HomeAnswersCan you be buried on your own property?
Can you be buried on your own property?
Whether you can be buried on your own property is decided by state law and local rules, and the answer ranges from expressly allowed to effectively barred on ordinary land.
Some states allow it in writing or say they do not prohibit it. Vermont law lets a private individual set aside part of land they own as a burial space for immediate family, provided it does not violate state and town health laws. Virginia law says county ordinance authorization is not required for burying members of a family on private property. Florida's funeral and cemetery regulator says no state law prohibits burying family on your own property, but local ordinances, zoning and deed restrictions should be checked, and a burial-transit permit may be required. Washington created a way to designate a family burial ground on land a person owns, in a 2026 law with an effective date of June 11, 2026.
A few places effectively rule it out on ordinary private land. California makes it a misdemeanor to deposit or dispose of human remains anywhere except a cemetery, except as its statutes authorize. Indiana requires remains to be deposited in an established cemetery, a mausoleum, a garden crypt or a columbarium. Louisiana bars disposal anywhere other than a cemetery or a building dedicated for that purpose, except for cremated remains or as otherwise provided by law. Washington DC allows burial only in grounds used for burial on January 1, 1902, or designated by the Mayor. North Dakota requires a registered cemetery or another place authorized by the state health department.
The sources behind this answer
- Vermont law allows a private individual to set aside part of land they own in fee as a burial space for immediate family, provided the use does not violate state and town health laws and rules. Vermont Statutes, 18 V.S.A. 5319(a)(2)
- Virginia law says authorization by county ordinance is not required for interment of family members on private property. Code of Virginia 57-26(1)
- Florida's Division of Funeral, Cemetery, and Consumer Services says no state law prohibits burying family on your own property, and local ordinances, zoning and deed restrictions should be checked. Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ ('Can I bury my family on my own property?')
- The same Florida FAQ says a licensed funeral director may be required at the burial and a burial-transit permit may also be required. Florida Department of Financial Services, Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ
- Washington law now lets a natural person designate an area of land they own as a family burial ground. Revised Code of Washington 68.74.010
- The Washington session law that created family burial grounds (Substitute House Bill 2239) prints an effective date of June 11, 2026, except for one section that takes effect January 1, 2027. Washington Laws of 2026, ch. 173 (SHB 2239)
- California law makes it a misdemeanor to deposit or dispose of human remains in any place except a cemetery, except as authorized by the sections the statute names. California Health and Safety Code 7054(a)(1)
- Indiana law requires remains of people who die in or are shipped into Indiana to be deposited in an established cemetery, a mausoleum, a garden crypt or a columbarium, within a reasonable time after death. Indiana Code 23-14-54-1
- Louisiana law, except for cremated remains or as otherwise provided by law, bars disposal of human remains in any place other than a cemetery or a building dedicated exclusively for that purpose. Louisiana Revised Statutes 8:652(A)
- District of Columbia law bars burial except in grounds known and used as burial grounds on January 1, 1902, or grounds later designated by the Mayor. D.C. Code 43-121
- North Dakota law allows burial only in a properly registered cemetery or another place requested by relatives and friends if authorized by the state Department of Health and Human Services. North Dakota Century Code 23-06-20
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