Arkansas Home Burial Laws: Can You Bury Someone on Your Property?

Yes — Arkansas law allows burial on private property. But "legal in theory" and "easy to execute" are not the same thing. The state permits families to establish private graveyards on their land, but the actual process requires approval from at least three separate local authorities before the first shovel goes in the ground. Families who skip these steps can face significant legal exposure and may be required to disinter remains.

Here is exactly what the law requires.

The Legal Framework: Family Graveyards Under Arkansas Law

Arkansas Code Annotated § 20-17-901 governs the establishment of private family burial grounds. Under this statute, a family may legally inter human remains on private property, provided the land is formally registered as a family graveyard before the burial occurs. The law does not specify a minimum acreage for the burial plot itself, but local zoning ordinances will have their own requirements — and they vary by county.

The state law explicitly permits this option. What it does not do is make it simple.

Step-by-Step: How to Legally Establish a Family Graveyard in Arkansas

Step 1: Contact the Local Health Department First

Before anything else, contact your county health department to determine whether there are any specific sanitary restrictions on burial in your location. This includes minimum setback distances from wells, water sources, and neighboring property lines. The Arkansas Department of Health has jurisdiction over the sanitary aspects of burial, and local health officials can flag site-specific issues before you invest time in the approval process.

Step 2: Secure Zoning Approval

This is where most families encounter friction. State law permits family graveyards, but local municipalities and counties have the authority to restrict or prohibit them through zoning codes. Before proceeding:

• If your property is outside city limits: Contact the county zoning or planning office and the County Judge's office. You will need county-level approval.
• If your property is within city limits: Contact both city zoning and the Mayor's office. Approval from the municipal government is required.

Some jurisdictions move quickly. Others take weeks. If you are trying to execute a home burial with a body that must be interred or refrigerated within 48 hours of death, this timeline is a serious problem. Families who want this option should initiate the approval process before a death occurs — ideally months in advance.

Step 3: Complete the Cemetery Registration Form

The formal instrument for registering a family graveyard in Arkansas is the Cemetery Registration Form, administered by the Arkansas Department of Health Engineering Section. This document requires:

• The legal description of the property (from the deed or plat)
• The location of the proposed burial site on the property
• The signature of the approving authority (County Judge if outside city limits, Mayor if within city limits)

Step 4: Record with the County Clerk

The completed, signed Cemetery Registration Form must be recorded by the county clerk. This step permanently links the graveyard to the property record, which protects the burial site during future land sales or transfers. Without this recording, a new property owner could legally disturb the grave without notice that a burial existed there.

Step 5: File a Copy with the ADH Engineering Section

A copy of the recorded registration must also be filed with the Arkansas Department of Health Engineering Section. This creates the state-level paper trail.

The Burial-Transit Permit Is Still Required

Even if you are burying your family member on your own property, if the body is being transported from the place of death to your land, you may need a Burial-Transit Permit from the local county health unit registrar. The law allows the State Registrar to waive this permit for in-state earth burials in registered Arkansas cemeteries, but the local cemetery sexton (or in this case, the relevant health authority) retains the right to require one independently. Clarify this with your local registrar before transport.

If the burial will occur on private land and the body will be cremated first, a Burial-Transit Permit is mandatory before cremation can take place. There is no exception to this requirement for cremation.

Practical Complications

The 48-hour rule applies. If the body is not buried or cremated within 48 hours of death, it must be embalmed or stored under continuous refrigeration at 45°F or below. If you are waiting for county approval before burial, you need to have refrigeration arranged. Dry ice and specialized cooling blankets can maintain the legal temperature at home, but this requires active management.

You cannot simply dig and bury. Even after registration, the burial must be at an appropriate depth (your county health department can specify the requirement) and must not contaminate groundwater. Shallow burials near water sources create both legal and environmental problems.

Not every county will approve it. In more densely populated counties or in subdivisions, zoning restrictions may prohibit a family graveyard entirely regardless of what state law says. The state statute creates the right; local authorities control whether it is practically exercisable on your specific parcel.

Future property sales. A registered family graveyard creates an encumbrance on the title. When you sell the property, buyers will see the graveyard on the deed. In rural Arkansas this is relatively common and generally accepted; in suburban markets it can significantly affect sale value. Some families address this by conveying perpetual access rights in the deed.

When a Home Funeral Precedes Home Burial

If you intend to keep the body at your residence for a home vigil or home funeral before burial on your property, Arkansas law permits this as well. The same 48-hour refrigeration or embalming requirement applies. The family member acting as the de facto funeral director must have already filed the "Fact of Death" report with the local county registrar within three days of the death, and the burial cannot occur until the complete death certificate is processed and the appropriate permits are in hand.

For families pursuing home burial with a home funeral, the sequencing matters:

1. Obtain authorization to move the body (doctor or coroner clearance)
2. Arrange refrigeration or plan for burial within 48 hours
3. File the Fact of Death with the county registrar
4. Work with the medical certifier on the death certificate
5. Secure the Burial-Transit Permit if required
6. Confirm the family graveyard registration is already in place — or apply for expedited county approval

If the graveyard registration is not already done, the 48-hour clock will almost certainly expire before approvals come through. This is why pre-need planning for home burial is essentially mandatory.

The Arkansas Funeral Laws & Consumer Rights Guide includes a step-by-step home burial checklist, the contact framework for working with county judges and health department officials, and a plain-English walkthrough of the Cemetery Registration process. Attempting this without a clear roadmap significantly increases the risk of a procedural misstep that forces a more expensive, facility-based disposition.

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