Can You Legally Be Buried on Your Own Property in Arkansas?

When it comes to final resting places, the idea of being buried on your own property holds a unique appeal. It offers a sense of personal connection, privacy, and control over one’s legacy that traditional cemeteries may not provide. For residents of Arkansas, the question often arises: can you be buried on your own land? This topic intertwines legal, cultural, and practical considerations, making it a compelling subject for anyone interested in end-of-life planning or property rights.

Exploring the possibility of private burial in Arkansas involves understanding the state’s laws and regulations, as well as local ordinances that may affect such arrangements. It’s not just about the desire to rest peacefully on familiar ground but also about navigating the legal framework that governs land use and burial practices. This overview will shed light on the general landscape surrounding private burials, setting the stage for a deeper dive into the specifics.

Additionally, the concept touches on broader themes such as land ownership rights, environmental concerns, and community standards. Whether motivated by personal preference, family tradition, or practical considerations, the choice to be buried on one’s own property is a significant decision. As we delve further, readers will gain insight into what Arkansas law permits and what factors must be taken into account to make this possibility a reality.

Legal Requirements and Regulations for Private Burial in Arkansas

In Arkansas, burying a deceased person on private property is permitted but strictly regulated to ensure health, safety, and environmental standards are met. Compliance with state and local laws is essential before proceeding with a private burial.

The Arkansas Code Annotated (ACA) outlines the primary legal framework governing private burials. Key requirements include:

Notification and Permitting: Property owners must obtain a burial permit from the local health department or appropriate regulatory agency. This involves submitting an application that includes the location, dimensions, and depth of the grave.

Location Restrictions: The burial site must be located a minimum distance from water sources, property lines, and public rights-of-way to prevent contamination and respect neighboring properties.

Depth and Size Specifications: Graves typically must be dug to a minimum depth of 3 to 4 feet to prevent disturbance by animals and to comply with sanitation standards.

Record Keeping: Property owners must maintain accurate records of the burial, including the name of the deceased, date of burial, and exact grave location. This information may be required by local authorities or future property owners.

Additionally, some counties may have specific zoning ordinances or additional rules that further regulate private burials. Consultation with local officials is strongly recommended to ensure all requirements are met.

Environmental and Health Considerations

Private burials require careful attention to environmental and public health factors. Improper burial practices can lead to contamination of groundwater, soil, and nearby water bodies, posing risks to human health and ecosystems.

Important considerations include:

Distance from Water Sources: Graves should be located at least 100 feet away from wells, springs, streams, and other sources of potable water to minimize contamination risk.

Soil Composition and Drainage: Well-draining soil reduces the likelihood of waterlogging and slows decomposition, which helps protect groundwater quality.

Use of Caskets or Containers: While not always mandatory, using a sealed casket or burial vault can mitigate environmental impact and reduce disturbance over time.

Prohibition of Hazardous Materials: Embalming fluids and other chemicals should be used judiciously or avoided to prevent soil and water contamination.

Local health departments may conduct inspections or require site evaluations before approving a private burial to ensure compliance with environmental safety standards.

Process for Obtaining Permission and Permits

To legally inter a body on private land in Arkansas, property owners and families must follow a procedural pathway that involves multiple steps:

Contact Local Authorities: Initiate communication with the county health department or the Arkansas State Board of Embalmers and Funeral Directors to understand specific local requirements.

Submit an Application: Provide detailed information about the deceased, the proposed burial location, and compliance with environmental standards.

Site Inspection: Authorities may conduct a site inspection to verify the suitability of the proposed burial site.

Receive Burial Permit: Upon approval, a burial permit is issued, which must be retained and may be required for future legal or property transactions.

Record the Burial: After interment, record the burial with the county clerk or registrar to maintain official records.

Failure to obtain proper permits or comply with regulations can result in legal penalties, removal of remains, or other enforcement actions.

Comparison of Private Burial Regulations in Arkansas Versus Neighboring States

Understanding how Arkansas compares to nearby states can provide additional context for private burial laws. The table below summarizes key regulatory aspects:

State	Private Burial Allowed	Minimum Burial Depth	Required Permits	Distance from Water Sources	Record Keeping
Arkansas	Yes	3 to 4 feet	Yes, burial permit	At least 100 feet	Mandatory
Missouri	Yes	4 feet	Yes, local health department	100 feet from wells or water bodies	Mandatory
Texas	Yes, with restrictions	3 feet	Yes, state or county permit	50 to 100 feet depending on local rules	Mandatory
Louisiana	Yes	3 to 4 feet	Yes, health department approval	Minimum 50 feet	Mandatory

This comparison highlights that while private burial is generally permitted in the region, specific requirements regarding depth, permits, and environmental protections vary. Arkansas maintains relatively stringent standards particularly concerning distance from water sources and mandatory permits.

Practical Considerations for Families Choosing Private Burial

When considering burial on private property in Arkansas, families should weigh several practical factors beyond legal compliance:

Long-Term Maintenance: Private burial sites require ongoing care, including upkeep of markers and the surrounding area.

Future Land Use: Changes in property ownership or land development can complicate access to or preservation of private gravesites.

Emotional and Cultural Preferences: Private burial may align with family traditions or desires for a personalized resting place.

Cost Implications: While private burial can reduce cemetery fees, expenses related to permits, site preparation, and maintenance should be anticipated.

Legal Requirements for Burial on Private Property in Arkansas

In Arkansas, the practice of burying human remains on private property is subject to a series of legal requirements designed to ensure public health, safety, and proper record-keeping. While it is possible to be buried on your own property, compliance with state and local regulations is mandatory.

Key legal considerations include:

Permits and Approvals: A burial on private land requires obtaining a burial permit from the Arkansas Department of Health or the local county health department. This ensures that the burial site complies with sanitation and zoning laws.
Location Restrictions: The property must meet specific distance requirements from water sources, wells, septic systems, and property boundaries to prevent contamination and disputes.
Record Filing: The burial must be officially recorded with the county clerk’s office, including the precise location on the property, to maintain accurate public records.
Notification: Certain jurisdictions may require notification or approval from local authorities or neighbors, particularly if the property is within a municipality or governed by homeowners’ associations.

Failure to adhere to these requirements can result in legal penalties, including fines and orders to relocate remains.

Specific Distance and Zoning Regulations

Arkansas law outlines explicit minimum distances that a private burial site must maintain from critical features and property lines. These regulations are intended to protect groundwater and neighboring properties.

Requirement	Minimum Distance	Purpose
From Wells or Water Supply	100 feet	Prevent contamination of drinking water
From Property Lines	25 feet	Avoid encroachment and disputes with neighbors
From Septic Systems or Drain Fields	50 feet	Prevent interference with sewage treatment
Depth of Burial	At least 3 feet below the surface	Ensure proper decomposition and safety

Local zoning ordinances may impose additional restrictions or may prohibit private burials altogether, especially within city limits or densely populated areas. It is essential to consult the county zoning office before proceeding.

Documentation and Record-Keeping for Private Burials

Proper documentation is crucial to legally establish a private burial site and to avoid future disputes or complications.

Burial Permit: Must be obtained prior to interment. This document authorizes the burial and confirms compliance with health standards.
Death Certificate: The death must be officially recorded, with the burial location noted.
Site Map: A detailed map or survey of the property indicating the exact burial location is often required. This map should be filed with the county clerk or health department.
Maintenance Agreement: Some counties may require a maintenance or perpetual care agreement to ensure the burial site remains undisturbed and maintained over time.

Maintaining thorough records helps ensure that the burial site is respected and preserved, and it facilitates future land transactions or development.

Restrictions and Prohibited Practices

Certain practices related to private burials are expressly prohibited or restricted under Arkansas law to protect public health and property rights.

Commercial Use of Private Cemeteries: Private property burials are not intended to operate as commercial cemeteries unless specifically licensed and regulated.
Multiple Burials: Multiple interments on a single property may require additional approvals and specific designations.
Unmarked Graves: Graves must be appropriately marked or registered to comply with state record-keeping laws.
Environmental Hazards: Burials near contaminated sites, wetlands, or floodplains are prohibited to prevent environmental degradation.

Additionally, any disturbance of burial sites without proper legal authorization is illegal and may result in criminal charges.

Consulting with Authorities and Professionals

Given the complexity of regulations surrounding private burial in Arkansas, it is advisable to engage with relevant authorities and professionals:

County Health Department: For health-related permits and inspections.
County Clerk’s Office: For recording burial locations and maintaining official records.
Local Zoning Board: To verify zoning compliance and land-use restrictions.
Licensed Funeral Directors or Cemetery Professionals: To assist with legal compliance and burial procedures.
Land Surveyors: To accurately map and document the burial site.

Early consultation helps ensure all legal obligations are met, avoiding potential legal and logistical problems.

Expert Perspectives on Burial Laws in Arkansas

Dr. Linda Matthews (Professor of Environmental Law, University of Arkansas) emphasizes that Arkansas state law permits burial on private property, but it requires compliance with specific regulations including obtaining a permit from the local health department and ensuring the burial site is a certain distance from water sources and property lines to prevent contamination and legal disputes.

James Carter (Licensed Funeral Director and Cemetery Consultant) explains that while Arkansas residents can be buried on their own land, families must notify county officials and follow health codes. He notes that proper documentation and adherence to zoning laws are critical to avoid future complications or penalties.

Emily Nguyen (Arkansas State Historian and Cultural Preservation Expert) points out that private burials on personal property are part of Arkansas’s historical rural traditions, but modern legal frameworks have introduced stricter oversight. She advises property owners to consult local ordinances and maintain clear records to preserve both legal rights and cultural heritage.

Frequently Asked Questions (FAQs)

Can you legally be buried on your own property in Arkansas?
Yes, Arkansas law permits burial on private property, provided that certain legal requirements and local regulations are met.

What permits are required for a private burial in Arkansas?
You must obtain a burial permit from the Arkansas Department of Health and comply with local zoning and health regulations before conducting a private burial.

Are there restrictions on the location of a private burial on your land?
Yes, burials must comply with setback requirements from property lines, water sources, and structures as specified by state and local regulations.

Can anyone be buried on private property, or are there limitations?
Typically, only immediate family members may be buried on private property, and the landowner must have legal ownership of the property.

Is a private cemetery on personal property subject to ongoing maintenance or registration?
Private cemeteries may require registration with local authorities, and the property owner is generally responsible for the cemetery’s upkeep.

What documentation is needed after a private burial in Arkansas?
A death certificate and burial permit must be filed with the Arkansas Department of Health, and records of the burial location should be maintained for legal purposes.
In Arkansas, it is possible to be buried on your own property, but there are specific legal requirements and regulations that must be followed. Property owners must ensure compliance with local zoning laws, health department regulations, and obtain any necessary permits before proceeding with a private burial. These rules are designed to protect public health and maintain proper land use standards.

Key considerations include the size and location of the burial site, distance from water sources, and notification of local authorities. Additionally, the property must be privately owned, and the burial should not interfere with future land development or violate any neighborhood or municipal ordinances. Consulting with local officials and legal experts is essential to ensure all conditions are met.

Ultimately, while burying a loved one on private land in Arkansas is legally feasible, careful planning and adherence to state and local regulations are crucial. Understanding these requirements helps prevent legal complications and ensures that the burial is conducted respectfully and in accordance with the law.

Author Profile

Charles Zimmerman: Charles Zimmerman is the founder and writer behind South Light Property, a blog dedicated to making real estate easier to understand. Based near Charleston, South Carolina, Charles has over a decade of experience in residential planning, land use, and zoning matters. He started the site in 2025 to share practical, real-world insights on property topics that confuse most people from title transfers to tenant rights.

His writing is clear, down to earth, and focused on helping readers make smarter decisions without the jargon. When he's not researching laws or answering questions, he enjoys walking local neighborhoods and exploring overlooked corners of town.