What are the burial laws for a person to be buried on family property?

Kimihere asked...

My father wants to be buried on our family property, which we have owned for over 3 generations. What are the burial laws and requirements and restrictions on that?

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

If you want to proceed with burying your father on the family property, it is wise to make the effort to learn about the specifics of related legal controls—and those are different in every state.

For example, the laws in some states require you to keep particular records about where and when bodies are disposed of, and it also allows municipalities to impose some additional restrictions.

You can find a synopsis of state law requirements at the Funeral Consumers Alliance. In addition, the book Caring for Your Own Dead: Your Final Act of Love by Lisa Carlson (Upper Access Publishers) details what permits are required in each state and how to find and file them, along with providing practical information about how to proceed.

To be extra cautious, you should also contact your local zoning authority to see whether it imposes additional regulations on burials on private property.