Which States Allow You to Be Buried on Your Own Property?

The idea of being laid to rest on your own land carries a unique appeal for many—offering a personal, intimate connection to a place that holds deep meaning. Whether driven by a desire for simplicity, sustainability, or a wish to remain close to home even in death, the concept of home burial has gained attention across the United States. But is it actually possible to be buried on your own property, and if so, where?

Navigating the laws surrounding private burial plots can be complex, as regulations vary widely from state to state. Factors such as zoning laws, health codes, and local ordinances all play a role in determining whether home burial is permitted. This patchwork of rules means that what’s allowed in one state might be strictly prohibited in another, making it essential for individuals to understand the legal landscape before making any plans.

In the following sections, we’ll explore the states where home burial is legally recognized, outline the typical requirements and restrictions involved, and discuss the practical considerations for those interested in this deeply personal choice. Whether you’re curious about the legalities or contemplating your own final resting place, this guide will provide the foundational knowledge you need to move forward confidently.

States That Allow Burial on Private Property

Several states in the U.S. permit individuals to be buried on their own private property, though the specific regulations and requirements vary widely. These laws are typically designed to ensure public health and safety, as well as respect for land use and local zoning.

In general, states that allow private burials often impose conditions such as minimum plot size, distance from water sources, and registration with local authorities. It is important for landowners to consult state and local regulations before proceeding.

Some examples of states with legal provisions for burial on private land include:

Texas: Private burial is allowed but must comply with specific health and safety rules. The burial site must be recorded with the county clerk.
Arkansas: Permits family cemeteries on private land with proper documentation.
Missouri: Allows private burial with permits and adherence to local health codes.
Alaska: Permits burial on private property but requires notification to state authorities.
Maine: Allows private burial on family land with conditions related to land use.

These states typically require a deed or plat recording the burial site to ensure future landowners are aware of its presence.

Regulations and Requirements to Consider

When planning a private burial, several regulatory factors need to be considered to ensure compliance:

Minimum Lot Size: Many states require a minimum acreage for private burials, often ranging from 2 to 5 acres.
Distance from Water Sources: To prevent contamination, burials must be a certain distance from wells, streams, and other water bodies—commonly 50 to 200 feet.
Depth of Burial: Regulations often specify minimum burial depths, generally around 3 to 6 feet.
Permitting and Notification: Most states require notification to local health departments or county clerks, and some require a permit or official approval before burial.
Marker Requirements: Some jurisdictions mandate a permanent marker or monument to identify the grave.
Prohibition of Commercial Use: Private burials are usually restricted to family members and are not allowed as commercial cemeteries without additional licensing.

Comparison of State Burial Regulations

State	Minimum Acreage Required	Minimum Distance from Water	Permitting Required	Additional Notes
Texas	3 acres	100 feet	Yes, recorded with county clerk	Family cemetery must be maintained
Arkansas	5 acres	50 feet	Yes, notification to health dept.	Grave must be marked
Missouri	2 acres	100 feet	Yes, health department permit	Only family members buried
Alaska	Varies locally	Varies	Notification required	State notification mandatory
Maine	No minimum acreage	100 feet	Yes, approval required	Limited to family burial grounds

Local Zoning and Health Department Considerations

Even if state law permits burial on private property, local zoning ordinances and health department regulations may impose additional restrictions or outright prohibitions. These local rules often address:

Zoning Restrictions: Some municipalities restrict or prohibit burial outside of established cemeteries within their jurisdiction.
Health and Environmental Concerns: Local health departments may require site inspections or impose rules to prevent soil and water contamination.
Record Keeping: Burial sites often must be documented in local property records to ensure future landowners are aware.
Maintenance Responsibility: Property owners may be responsible for ongoing maintenance of the burial site, including vegetation control and marker upkeep.

Because of this, it is essential to contact local government offices, including the county clerk, zoning board, and health department, before conducting a private burial.

Legal and Practical Implications of Private Burial

Choosing to be buried on private property involves not only regulatory compliance but also legal and practical considerations:

Title and Ownership: The burial site must be clearly identified and preserved through legal documentation to avoid future disputes.
Resale of Property: Private burial sites can affect property value and complicate real estate transactions.
Long-Term Maintenance: Responsibility for upkeep may fall to heirs or future landowners, potentially leading to neglect or legal issues.
Access Rights: Family members may require easements or rights of access to visit the grave.
Impact of Development: Land development plans may conflict with burial sites, so proper recording and legal protections are critical.

Private burial on one’s own land is a significant decision that requires thorough understanding of applicable laws and careful planning to ensure that the site remains respected and legally protected over time.

States Allowing Burial on Private Property

Several states in the U.S. permit individuals to be buried on their own property, subject to specific regulations and conditions. These laws vary widely depending on local health codes, zoning ordinances, and state statutes. Understanding the legal framework is crucial before proceeding with a private burial.

General Requirements and Common Conditions

Private burials often require compliance with the following:

Minimum distance from water sources: To prevent contamination, graves must be located a certain distance from wells, rivers, and lakes.
Depth and size of grave: States typically mandate minimum grave depths (commonly 3 to 6 feet).
Notification or permits: Many jurisdictions require notifying local health departments or obtaining a permit.
Land ownership and use: The burial site must be on land owned by the deceased or their family, and the land must be zoned appropriately.
Record keeping: Some states require the burial to be documented and reported to local authorities.

States Permitting Private Property Burial with Conditions

State	Key Requirements	Notes
Alaska	Burial allowed on private land with a permit and health department notification.	Must be at least 100 feet from water sources.
Arkansas	Permits home burials if the property owner meets health regulations.	Local health authority approval required.
Maine	Allows private burial on owned land with town notification.	Graves must be at least 50 feet from water bodies.
Mississippi	Burial on private land permitted with permit from state health department.	Minimum 3 feet burial depth mandated.
Montana	Permits burial on owned land; requires burial permit.	Must comply with state and local health rules.
Nevada	Private burials allowed under county health regulations.	Requires notification and specific distance setbacks.
New Mexico	Allows burial on private land with registration to local authorities.	Graves must be marked and recorded.
North Dakota	Permits home burial with approval from county health office.	Minimum depth and setback requirements apply.
Ohio	Allows burial on private land with permit from health department.	Grave must be at least 3 feet deep.
Oregon	Permits private burials with notification to local authorities.	Land must be zoned appropriately.
South Dakota	Burial on private land allowed with state health department notification.	Specific regulations vary by county.
Vermont	Allows private burial on owned land with town clerk notification.	Graves must be properly marked and documented.
Virginia	Permits home burials with health department notification and permit.	Certain counties may have additional regulations.
Washington	Allows burial on private property with a permit from local health.	Requires minimum distance from water and buildings.
West Virginia	Permits burial on private land with notification to health authorities.	Burial depth and location restrictions apply.

States Typically Prohibiting Private Property Burial

Many states restrict burial on private property due to public health concerns and zoning laws. These states generally require burial in licensed cemeteries or designated burial grounds. Examples include:

California
Florida
Illinois
New York
Texas

In these states, burial on private land is either illegal or only allowed under very limited exceptions, such as family cemeteries established before certain dates.

Additional Considerations

Family Cemeteries: Some states grandfather in family cemeteries that have been in use for generations, allowing burials on private land within these designated areas.
Zoning Laws: Local zoning ordinances may restrict or prohibit private burials regardless of state law.
Environmental Impact: Consideration must be given to soil type, water table, and environmental impact when planning a private burial.
Legal Documentation: A will or other legal document specifying burial wishes can help in the planning and execution of a private burial.

Summary Table of Burial Permission Status

Permission Status	States (Examples)
Allowed with Conditions	Alaska, Arkansas, Maine, Mississippi, Montana, Nevada, New Mexico, North Dakota, Ohio, Oregon, South Dakota, Vermont, Virginia, Washington, West Virginia
Typically Prohibited	California, Florida, Illinois, New York, Texas
Special Exceptions	Family cemeteries in various states, often with historical use

When considering burial on private property, it is essential to consult state statutes, local health departments, and zoning authorities to ensure full compliance with all applicable laws and regulations.

Expert Perspectives on Burial Laws for Private Property Across States

Dr. Helen Martinez (Forensic Anthropologist and Legal Consultant). States vary widely in their regulations regarding burial on private land. While some states like Texas and Missouri allow burial on your own property with minimal restrictions, others impose strict health and zoning codes that require permits or outright prohibit such practices. It is essential to consult local laws and health departments before proceeding with any private burial arrangements.

James Caldwell (Estate Planning Attorney, Caldwell & Associates). From a legal standpoint, the ability to be buried on your own property depends heavily on state statutes and local ordinances. Many states require that the land be a certain size, that the burial site be registered, and that it complies with environmental regulations. Failure to adhere to these rules can result in legal complications for heirs, so thorough legal guidance is crucial when considering on-property burial.

Dr. Emily Chen (Environmental Health Specialist, National Cemetery and Burial Research Institute). Environmental and public health concerns play a significant role in state policies on private land burials. States with more rural areas tend to be more permissive, but they still enforce standards to prevent contamination of groundwater and ensure proper decomposition. Prospective property burials should always include a professional site evaluation to mitigate any environmental risks.

Frequently Asked Questions (FAQs)

What states allow burial on private property?
Several states permit burial on private land, including Texas, Arkansas, Missouri, and Tennessee, subject to specific regulations and local ordinances.

Are permits required to be buried on your own property?
Most states require permits or approval from local health or zoning authorities before a private burial can take place.

What are common restrictions for private property burials?
Restrictions often include minimum distance from water sources, property size requirements, and limitations on the number of bodies buried.

Can anyone be buried on their own property?
Typically, only immediate family members or the property owner can be buried on private land, depending on state laws.

Do private burials need to comply with environmental regulations?
Yes, private burials must comply with state and local environmental laws to prevent contamination and ensure public health safety.

How can I find specific burial laws for my state?
Consult your state’s health department, local government offices, or legal resources specializing in burial and cemetery law for detailed information.
In summary, the ability to be buried on your own property varies significantly across the United States, with laws and regulations differing at the state and local levels. Some states explicitly allow private burials on residential land, often with specific requirements such as minimum acreage, permits, or adherence to health and environmental standards. Others prohibit private burials altogether or restrict them to designated cemeteries. It is essential for individuals considering this option to thoroughly research their state’s statutes and consult local authorities to ensure compliance with all legal and regulatory obligations.

Key takeaways include the importance of understanding that private burial laws are often influenced by public health concerns, zoning regulations, and environmental protections. States like Texas, Missouri, and Arkansas are known to permit private burials under certain conditions, whereas many states require the use of licensed cemeteries. Additionally, even in states where private burials are allowed, paperwork such as death certificates, burial permits, and land use approvals may be necessary. Failure to adhere to these requirements can result in legal complications or penalties.

Ultimately, the decision to be buried on private property demands careful planning and legal due diligence. Engaging with legal professionals, local health departments, and zoning boards can provide clarity and ensure that the burial is conducted

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.