State-by-State Regulations for Private Land Burials
In the United States, private land burials are regulated at both the state and local levels. While it is legal to be buried on private land in many U.S. states, zoning laws, environmental standards, and health regulations can vary greatly. Here’s a comprehensive guide to private land burials by state.
Note: For Canada, see this post
General Requirements for Private Land Burials in the U.S.
- Zoning and Land Use: As in Canada, most U.S. states require private land to be zoned as a family cemetery before a burial can take place. Local government approval is often needed to change the land’s designation.
- Health and Environmental Concerns: Each state has specific regulations regarding the distance between a burial site and water sources like wells, lakes, and rivers to avoid contamination. There are also minimum burial depths to prevent health risks.
- Permit Requirements: Some states require a permit from the local health department or other relevant authorities before a burial can proceed.
State-by-State Regulations for Private Land Burials
- Alabama: Private land burials are allowed, but the site must follow zoning and environmental guidelines. You may need to consult with local authorities for additional requirements.
- Alaska: Burials on private land are legal, but the process must be sanitary and compliant with public health standards. Zoning approvals are generally required.
- Arizona: Private land burials are permitted with the appropriate zoning, environmental reviews, and permits.
- Arkansas: You can be buried on private land, but local zoning laws and health regulations apply. Some counties may require permits before the burial.
- California: Private land burials are generally not permitted unless the land is officially designated as a family cemetery. This involves a lengthy zoning approval process.
- Colorado: It is legal to be buried on private land in Colorado, but zoning and environmental approvals are required. The burial site may also need to be registered.
- Connecticut: Burials on private land are generally prohibited unless the property is formally designated as a cemetery.
- Delaware: Private burials are not allowed without specific land-use permits and zoning approvals.
- Florida: Private land burials are legal, but strict zoning, environmental, and health guidelines must be followed. The burial site must be a certain distance from water sources.
- Georgia: Private land burials are allowed with proper zoning and health department permits.
- Hawaii: Burials on private land are allowed, provided you follow health and zoning regulations and ensure the burial does not pose any environmental risks.
- Idaho: Private burials are allowed, but zoning and health regulations apply. You’ll need to ensure the burial is done in a sanitary manner.
- Illinois: Burials on private land are generally prohibited without special permits and a designation as a family cemetery.
- Indiana: You can be buried on private land, but local zoning regulations must be followed, and the site may need to be registered as a cemetery.
- Iowa: Private land burials are allowed with the proper permits, and the land must meet zoning and environmental requirements.
- Kansas: Private land burials are permitted, but zoning regulations and permits from the local health department may be necessary.
- Kentucky: Private burials are allowed, provided zoning and health regulations are observed.
- Louisiana: Private land burials are allowed, but zoning and health laws apply, and you must obtain the proper permits.
- Maine: Private land burials are permitted as long as you comply with zoning, environmental, and health regulations.
- Maryland: Burials on private land are generally not allowed unless the land is formally designated as a family cemetery.
- Massachusetts: Private burials are generally prohibited without specific zoning approvals.
- Michigan: Burials on private land are allowed, but the land must be designated as a cemetery, and permits are required.
- Minnesota: Private land burials are legal, provided you meet zoning and environmental regulations.
- Mississippi: You can be buried on private land, but permits and zoning regulations must be followed.
- Missouri: Burials on private land are allowed, but health and zoning regulations apply. You may need to obtain permits from local authorities.
- Montana: Private land burials are permitted with proper zoning approvals and health department regulations.
- Nebraska: You can be buried on private land, provided the land meets zoning and health requirements.
- Nevada: Burials on private land are generally prohibited unless the land is officially designated as a cemetery.
- New Hampshire: Private land burials are legal with proper zoning approvals and compliance with health regulations.
- New Jersey: Burials on private land are allowed with the proper permits and compliance with zoning laws.
- New Mexico: Private land burials are allowed, but the site must meet zoning and health regulations.
- New York: Private burials are generally prohibited without establishing the land as a cemetery.
- North Carolina: Burials on private land are permitted, provided zoning and environmental regulations are followed.
- North Dakota: Private burials are allowed with proper zoning and health permits.
- Ohio: You can be buried on private land, but local zoning and health regulations apply, and you may need a permit from the health department.
- Oklahoma: Private land burials are allowed, but zoning regulations must be observed, and permits are required.
- Oregon: Private land burials are permitted, but you must follow local zoning and environmental regulations.
- Pennsylvania: Burials on private land are allowed with the appropriate permits and zoning approvals.
- Rhode Island: Private burials are allowed with proper land-use permits and health department approvals.
- South Carolina: Burials on private land are allowed, provided the land complies with zoning and environmental regulations.
- South Dakota: Private land burials are permitted with the appropriate permits and compliance with zoning regulations.
- Tennessee: Burials on private land are allowed, but you must follow zoning and health department regulations.
- Texas: Private land burials are allowed, provided you comply with zoning and environmental regulations.
- Utah: Private burials are legal, but zoning laws and environmental considerations must be observed.
- Vermont: Burials on private land are allowed with proper permits and compliance with health and zoning regulations.
- Virginia: Private land burials are allowed, provided you meet zoning and environmental regulations.
- Washington: Burials on private land are allowed, but local zoning and health regulations must be followed.
- West Virginia: Private land burials are permitted with proper zoning and health permits.
- Wisconsin: Private burials are allowed, but zoning and health laws must be followed.
- Wyoming: Burials on private land are allowed, but you must comply with health and zoning regulations.
