Backyard Burial Laws: Can You Bury Someone on Your Own Property?

The Short Answer

Several states allow home burial on private property, but conditions are set at both the state and local levels. Your state may say yes while your county zoning board says no, or your HOA covenants prohibit it, or your property sits too close to a water table.

The practical question isn't "is it legal?" but "what do I need to comply with at every level of government that has jurisdiction over my property?"

State-Level Rules

Where private-property burial is allowed, common requirements include:

• A burial-transit permit — authorized by the local registrar and legally required for final burial, cremation, or transporting remains across state lines
• Filing the death certificate through the local registrar; access to EDRS (Electronic Death Registration System) is often restricted to licensed funeral directors
• Minimum burial depth — where specified by local zoning, health, or land-use rules
• Setback distances from water sources (wells, streams, lakes) — required distances vary by jurisdiction

A handful of states add specific requirements:

Local Zoning: The Real Gatekeepers

Even where state law is permissive, local zoning ordinances frequently restrict or prohibit private burials. Call your county zoning office and ask these specific questions:

1. Does my property's zoning classification allow private burial? (Agricultural and rural residential zones are most likely to permit it; suburban and urban zones often don't.)
2. Are there setback requirements from property lines, structures, roads, or water sources?
3. Do I need to record the burial location on my property deed?
4. Is there a minimum acreage requirement?
5. Do any HOA covenants or deed restrictions prohibit burial on my lot?

Record the burial location according to local rules so future owners know there are human remains on the land. Some jurisdictions use a deed recording, easement, or county plot map for this purpose.

GPS Documentation

Record the GPS coordinates of the burial site and include them in the deed recording or county plot map, as local rules require. This protects against future construction disturbing the remains and provides permanent documentation if the property changes hands.

Environmental and Practical Considerations

Depth matters. Shallow burials attract scavenging animals. Follow the minimum burial depth required by your local rules.

Distance from water. Follow the setback distance required by local rules for wells, springs, streams, or high water tables. These requirements vary by jurisdiction because decomposition can affect groundwater.

Soil type. Heavy clay soils slow decomposition and can cause drainage issues. Sandy or loamy soils are ideal. If your property has poor drainage, consider a slight mound over the burial site.

Vault or liner. A simple biodegradable container (shroud, pine casket, or wicker) may be appropriate for green burial, but confirm whether local land-use or cemetery rules require a vault or liner.

Future Property Sale Implications

Burying someone on your property creates a permanent obligation. The burial site may need to be maintained in perpetuity. Some buyers won't purchase property with a burial site, potentially affecting resale value. If you subdivide or sell part of the land, the burial plot may need its own easement or access right.

Some families set up a small family cemetery with its own recorded boundaries. This creates clearer legal standing than an unmarked backyard burial and simplifies future property transfers; size and access requirements are jurisdiction-specific.

For complete guidance on home burial as part of a family-directed funeral — including body preparation, cooling, transport, and the full permit process — see the Home Funeral / Family-Directed Guide.