Burial laws by state. State Veteran Cemetery System; Article 14.
Burial laws by state Here are some answers to common questions about these matters in West Virginia. Before conducting a backyard burial, check with the town or county clerk and local health department for any rules you must follow. Caskets for Cremation. Not all states have filial responsibility laws, and not all families are liable. New York law permits any person to dedicate land for use as a family cemetery, as long as it doesn't exceed three acres in size and isn't located within "one hundred rods [1,650 feet] of a dwelling house. ) If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future. Time within which dead bodies are to be buried. It further states that municipalities may not use eminent domain to take a historic burial ground for an alternate use. When planning a home burial, remember that each state also has unique zoning laws, embalming and cremation requirements, and rules regarding public funerals. The remains of a human body after cremation may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law. 110. Table of Contents » Title 57. A funeral may be divided into the following two parts: a. Code § 41-43-1 (2024). Before conducting a home burial, check with the town or county clerk and local health department for any rules you must follow. ilga. Please verify the status of the code you are researching CEMETERY MAINTENANCE DISTRICT LAW State Senate. ) If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so Pennsylvania law also requires that you obtain a permit from the local registrar or State Registrar of Vital Statistics before you cremate a body. Additional laws related to the funeral industry can be found in various www. Funeral directing and embalming; license; requirements. Each Wisconsin Burial Sites Burial site preservation and information for landowners who may have a burial site on their land. Legal Issues Explained Each state has laws affecting what happens to a body after death. § 450. There are no state laws on the matter, but federal aviation laws prohibit dropping any objects that might cause harm to people or property. Corporation Law states that unless a cem-etery lot is specifically assigned by will (in-cluding reference to the lot number, section The TFSC is the state agency authorized by state law to regulate the death care industry in the state of Texas. " Each state has laws affecting what happens to a body after death. “Adopt” a cemetery—pick one (or more) in your area and keep an eye on it. The law states that the burial/funeral ceremonies of an To represent the Illinois state legislative and advocacy interests of our profession, here you can locate a compilation of laws and public acts in the State of Illinois; Cemetery Care, Illinois Pre-Need Cemetery Sales Act, and Funeral or Burial Trust Funds PLACE Division (877) 203-3401 & Email: PLACE@illinoiscomptroller. ” “The law passed with wide bipartisan support. Laws were compiled by staff at the law firm of Eaton Peabody . M. A ceremony for celebrating, sanctifying, or remembering the life of a person who has died. 027: merger of cemeteries. Since 1949, the oversight of public cemeteries and enforcement of the laws and regulations that apply to them has been delegated to the New York State Cemetery Board. The county recorder or coroner should be able to supply you with a form you can use for this purpose. In contrast, many states permit home burials but require compliance with specific Understanding burial laws in the United States is crucial when planning a funeral or burial. Box 83720 Boise, ID 83720-0038 the New York State Cemetery Board. Check zoning----- § SC 40-8-200. When navigating entombment, burial, and cremation, cemetery laws are both a shield and a guide. Questions or comments. sos. The funeral service, which may take place at a funeral home, church, or other place. Proper embalming is essential for long-distance transport, and using a secure, leak-proof container is mandatory. However, ten require a licensed funeral director to oversee the process. (See How to Go Out Greener. While there are no state laws on the matter, federal law prohibits dropping any objects that might cause harm to people or property. In states like California, Florida, Illinois, New York, Georgia, Maryland, Michigan, Pennsylvania, New Jersey and Texas, it is legal to bury a pet in your own backyard as long as there is no Filial responsibility is a legal concept in which an adult child is financially responsible for their parents’ unpaid healthcare costs. 32. when death is imminent or already has occurred. Encourage the legal landowners of a cemetery, or those responsible for it, to do what is necessary to maintain a cemetery which is in their Mortuary Science State and Federal Laws, Rules and Regulations Minnesota State Laws. Burial Laws by State 2024 None of the 50 states legally require a casket for burial or cremation. Updated 9/11/2024 Connecticut. Scattering Ashes by Air. g. Box 83720 Boise, ID 83720-0081 P: 208-332-1000 | F: 208-334-2320 Public Records Request: P: 208-334-2475 E: prr@lso. The Cemetery Board is made up of the Secretary of State, the Attorney General and the Commissioner of Health, or people designated by them. In this article, we summarise the laws each state has on at home pet burial. 50. il. 38-1415. 227 . idaho. Washington State Constitution. 08, Florida Statutes – Cemeteries; right of ingress and egress for visiting or maintenance A law to protect all unmarked burial sites in New York State. Cons. 35. 100, and where human remains are rightfully carried through or removed from the state for the purpose of burial elsewhere, human remains lying within this state, and the remains of any dissected body, after dissection, must be decently buried, undergo cremation, alkaline hydrolysis, or natural organic reduction within a laws of this State, by deposit in a crypt of a mausoleum, or by cremation. No deposit of the bodies or remains of the human dead shall be made in a single chamber, vault or tomb 20 ILCS 3440 Human Remains Protection Act This Act, passed in 1989, protects all unregistered graves, graves artifacts, and grave markers (including prehistoric mounds) that are over 100 years old and are not located in a cemetery that is registered with the State Comptroller’s Office under the Cemetery Care Act. gov. (21) FUNERAL. LAWS OF NIGERIA/LAGOS STATE ALSO AVAILABLE [] Before burying a family member in your backyard, you should check local zoning rules. elections. (35 Pa. 007, Florida Statutes – Final dispositions prohibited without burial-transit permit; records of dead bodies disposed; Section 704. Follow Federal. 311, § 1, eff from and after July 1, 2021. State laws (RCW) Session laws; Past versions of state laws; Help with state laws; State rules (WAC) Washington veterans' home and soldiers' home, burial of deceased members: RCW 72. Each state has unique regulations, so verify you have a transit permit from the state of death. 46-4-104). To protect an ancestral burial ground, family members should make sure the cemetery is well-marked with a fence and a sign. The cost of a casket can range from a simple $500 box to $20,000 or more for an elaborate design. It offers protection from all disturbances including, but not limited to To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page. The authorizing statute for the TFSC is Texas Occupations Code, Subtitle L, Chapter 651, Cemetery and Crematory Services, Funeral Directing, and Embalming. Burial Laws By State. For instance, each state has its own laws governing embalming, burial or cremation, scattering of cremains, and obtaining a death Each state has laws affecting what happens to a body after death. While we cannot cover every state in detail, we will provide an overview of some key New York State law allows for the use of an unfinished wooden box or an "alternative container" made of cardboard, pressed wood, composition materials, or canvas or other material. There are regulations governing what happens to a body after death in every state. Understanding these regulations is essential for both individuals planning a burial and professionals in the funeral industry to ensure compliance with state requirements. Can I choose how my remains will be disposed of? Each state has laws affecting what happens to a body after death. A Guide to Funeral and Burial Options in New York 4 FUNERALS Consumer Rights and the Funeral Rule There is no law requiring the use of a funeral home, though many people choose to do so because they do provide a full range of services and Understanding these laws is crucial for those considering this option. Legal Criteria for Private Burial in Iowa. Here are some answers to common questions about post-death matters in Can You Bury Someone on Private Property in New Mexico? Most bodies are buried in established cemeteries, but burial on private property may be possible in rural areas of the state. For example, most states have rules about embalming, burial, cremation, scattering ashes, and how to get a death certificate. Chapter ; Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. STATE OF NEBRASKA STATUTES RELATING TO: 1. In all 50 states, funeral homes must accept caskets that consumers have purchased from another source. 3d 215 (5th Cir. 228 . 36. 504 (2024). Establishes a process for the disposition of non-Native American burial sites. In Iowa, the legal criteria for private burial are defined by state statutes and local ordinances. For example, most states have unique rules about embalming, burial or cremation, scattering ashes, and how to get a death certificate. Access: § 1-16-242 ("For any burial site located on land subject to a subdivision plat, an appropriate easement shall be provided for ingress and egress to the burial site by a person who is related by blood or marriage, or who has a cultural affiliation with the persons interred in a burial site, or who has an interest in a burial site that the office of the state’s attorney for the county Except in cases of dissection provided for in RCW 68. While these laws can vary greatly by location and type of cemetery, being informed helps you navigate these sacred spaces Planning a traditional funeral and burial involves numerous legal requirements and regulations that vary by state. . § 24-14-23 (2024). 33. In our guide, What is Filial Responsibility, we dive into an explanation of when these laws can possibly apply. Here are some answers to common questions about post-death matters in Section 382. (Criminal Act-Human skeletal remains or burial goods) Department of Health and Human Services Division of Public Health Licensure Unit 301 Centennial 38-1414. Castille, 712 F. This article will explore compliance with Iowa’s private burial laws, highlighting key considerations and potential legal implications. 34. of Safety & Professional Services) The Law (Additional statutes, regulations & opinions may apply to your specific situation. For example, most states regulate embalming, burial or cremation, scattering ashes, and how to get a death certificate. Stat. ) In Pennsylvania, there are no state laws controlling where you may keep or scatter ashes. rivers, streams, and lakes. However, check with the cemetery, which might require a certain type of container. When planning a home burial, remember that each state also has unique Federal law grants you substantial consumer rights. Read our state-by-state guide to funeral rules and regulations when buying a casket or coffin online. Registrar’s certificate and coroner’s order to be delivered to person burying. Local governments might have rules governing private burials, however. gov or www. Some people prefer to forgo a casket altogether. Disclaimer: We Before conducting a backyard burial, be sure to check with the county or town clerk for any zoning laws or other ordinances you must follow. Here are answers to common questions about post-death matters in Ohio. Legal Requirements for Burial in Kansas Most bodies are buried in established cemeteries, but there are no state laws in Arizona that prohibit burial on private property. Where Can We Store or Scatter Ashes After Cremation in Virginia? In Virginia, there are no state laws controlling where you may keep or scatter ashes. However, It is best to check with your local authorities (details in the resource section at the bottom of this article) to see if there are any regulations and requirements The director of health, by rule, shall provide for the issuance of a burial permit without the payment of the fee required by this section if the total cost of the burial will be paid by an agency or instrumentality of the United States, the state or a state agency, or a political subdivision of the state. com accordance with the laws of this State, by deposit in a crypt of a mausoleum, or by cremation. 04: failure to keep register; forfeiture. § 26:6-5 (2024). Specific Laws Across States. J. Here are some answers to common questions about these matters in California. Ashes may be stored in a crypt, niche, grave, or container at home. For example, most states have unique rules about embalming, burial, cremation, scattering ashes, and how to get a death certificate. To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order. State board of funeral service; membership . If the decedent died while serving in any branch of the United States armed forces, the United States reserve forces or the national guard, and completed a United States department of defense record of emergency data, DD form 93, or its successor form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves on the person Backyard Pet Burial Laws by State: Key Points and Requirements. Here are some answers to common questions about post-death matters in The Washington State Department of Licensing states that ashes may be scattered over "public navigable waters under state control, including Puget Sound . Burial vaults and caskets are not required by law for burial in New Hampshire, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. “Pegged as a greener method of burial than caskets or cremation, supporters say the option could find a foothold in the $20 billion funeral industry. NEW HAMPSHIRE FUNERAL RESOURCES & EDUCATION. Volunteer with the Cemetery Registry Project to help locate and survey all cemeter-ies and burial grounds in the state. When considering pet burial, it is crucial to understand the laws and regulations specific to your state. State of California Cemetery and Funeral Bureau Homepage is designed to help Californians become informed consumers by learning their rights and protection. 229 § 73-11-43. ) chapter b3 laws of lagos state, 2015 DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N2000 (PDF) CLICK HERE FOR ONLINE PAYMENT OR TRANSFER TO TREE & TREES, 0013401871, GTBANK. However, you should check with the cemetery; Mississippi state law authorizes the county board of supervisors to grant permission to establish private family cemeteries. (St. State Veteran Cemetery System; Article 14. 36. 03: actuary; records; reports. The Enacts the "unmarked burial site protection act"; requires the cessation of all ground disturbing activities upon the discovery of a burial ground, human remains or funerary objects; requires the reporting of such discovery to the local coroner; provides that if such remains are more than 50 years old, the state archaeologist shall be notified; requires state archaeologist to determine . 025: transfer of cemetery to local government unit. Before burying a body in your backyard or establishing a family cemetery, you should check county and city zoning ordinances. Before burying a body in your backyard or establishing a family cemetery, you should check county and city zoning rules. These laws commonly cover embalming, burial, cremation, scattering ashes, and how to get a death certificate. There is created the State Board of Funeral Service which shall consist of seven (7) 233 . (Alabama Code § 22-19-3 (2024). The filial responsibility law in Connecticut is the only one in the United States that brings the age of parents into it. The principal purposes of the Burial Preservation Board are to protect from disturbance or destruction human skeletal remains, burial sites, and burial materials found on state and private lands in Montana and to resolve claims unused public cemetery; transfer to operating public cemetery. Learn important Minnesota laws about burial, cremation, getting death certificates, scattering ashes, embalming, and other post-death matters. You may be able to create a family cemetery and hold a home burial if you live in a rural area. Washington State states that ashes may be scattered over "public navigable waters under state control, including Puget Sound, rivers streams, and lakes" Where Can a Body be Buried? Must be buried in established cemeteries, and all cemeteries must be run by corporations. Learn the legal and practical aspects of burying a loved one on your own land in any state. Examinations; requirements. In Chapter 816, Sec 46b-215, the state considers a person who “neglects or refuses to furnish reasonably necessary support” to their parent who is “under the age of sixty-five shall be deemed guilty of nonsupport and shall be imprisoned not more than a For inland water burial, you might be legally required to obtain a permit from the state agency that manages the waterway. There are about 1,700 public Learn what legal restrictions are in place in which states for home burial, home based body care, and standard burial depth. For more information about funeral laws in Iowa, see Iowa Home Funeral Laws. Each state has laws affecting what happens to a body after death. ) The state can prohibit any burial that would be dangerous to public health. Cemeteries. The Cemetery Board is made up of the New York State Secretary of State, the New York State Attorney General and the New York State Commissioner of Health. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. According to the Florida Division of Funeral, Cemetery & Consumer Services , Florida allows families to establish cemeteries that are less than two acres large, so long as burial spaces or burial rights aren't offered for sale. Religious and Charitable Matters; Cemeteries » Chapter 3. Secretary of State Resources: Digging Deep: Unearthing the Mysteries of Burial and Cemetery Law (2017) Additional Contacts & Resources: General Laws Conversion Table (2024) [PDF] Florida Statutes Definitions Index (2024) [PDF] Table of Section Changes (2024) [PDF] Preface to the Florida Statutes (2024) [PDF] Table Tracing Session Laws to Florida Statutes (2024) [PDF] Index to Special and Local Laws (1971-2024) [PDF] Index to Special and Local Laws (1845-1970) [PDF] Statute Americans have a hard time dealing with dying and death and often only deal with estate planning, elder care planning and selection of funeral arrangements when they have no choice, e. For inland water burial, you might be legally required to obtain a permit from the state agency that manages the waterway. state. gov Under state law, family members have a right to visit the graves of their ancestors, even though someone else may own the property (T. In Wisconsin, state law permits you to place cremated remains in a grave, niche, or crypt, The Funeral Board's web site has linked the Rules of the Funeral Board, Vital Statistics, and the Medical Examiner to the Secretary of States web site www. They’re also influenced by federal laws you need to know. Most bodies are buried in established cemeteries, but there are no state laws in South Carolina that prohibit burial on private property. House of Representatives. Caskets for Burials. Below is a list of general pet burial laws in each state. Call the Legislative Hotline 1-800-562-6000 In Maine, Is a Casket Necessary for Burial or Cremation? A casket is often the single greatest expense incurred after a death. (Miss. us. Understand Kansas burial and cremation laws, including how to get a death certificate, where to scatter ashes, whether backyard burials are legal, and more. South Dakota--Check zoning. § 45A Funeral director's name used in connection with death certificate or burial permit § 46 Permit for burial of bodies brought into commonwealth; certificate; recording § 46A Veterans; burial; affidavit; veteran graves officer methods, human dead for burial, cremation, or transportation. P. " Scattering Ashes by Air. Establishes a process to follow when unmarked graves are found. While there are no state laws on this issue, federal aviation laws prohibit dropping objects that might injure people or damage property. Home Nature preserve cemeteries are exempt from burial depth requirements. Apprenticeship; apprentice Most bodies are buried in established cemeteries, but there are no state laws in North Carolina that prohibit burial on private property. Caskets for Burials . The Cemetery Law sets standards for the establishment, maintenance, and preservation of burial grounds in New York State. " If the burial ground is taken for public use, then the burial ground authority must preserve a record of what was removed. 150’ from known water source Caskets for Burial. 06: conveyance of certain lands to cemetery associations. There are 47 states that allow you to bury a body on your property. Establishes a Native American Burial Site Review Committee to make decisions about indigenous burial sites. Learn about Oklahoma burial and cremation laws, including where you can bury a body or scatter ashes. Water Burial Law. members, one (1) funeral service licensee and one (1) funeral director Code of Virginia. You'll need a burial transit permit and a death certificate. The result can be both frustrating and expensive as people are required to make significant economic decisions when emotionally Washington was the first state in the nation to legalize composting (as of 2019) as an alternative to burying or cremating human remains, offering "natural organic reduction" including composting. 2. A. Even though burial vaults or grave liners are not required by law, some cemeteries require them to prevent collapse or sinking of the grave. (N. MN Statute 149A - Funeral Industry Law ; MN Statute 306 - Public Cemetery ; MN Statute 307 - Private Cemetery ; MN Statutes Chapter 390 - MN Statute Chapter 390 - Coroner; Medical Examiner ; MN Statute 144. Local governments might have rules governing burials, however. Burial of deceased child as still-born. For example, most states have unique rules about embalming, burial, cremation, Each state has laws affecting what happens to a body after death. C. 006, Florida Statutes - Burial-transit permit; Section 382. O. Here are some answers to common questions about post-death matters in Most bodies are buried in established cemeteries, but there are no state laws in Colorado that prohibit burial on private property. oar. For instance, each state has its own laws governing embalming, burial or cremation, scattering of cremains, and obtaining a death Caskets for Burials. Learn about the state and federal laws that protect burial sites, Native American mounds, and other places where human remains are buried. However, you should check with the cemetery; While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. After a death in the family, survivors are faced with a lot of questions, some State laws govern most aspects of burial on private property. b. Most bodies are buried in established cemeteries, but there are no state laws in Colorado that prohibit burial on private property. Burials on private property must be recorded with the county clerk within 30 days. For example, New Mexico requires bodies to be buried 6 feet deep, while New Jersey requires a Each state has laws affecting what happens to a body after death. Some of these are listed below. You can choose how your remains will be cared for. But this interpretation of Louisiana state law was rejected by the courts as unconstitutional. [Texas Health & Safety Code §711. The Anambra State Burial/Funeral Ceremonial Control Law was enacted by the House of Assembly of Anambra State on April 9, 2019. Location of Cemetery: Texas law requires that cemeteries be a certain distance outside of the local municipality based upon population. You must have a burial-transit permit if someone other than a funeral home disposes of the body. (c) The person responsible for disposal of a dead animal must dispose of it by burial, landfilling, incineration, composting, rendering, or another method approved by the local health officer (such as natural decomposition) that is not otherwise prohibited by federal, state, or Transporting a body requires you to follow specific legal requirements, which vary by jurisdiction. 07 (4) This section does not apply to any person acting under the direction or authority of the Division of Historical Resources of the Department of State, to cemeteries operating under chapter 497, any cemeteries removing or relocating the contents of a grave or tomb as a response to a natural disaster, or to any person otherwise authorized by law to remove or disturb a tomb, monument There is no law requiring the use of a funeral home, though many people choose to do so because they do provide a full range of services and can make the entire burial process a New York State Funeral Home Rules In addition to the nationwide Funeral Rule, New York has additional rules regulating funeral homes. us - IL State Elections Board - here you can locate your Senator or Representative by your address, zip+4, or voting district www. 225 - Tangible Interest Law ; MN Statute 144 - Vital Statistics Whenever any cemetery society or cemetery authority acquires property as a result of the foreclosure of such mortgage, or in any other manner, the directors or managing officers of such society or authority have the power to sell and convey the 31. Coroner may authorise burial before registration of death. Home burials are prohibited in states like Indiana, California, and Washington . The approved charges can be found in cemetery offices. No law requires a casket for burial. Discover the regulations for different states. Prohibition against burial without proper sanction. Registrar to issue certificate for burial. 1. Joseph Abbey v. This article will delve into various aspects of Kansas’s burial laws, providing clarity on legal obligations and procedures involved. Printed copies of the official rules are available only from the Secretary of State, you may contact the Secretary of State through the link listed above for information on DISCLAIMER: Pet Burial law differs by each state and sometimes even each city has its own laws. Statewide Cemetery Registry; FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Updated by Jeff Burtka, Attorney George Mason University Law School. 230 [Repealed effective July 1, 2025]. While these are the burial rules we have collected, it’s important to check the burial laws for your individual city to be sure. Though each city may differ in terms of pet burial rules, let’s discuss the pet burial laws in each individual state. ) Most bodies are buried in cemeteries, but there are no state laws in Tennessee that prohibit burial on private property. gov - Illinois General Assembly website - here you can locate a compilation of laws and public acts in the State of Illinois; current session information and up to date information on pending legislation. ) Most bodies are buried in established cemeteries, but there are no state laws in Florida that prohibit burial on private property. For more information, see Burial at Sea on the EPA website. eatonpeabody. PHMC approval must be given before a burial ground is taken for "public use. For example, most states have unique rules about embalming, burial, cremation, scattering ashes, and how to get a death The MCA Guide to Maine Cemetery Laws is published for the use of its members. 306. 2013). Wisconsin Cemetery Regulations & FAQ (Position Statements) (WI Dept. 1-800-564-0111 . Once the report is generated you'll then have the option to download it as a pdf, print or email With our Digging Deep publication, we hope to assist all Vermonters, and especially the volunteers who oversee our cemeteries, by explaining the laws that apply to burials and cemeteries in Vermont. Find resources, tips, and guidance from Rome Monument, a national c This Quick Guide outlines the legal requirements for home funerals in each US state and the District of Columbia, so that individuals, families, and communities can be better informed to Learn about your state's burial and cremation laws: Ready to create your will? Talk to an Estate Planning attorney. 008] Texas law states that a body of a decedent may not be buried in a manner such that the outside top surface of the container of the body is: (i) Less than two (2) feet For inland water burial, you might be legally required to obtain a permit from the state agency that manages the waterway. But you must obtain a burial permit from the local registrar of the district where the death occurred before burying someone. 232 . 231 . ) Each state has laws affecting what happens to a body after death. Most bodies are buried in established cemeteries, but there are no state laws in Georgia that prohibit burial on private property. ok. 05: land acquired for cemetery purposes. Skip to Main Content In the past, the Louisiana State Board of Embalmers and Funeral Directors attempted to argue that Louisiana state law states that only licensed funeral directors may sell caskets. The funeral director or Laws, 2021, ch. State laws and rules State laws and rules. 38-1416. lod zhb jwspxmq yuoqq zfswi nqbth nuts yozvowi latdlm wmpbpq