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Funeral and burial laws in North Dakota

What North Dakota law actually requires when someone dies, and what it does not. Most of what families are told is required is funeral home policy rather than law, and the difference is worth thousands of dollars. Each rule below names the statute or regulation it comes from, and where we could not verify a point we say so instead of guessing.

Is embalming required in North Dakota?

Not required in most cases, but ND is stricter than most states. N.D. Admin. Code 33-06-15-01, a final disposition-transit permit may be issued for a body without embalming or refrigeration only if it reaches its destination (defined as burial, cremation or final disposition) within 48 hours of death; a body refrigerated at 38 to 40 degrees F may go unembalmed if it reaches its destination within 72 hours of death; otherwise the body must be embalmed. Bodies dead of anthrax, cholera, meningococcal meningitis, plague, smallpox or tuberculosis must be embalmed by arterial and cavity injection by a licensed funeral practitioner and the casket permanently closed before transport. Refrigeration is therefore an accepted alternative only up to 72 hours from death.

How long can you wait before burial or cremation in North Dakota?

Final disposition within 8 days after death by the person charged with that duty (N.D.C.C. 23-06-04), with exceptions for dissection, transit through or out of state, a health-officer or DHHS permit for more time, or an approved storage vault (vault storage limited to 8 days June through October without a permit); violation is a class B misdemeanor (23-06-05). Separately, 48 hours unembalmed/unrefrigerated or 72 hours refrigerated before embalming becomes mandatory (N.D.A.C. 33-06-15-01).

Can you bury someone on private land in North Dakota?

Restricted by statute, 'No dead human body may be buried in this state except in a properly registered cemetery or in some other place requested by the relatives and friends of the deceased if the same is authorized by the department of health and human services and all rules and regulations promulgated by the department in that connection have been complied with' (N.D.C.C. 23-06-20). Anyone maintaining a place of burial must plat it, file the plat with the county recorder, register the burial place and sexton with the department, and keep a burial register (N.D.C.C. 23-06-21). So a family plot needs DHHS authorization plus a recorded plat; local zoning also applies. No statutory distance-from-water or setback rule located (FCA suggests 150 ft from water and 25 ft from lines as practice; the casket top 3.5 ft below grade without a vault is FCA's report, unverified).

Even where state law allows it, the county or town usually has the last word through zoning, and a burial on private land should be recorded against the deed so a future buyer knows. A family burial ground can also complicate a later sale.

Can the family handle it without a funeral director?

Yes, with paperwork. The statutes refer to 'the funeral practitioner, or individual acting as funeral practitioner' securing the final disposition-transit permit and delivering it to the sexton or crematory (N.D.C.C. 23-06-09, 23-06-11), and N.D.C.C. 43-10-10.1(3) states the funeral licensing chapter 'does not prevent the transportation of a dead human body in accordance with other applicable state and federal laws'. The facts-of-death filing is assigned to 'the funeral director' in the electronic system (23-02.1-19(2)); FCA reports Vital Records supplies a paper worksheet for family-directed funerals. A common carrier may not accept a body without the permit attached (23-06-09, 23-06-12). Bodies dead of the listed communicable diseases may be prepared only by a licensed practitioner (N.D.A.C. 33-06-15-01).

Death certificate and permits in North Dakota

Filing the death certificate

The funeral director obtains the facts of death and files them in the electronic death registration system within 3 days after assuming custody; medical certification is filed within 10 days after death (N.D.C.C. 23-02.1-19).

Burial or transit permit

Yes. A 'final disposition-transit permit' issued by the state registrar or a subregistrar is required before a body may be interred, entombed, cremated, donated or removed from the state (N.D.C.C. 23-06-07, 23-02.1-21); it is secured and delivered by the funeral practitioner or individual acting as funeral practitioner (23-06-09), endorsed by the sexton or crematory, and filed with the county recorder within 10 days of interment (23-06-10). Burying without it is unlawful (23-06-11).

Cremation waiting period in North Dakota

No minimum waiting period located in N.D.C.C. Ch. 23-06 or N.D. Admin. Code ch. 25-05-01 (crematoriums). Requirements, the final disposition-transit permit (23-06-07) and a cremation authorization signed by the legal representative(s) of the deceased that includes final-disposition instructions (N.D.A.C. 25-05-01-08). An adult may pre-authorize his or her own cremation in a signed statement or will (N.D.C.C. 23-06-31); otherwise the duty and right of disposition follows N.D.C.C. 23-06-03 (designee, spouse, adult children, parents, siblings, then others). The coroner holds custody when an inquest is required (23-06-02).

Caskets and vaults

No casket or vault required by statute for burial. Cremated remains must be placed in a rigid sealed container marked with identifying information (N.D.A.C. 25-05-01-07). A permanently closed casket is required only for transport of bodies dead of the listed communicable diseases (N.D.A.C. 33-06-15-01).

Scattering ashes in North Dakota

No North Dakota statute or rule located that restricts scattering cremated remains on private land, public land or state waters; N.D.A.C. 25-05-01-08 only requires the authorization form to state the intended final disposition. Federal EPA rule (3 nautical miles) applies at sea.

At sea, federal rules apply everywhere. The EPA allows scattering at least three nautical miles from shore and asks for a report within 30 days. Inland waters follow the state.

Your rights under the FTC Funeral Rule, in every state

Whatever North Dakota adds, federal law requires any funeral home to give you an itemised price list before you agree to anything, to quote prices over the phone if you ask, to let you buy only the items you want rather than a package, and to accept a casket or urn bought elsewhere without a handling fee. It also forbids claiming that embalming, a casket for cremation, or a vault is required by law when it is not.

What a funeral costs in North Dakota

The rules above decide what you must do. The North Dakota cost page shows what it costs, line by line, with the cemetery charges most estimates leave out. Burial insurance is written to cover exactly that figure, and for most people over 50 it asks health questions rather than requiring an exam.

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Common questions

Is embalming required in North Dakota?

Not required in most cases, but ND is stricter than most states. N.D. Admin. Code 33-06-15-01, a final disposition-transit permit may be issued for a body without embalming or refrigeration only if it reaches its destination (defined as burial, cremation or final disposition) within 48 hours of death; a body refrigerated at 38 to 40 degrees F may go unembalmed if it reaches its destination within 72 hours of death; otherwise the body must be embalmed. Bodies dead of anthrax, cholera, meningococcal meningitis, plague, smallpox or tuberculosis must be embalmed by arterial and cavity injection by a licensed funeral practitioner and the casket permanently closed before transport. Refrigeration is therefore an accepted alternative only up to 72 hours from death.

Can you bury someone on your own property in North Dakota?

Restricted by statute, 'No dead human body may be buried in this state except in a properly registered cemetery or in some other place requested by the relatives and friends of the deceased if the same is authorized by the department of health and human services and all rules and regulations promulgated by the department in that connection have been complied with' (N.D.C.C. 23-06-20). Anyone maintaining a place of burial must plat it, file the plat with the county recorder, register the burial place and sexton with the department, and keep a burial register (N.D.C.C. 23-06-21). So a family plot needs DHHS authorization plus a recorded plat; local zoning also applies. No statutory distance-from-water or setback rule located (FCA suggests 150 ft from water and 25 ft from lines as practice; the casket top 3.5 ft below grade without a vault is FCA's report, unverified).

Do you need a funeral director in North Dakota?

Yes, with paperwork. The statutes refer to 'the funeral practitioner, or individual acting as funeral practitioner' securing the final disposition-transit permit and delivering it to the sexton or crematory (N.D.C.C. 23-06-09, 23-06-11), and N.D.C.C. 43-10-10.1(3) states the funeral licensing chapter 'does not prevent the transportation of a dead human body in accordance with other applicable state and federal laws'. The facts-of-death filing is assigned to 'the funeral director' in the electronic system (23-02.1-19(2)); FCA reports Vital Records supplies a paper worksheet for family-directed funerals. A common carrier may not accept a body without the permit attached (23-06-09, 23-06-12). Bodies dead of the listed communicable diseases may be prepared only by a licensed practitioner (N.D.A.C. 33-06-15-01).

How long do you have to wait for a cremation in North Dakota?

No minimum waiting period located in N.D.C.C. Ch. 23-06 or N.D. Admin. Code ch. 25-05-01 (crematoriums). Requirements, the final disposition-transit permit (23-06-07) and a cremation authorization signed by the legal representative(s) of the deceased that includes final-disposition instructions (N.D.A.C. 25-05-01-08). An adult may pre-authorize his or her own cremation in a signed statement or will (N.D.C.C. 23-06-31); otherwise the duty and right of disposition follows N.D.C.C. 23-06-03 (designee, spouse, adult children, parents, siblings, then others). The coroner holds custody when an inquest is required (23-06-02).

Does North Dakota law require a casket or a vault?

No casket or vault required by statute for burial. Cremated remains must be placed in a rigid sealed container marked with identifying information (N.D.A.C. 25-05-01-07). A permanently closed casket is required only for transport of bodies dead of the listed communicable diseases (N.D.A.C. 33-06-15-01).

Sources cited

  1. Official source, ndlegis.gov
  2. Official source, law.cornell.edu
  3. Official source, ndlegis.gov
  4. Official source, law.cornell.edu

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