Burial Laws by U.S. State

Burial laws in the United States vary significantly by state, affecting where, how, and under what conditions you can bury a loved one. These differences can have important implications for families planning funerals, burials on private land, or eco-friendly interments. Understanding your state’s regulations is essential to ensure legal compliance and avoid potential complications.

Key Considerations in Burial Laws

Here are some key considerations with regard to burials in the U.S.

Private Land Burials

In many states, private land burials are legal but subject to specific zoning and environmental restrictions. Most states require:

Zoning Approval: Local zoning ordinances dictate whether private land can be used for burial. Often, rural areas are more permissive than urban or suburban zones.
Permits: States like Texas and Vermont require a burial permit from local authorities.
Environmental Impact Assessments: Some states mandate assessments to ensure that burials won’t contaminate groundwater or disrupt ecosystems.

If private land burials are allowed, families should clearly mark the burial site and file records with the county to avoid legal issues during property sales.

Cemetery Regulations

Most states regulate cemeteries to ensure safety, record-keeping, and maintenance standards. Key points include:

Licensing Requirements: States such as California require cemeteries to be licensed and comply with state-level operational standards.
Ownership Rules: Regulations often specify who can operate cemeteries and their obligations, such as perpetual care requirements for maintenance.
Alternative Cemeteries: Natural or green burial cemeteries are becoming more common, but their operations are heavily regulated in states like New York and Washington.

Burial Containers

Regulations about burial containers—such as caskets, burial vaults, and green options—vary by state:

Casket Requirements: While most states do not legally require a casket, individual cemeteries often have their own rules.
Burial Vaults: Some states, like Illinois, require burial vaults or grave liners to prevent ground collapse, while others leave it up to cemetery policy.
Eco-Friendly Containers: States like Oregon and Colorado are more permissive of biodegradable shrouds and natural containers, supporting eco-friendly burial practices.

Home Burials

For families interested in burying loved ones on their own property, home burials are legal in some states with conditions:

Permits and Notification: States such as North Carolina require families to notify local health departments and obtain permits.
Distance Requirements: Some states mandate a minimum distance from water sources, property lines, or neighboring homes.
Marking the Burial Site: To avoid future legal disputes, families should document and register the burial location with the county.

State-by-State Overview of Burial Laws

Burial laws can vary widely depending on the state or territory. To help navigate these differences, the following table provides an overview of burial regulations in all U.S. states, Washington, D.C., and Puerto Rico. This includes key information about private land burials, cemetery regulations, and unique requirements for each jurisdiction.

State/Territory	Private Land Burial	Cemetery Regulation	Unique Requirements/Notes
Alabama	Allowed with zoning approval	Vaults often required	Rural areas more permissive
Alaska	Allowed with permits	Minimal regulations	Cold climate considerations
Arizona	Allowed with zoning approval	Vaults not always required	Check local water table limits
Arkansas	Allowed with permits	Cemetery registration required	Documentation with local authorities needed
California	Rarely allowed	Strict cemetery licensing	Home burials require special permits
Colorado	Allowed with zoning approval	Natural burials supported	Eco-friendly options widely available
Connecticut	Allowed with permits	Cemetery maintenance laws	Limited private burial options
Delaware	Allowed with zoning approval	Cemetery registration required	Notification to local authorities required
Florida	Allowed with permits	Burial vaults required	Notification to health department required
Georgia	Allowed with zoning approval	Cemetery licensing required	Family cemeteries common in rural areas
Hawaii	Allowed with permits	Strict cemetery regulations	Proximity to water sources monitored
Idaho	Allowed with permits	Minimal cemetery regulations	Check for groundwater contamination risks
Illinois	Allowed with permits	Cemetery vaults often required	Reporting required to local authorities
Indiana	Allowed with zoning approval	Vaults often required	Rural areas have fewer restrictions
Iowa	Allowed with zoning approval	Cemetery licensing required	Burial site documentation recommended
Kansas	Allowed with permits	Cemetery vaults required	Permits required for home burials
Kentucky	Allowed with zoning approval	Cemetery licensing required	Burial near water sources restricted
Louisiana	Allowed with permits	Cemetery vaults required	High water table affects burial options
Maine	Allowed with permits	Cemetery licensing required	Seasonal restrictions may apply
Maryland	Allowed with permits	Cemetery registration required	Notification to health department needed
Massachusetts	Allowed with zoning approval	Cemetery licensing required	Burial near water sources restricted
Michigan	Allowed with permits	Vaults required in cemeteries	Family cemeteries are an option
Minnesota	Allowed with zoning approval	Cemetery maintenance laws	Seasonal restrictions due to climate
Mississippi	Allowed with zoning approval	Vaults often required	Permits required for private burials
Missouri	Allowed with zoning approval	Cemetery licensing required	Rural areas more lenient
Montana	Allowed with permits	Minimal cemetery regulations	Eco-friendly options available
Nebraska	Allowed with permits	Cemetery vaults required	Notification to local authorities required
Nevada	Allowed with permits	Cemetery licensing required	Check water table limits
New Hampshire	Allowed with zoning approval	Vaults often required	Family burials require notification
New Jersey	Allowed with permits	Cemetery vaults required	Strict burial location rules
New Mexico	Allowed with permits	Minimal cemetery regulations	Family cemeteries allowed
New York	Rarely allowed	Cemetery vaults required	Burial permits mandatory
North Carolina	Allowed with zoning approval	Cemetery licensing required	Burial near water sources restricted
North Dakota	Allowed with permits	Vaults often required	Eco-friendly burials supported
Ohio	Allowed with zoning approval	Vaults required in cemeteries	Burial permits required
Oklahoma	Allowed with permits	Cemetery vaults required	Notification to health department required
Oregon	Allowed with zoning approval	Natural burials supported	Proximity to water sources monitored
Pennsylvania	Allowed with zoning approval	Cemetery maintenance laws	Burial permits required
Rhode Island	Allowed with permits	Vaults often required	Strict land use regulations
South Carolina	Allowed with zoning approval	Cemetery licensing required	Burial near water sources restricted
South Dakota	Allowed with permits	Minimal cemetery regulations	Seasonal restrictions may apply
Tennessee	Allowed with zoning approval	Vaults often required	Notification to health department needed
Texas	Allowed with permits	Cemetery registration required	Family cemeteries common
Utah	Allowed with zoning approval	Minimal cemetery regulations	Burial permits required
Vermont	Allowed with permits	Cemetery licensing required	Burial near water sources monitored
Virginia	Allowed with zoning approval	Vaults often required	Burial permits required
Washington	Allowed with zoning approval	Natural burials supported	Family cemeteries allowed
West Virginia	Allowed with permits	Cemetery maintenance laws	Burial near water sources restricted
Wisconsin	Allowed with permits	Vaults often required	Seasonal restrictions due to climate
Wyoming	Allowed with zoning approval	Minimal cemetery regulations	Burial near water sources monitored
Washington, D.C.	Rarely allowed	Strict cemetery regulations	Permits required for private land burials
Puerto Rico	Allowed with permits	Vaults often required	Notification to health department required