiting how the land can be used for agriculture.

Excavation Prohibitions: Future owners cannot dig, landscape, or substantially alter areas containing burials.

Subdivision Challenges: If future owners want to subdivide the property, burial sites complicate this process. Some states prohibit dividing properties in ways that separate graves from access routes.

These restrictions run with the land indefinitely, affecting all future owners. How long to wait before placing a headstone on a grave applies to home burials too, and markers help ensure future owners can identify and protect grave locations.

Legal Protections for Burial Sites

Once established, burial sites receive legal protections:

Desecration Laws: Disturbing graves is a crime in all states, with penalties ranging from misdemeanors to serious felonies.

Perpetual Care Requirements: Some states impose ongoing maintenance obligations on property owners where burials exist.

Access Rights: In some circumstances, descendants or family members may have legal rights to access burial sites even after property transfers to new owners.

Abandonment Prohibitions: You typically cannot “abandon” a burial site. Even if you sell the property or move away, the graves remain protected and the property retains associated restrictions.

Establishing a Family Cemetery

If you plan multiple burials on your property, you’re essentially creating a family cemetery, which carries additional considerations:

Planning and Layout

Thoughtful planning is essential for multi-grave sites:

Size and Capacity: Consider how many burials you might eventually want. A single grave requires roughly 30-40 square feet (including access space), so a family cemetery for 10-20 burials needs 500-800 square feet minimum.

Layout Design: Plan logical spacing, access paths, and consideration for future expansion. Traditional cemetery layouts use aligned rows, but family cemeteries can be more informal.

Orientation: Many people orient graves with specific directional considerations—Christian tradition often places graves east-west, Islamic tradition uses north-south alignment, and other traditions have different preferences.

Landscaping Considerations: Consider drainage patterns, tree placement (roots can disturb graves), and maintenance accessibility. Which type of headstone lasts the longest becomes relevant when planning lasting memorials in family cemetery settings.

Documentation and Record-Keeping

Maintaining clear records is crucial:

Burial Register: Keep a detailed log of who is buried where, with dates, exact locations, and any relevant information.

Site Maps: Create and maintain accurate maps showing grave locations, ideally surveyed by professionals.

Legal Documentation: File all permits, death certificates, and correspondence with authorities in a secure, accessible location.

Family Communication: Ensure multiple family members know about the cemetery location, record-keeping, and legal requirements.

Good documentation prevents confusion, protects the graves, and helps descendants understand and maintain the site generations later.

Maintenance Responsibilities

Someone must maintain the site perpetually:

Vegetation Management: Grass mowing, weed control, and tree trimming require ongoing effort.

Monument Care: Headstones need periodic cleaning and may require repairs over time. Headstone cleaning services pricing varies, but many families choose to handle maintenance themselves for home cemeteries.

Boundary Protection: Fencing or clear demarcation protects the cemetery from encroachment or accidental disturbance.

Succession Planning: Designate who will maintain the cemetery as family circumstances change. Some families establish trusts or legal arrangements ensuring perpetual care.

Cost Comparison: Home Burial vs. Cemetery

Financial considerations motivate many people to explore home burial:

Home Burial Costs

Typical expenses for burial on your own property:

• Burial permit fees: $0-$100
• Death certificate copies: $10-$30
• Grave excavation (if hiring equipment): $200-$500
• Burial container or casket: $0-$2,000 (depending on whether you use a shroud, simple container, or traditional casket)
• Headstone or marker: $100-$5,000+ (optional, varies dramatically)
• Survey/mapping (if required): $300-$800

Total: $500-$8,000 depending on choices, often $1,000-$3,000 for simple arrangements.

Traditional Cemetery Costs

Comparable cemetery burial expenses:

• Cemetery plot: $1,000-$4,000 (more in urban areas)
• Opening and closing fees: $1,000-$3,000
• Burial vault: $1,000-$3,000 (required by most cemeteries)
• Casket: $2,000-$10,000
• Headstone: $1,000-$8,000+
• Perpetual care fees: $0-$500

Total: $6,000-$25,000+ for traditional cemetery burial

Home burial can cost one-fifth to one-third of cemetery burial, representing significant savings. However, hidden costs exist: property value impacts, ongoing maintenance, and potential complications if you later sell the property.

Religious and Cultural Considerations

Many religious and cultural traditions include home burial practices:

Historic American Traditions

Family cemeteries on private property are deeply rooted in American history, particularly in rural areas. Pioneer families, farm communities, and isolated settlements routinely buried deceased on their land, creating small family graveyards still visible across the American landscape.

These historic family cemeteries now enjoy protection under cemetery preservation laws, and many families maintain them as heritage sites. Your burial on family property continues this long tradition.

Religious Practices

Some faith traditions specifically support or require burial on family land:

Jewish Tradition: While Jewish cemeteries are common, Jewish law doesn’t prohibit home burial, and some observant families choose it as consistent with traditional practices.

Muslim Practice: Islamic law requires simple burial with minimal delay, and home burial can facilitate quick burial in accordance with religious requirements.

Various Christian Denominations: While practices vary, nothing in Christian theology prohibits home burial, and some denominations view it as consistent with biblical precedent.

Understanding your specific religious community’s views helps navigate both spiritual and practical considerations.

Alternatives to Consider

If home burial proves impractical or legally impossible, alternatives exist that capture some of its benefits:

Green Burial Grounds

Natural cemeteries offer environmentally conscious burial in protected natural settings. These provide burial freedom similar to home burial (shrouds, biodegradable containers, natural markers) without the legal complexity and property restrictions.

Many people drawn to home burial for environmental reasons find green burial grounds accomplish their goals while avoiding legal complications. Rules for visiting cemeteries at natural burial grounds are often more relaxed than at traditional cemeteries.

Conservation Burial

Conservation burial grounds combine natural burial with land conservation, protecting natural areas in perpetuity through conservation easements funded by burial fees. This appeals to environmentally motivated individuals while avoiding private property complications.

Small Private Cemeteries

In some areas, families or groups can establish small private cemeteries separate from their residential properties. This requires more extensive permitting but can serve multiple families while maintaining privacy and avoiding home property restrictions.

Cremation with Property Scattering

If burial is prohibited but you want remains on your property, cremation with ash scattering or burial is often permitted where body burial is not. Cremated remains face fewer regulations, though some jurisdictions regulate even ash disposition. How long does it take to get a headstone after death applies less to cremation, but memorial markers can still honor those whose ashes were scattered on family land.

Common Questions About Home Burial

Can I bury my spouse on our property now, then be buried there myself later?

Yes, in jurisdictions permitting home burial. Once you establish a burial site, subsequent burials in the same location are typically easier to permit. However, confirm that regulations allow multiple burials and plan spacing accordingly.

What happens if I sell the property after someone is buried there?

The burial site must be disclosed to potential buyers and typically remains protected by law regardless of ownership changes. Some states require deed notations or easements ensuring perpetual access and protection. This can complicate property sales and may reduce property value.

Do I need a funeral director for home burial?

Not necessarily. Many states allow families to handle death care without funeral directors, though requirements vary. You may need professional help obtaining death certificates and permits even if handling other aspects yourself. Some families hire funeral directors for specific services while managing the burial themselves.

Can the government force me to remove a body buried on my property?

Generally no, once legally buried. However, if burial occurred without proper permits or in violation of regulations, authorities could potentially require relocation to a licensed cemetery. This is rare but emphasizes the importance of following proper procedures initially.

Are there ongoing property tax implications?

Some states exempt cemetery land from property taxes, but this typically applies to larger cemeteries serving the public. A small family burial ground on residential property usually doesn’t affect property tax assessments, though you should confirm local rules.

Can I bury pets alongside family members?

Pet burial regulations vary separately from human burial rules. Some jurisdictions permit pet burial on private property even where human burial is prohibited. Others prohibit mixing pet and human burials. Check specific regulations for both.

What about embalming requirements?

No state requires embalming, though some mandate it for specific circumstances (extended delay before burial, certain diseases, interstate transport). Home burial often occurs relatively quickly, making embalming unnecessary. Bodies can be refrigerated or kept cool with dry ice during planning periods.

Making the Decision

Deciding whether to pursue burial on your own property requires weighing multiple factors:

Practical Assessment: Can you actually do it legally? Research specific regulations for your property location thoroughly.

Long-Term Perspective: Consider how this affects the property for decades or centuries. Are you comfortable with perpetual restrictions and responsibilities?

Family Consensus: Do family members support this decision? Conflicts can arise if some want home burial while others prefer traditional cemeteries.

Alternative Exploration: Have you considered other options that might accomplish your goals with fewer complications?

Professional Guidance: Consult with attorneys familiar with property law and cemetery regulations, as well as funeral professionals who understand home burial requirements.

What to put on grave before headstone considerations apply equally to home burial as to cemetery burial, though you have more flexibility in temporary markers on your own land.

The appeal of home burial is understandable—connection to land, cost savings, environmental benefits, and keeping loved ones close. For some families in appropriate locations with thorough planning, home burial beautifully fulfills these goals. For others, legal complications, property restrictions, or practical challenges make alternatives more suitable. Understanding the complete picture helps you make informed decisions aligned with your values and circumstances.