Laws by State
Burial Laws by State 2026
Private Property Burial Allowed
Check zoning
Funeral director must be hired to supervise interment
Check zoning; not allowed in Bibb County
Check zoning; outside town limits in Kent and Sussex counties
Depends (check local zoning)
Must be an established cemetery
Must be in established cemetery; may apply for special family plot permit
Must be in established cemetery; may apply for special family plot permit
Must be recorded with county within 30 days; Check for county zoning ordinances
State | Private Property Burial Allowed↓ | Depth Requirement | Distance from Water | Distance from Buildings | Burial-Transit Permit | Legal Methods of Disposition | |
|---|---|---|---|---|---|---|---|
 | Colorado | Must be recorded with county within 30 days; Check for county zoning ordinances | Required | Entombment, burial, cremation, natural reduction, or removal from the state. | |||
 | Louisiana | Must be in established cemetery; may apply for special family plot permit | 24in. from top of body or casket/vault to surface | Required | Interment, burial, cremation, or anatomical donation | ||
 | Arkansas | Must be in established cemetery; may apply for special family plot permit | Required only for out‑of‑state transport | Burial, interment, cremation, removal from Arkansas, or other authorized disposition | |||
 | California | Must be in established cemetery; may apply for special family plot permit | 18in. from top of body or coffin/vault to surface | Required | Burial, cremation, entombment, alkaline hydrolysis, natural organic reduction, donation to medical science, and removal from the state. | ||
 | Indiana | Must be in established cemetery; may apply for special family plot permit | 24in. from top of body or casket/vault to surface | Required | Burial in the earth in an established cemetery, entombment in a mausoleum, placement in a garden crypt, placement in a columbarium, and cremation (with cremated remains deposited in a mausoleum, garden crypt, columbarium, or in/on the earth). | ||
 | Washington | Must be an established cemetery | Required | Burial, cremation, entombment, alkaline hydrolysis, natural organic reduction, donation to science, and removal from the state. | |||
 | Alabama | Depends (check local zoning) | Required | Cremation and disposition in a cemetery | |||
 | Alaska | Depends (check local zoning) | Environmental Health recommends 3.5-4ft | Environmental Health recommends 200 ft | Environmental Health recommends 200 ft | Required | Burial, interment, cremation, or other disposition |
 | Arizona | Depends (check local zoning) | Required | Cremation, burial, entombment, alkaline hydrolysis, and removal from the state | |||
 | Connecticut | Depends (check local zoning) | 30in from top of body or casket/vault to surface | 1/2 mile from reservoir 600ft. | 350ft. from buildings | Required | Burial, removal, cremation |
 | Florida | Depends (check local zoning) | 12in. from top of body or casket/vault to surface | Required | Burial, interment, entombment, cremation, removal from the state, anatomical donation, or other authorized disposition | ||
 | Hawaii | Depends (check local zoning) | Must be sufficient to avoid public health nuisance and animal disturbance | Required | Cremation, burial, entombment, and alkaline hydrolysis. | ||
 | Idaho | Depends (check local zoning) | Required only for out-of-state transport | Burial, entombment, and cremation | |||
 | Illinois | Depends (check local zoning) | 18in. from top of body or casket/vault to surface | Required | Burial, entombment, cremation, and alkaline hydrolysis | ||
 | Iowa | Depends (check local zoning) | 3ft. from surface | Required | Burial, interment, cremation, removal from the state, or other disposition | ||
 | Kansas | Depends (check local zoning) | Required only for out-of-state transport | Cremation, burial, entombment, donation to science, and removal from the state | |||
 | Kentucky | Depends (check local zoning) | 36in. from top of casket | Not required | Burial, interment, cremation, removal from the Commonwealth, or other authorized disposition | ||
 | Maine | Depends (check local zoning) | Not required | Burial, entombment, cremation, natural organic reduction, burial at sea, donation to medical science, and removal from the state | |||
 | Maryland | Depends (check local zoning) | Required | Burial in a family plot or other area allowed by local ordinance, cremation, interment in a cemetery, use of a reduction facility, donation to medical science, or removal to another state for final disposition. | |||
 | Massachusetts | Depends (check local zoning) | Required | Burial, entombment in a mausoleum, vault, or tomb, cremation. | |||
 | Michigan | Depends (check local zoning) | Required | Burial, cremation, interment, or other legal disposition | |||
 | Minnesota | Depends (check local zoning) | Required | Entombment, burial in a cemetery, alkaline hydrolysis, cremation, or, effective July 1, 2025, natural organic reduction of a dead human body. | |||
 | Mississippi | Depends (check local zoning) | 24in. from top of body or casket/vault to surface | 500ft. from medical buildings | Required only for out-of-state transport | Burial, entombment, cremation, donation to medical science, and removal from the state. | |
 | Missouri | Depends (check local zoning) | Not required | Burial, entombment, cremation, delivery to an educational or medical institution for donation, delivery to the state anatomical board or removal from the state | |||
 | Montana | Depends (check local zoning) | 18in. from top of body or casket/vault to surface | Not required | Burial, cremation, entombment, donation to medical science, and removal from the state. | ||
 | Nebraska | Depends (check local zoning) | Required only for out-of-state transport | Burial, cremation, entombment, donation to medical science, and removal from the state. | |||
 | Nevada | Depends (check local zoning) | Required | Burial, entombment, cremation, alkaline hydrolysis, natural organic reduction, donation to medical science, or removal from the state. | |||
 | New Hampshire | Depends (check local zoning) | 50ft. from known water source | 100ft. from buildings 50ft. from highways | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | |
 | New Jersey | Depends (check local zoning) | 4ft. adult from top to surface 3.5ft. child from top to surface | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | ||
 | New Mexico | Depends (check local zoning) | 6ft. minimum bottom depth | 50ft. from known water source | 5ft. from property line | Required only for out‑of‑state transport | Burial, cremation, entombment, burial at sea, delivery to a medical school, or removal from the state. |
 | North Carolina | Depends (check local zoning) | 18in. from top of body or casket/vault to surface | Required | Burial, cremation, entombment, burial at sea, donation to medical science, and removal from the state. | ||
 | North Dakota | Depends (check local zoning) | 3.5ft. from top of body or casket/vault to surface | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | ||
 | Ohio | Depends (check local zoning) | Required | Interment, cremation, removal from the state, donation, or other authorized disposition of a dead body or a fetal death. | |||
 | Oklahoma | Depends (check local zoning) | Required | Burial, cremation, burial at sea, entombment, alkaline hydrolysis, donation to medical science, and removal from the state | |||
 | Oregon | Depends (check local zoning) | Required | Burial, cremation, entombment, alkaline hydrolysis, natural organic reduction, donation to medical science, and removal from the state | |||
 | Pennsylvania | Depends (check local zoning) | 24in. from the hip bone or casket/vault to surface | Cannot have water on property that drains into municipal water source | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | |
 | Rhode Island | Depends (check local zoning) | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | |||
 | South Carolina | Depends (check local zoning) | Nature preserve cemeteries are exempt from burial depth requirements | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | ||
 | South Dakota | Depends (check local zoning) | 150ft. from known water source | Required | Burial, cremation, entombment, donation to medical science, and removal from the state. | ||
 | Tennessee | Depends (check local zoning) | Not required | Burial, cremation, entombment, alkaline hydrolysis, donation to medical science, and removal from the state. | |||
 | Texas | Depends (check local zoning) | 24in. from top of body or casket/vault to surface | Required only for out‑of‑state transport | Burial, cremation, entombment, donation to medical science, and removal from the state. | ||
 | Utah | Depends (check local zoning) | Required only for out‑of‑state transport | Burial, cremation, entombment, alkaline hydrolysis, burial at sea, donation to medical science, and removal from the state. | |||
 | Vermont | Depends (check local zoning) | 3.5ft. adult and infant min. bottom depth | 200ft. from drilled well; other municipal water and flood plain restriction | Required | Burial, cremation, entombment, natural organic reduction, donation to medical science, and removal to another state. | |
 | Virginia | Depends (check local zoning) | Required only for out‑of‑state transport | Burial, cremation, entombment, donation to medical science, and removal from the state. | |||
 | West Virginia | Depends (check local zoning) | Not required | Burial, cremation, entombment, alkaline hydrolysis, donation to medical science, and removal from the state. | |||
 | Wisconsin | Depends (check local zoning) | Not required | Burial, cremation, entombment, donation to scientific research, and removal from the state | |||
 | Wyoming | Depends (check local zoning) | Not required | Burial, cremation, entombment, burial at sea, donation to medical science, and removal from the state. | |||
 | Delaware | Check zoning; outside town limits in Kent and Sussex counties | 18in. from top of body or casket/vault to surface | Required | Burial, entombment, cremation, and natural organic reduction | ||
 | Georgia | Check zoning; not allowed in Bibb County | Recommend 3ft | 25ft. from state waters | 50ft. from property lines | Required only for out‑of‑state transport | Not limited to: earth interment, above-ground interment, cremation, organic human reduction, burial at sea, or delivery to a medical institution for lawful dissection |
 | New York | Check zoning Funeral director must be hired to supervise interment | Required | Burial, cremation, entombment, natural organic reduction, donation to science, and removal from the state. |
- None of the 50 states legally require a casket for burial or cremation.
- In all 50 states, funeral homes must accept caskets that consumers have purchased from another source.
- Embalming is not required in any state except under very specific conditions.
Burial-Transit Permit Requirement A legal authorization required by many states before a body can be transported, buried, cremated, or otherwise disposed of.
Legal Methods of Disposition The legally permitted ways a body may be handled after death, including burial, cremation, natural organic reduction, donation, and other regulated methods.
Private Property Burial Rules State and local zoning laws that govern whether and how a body may be buried on privately owned land.
Where Burial Is Allowed—and What “Private Property” Really Means
Some states allow burial on private property—but it’s rarely as simple as it sounds. In most cases, permission depends on local zoning rules, how the land is classified, and whether the burial site is officially recorded. Counties and cities often add their own limits, especially in residential or urban areas. That’s why, even in states where private property burial is allowed, it’s usually restricted to rural land or long-established family plots.
Why Burial-Transit Permits Are More Common Than People Expect
Despite what the name suggests, burial-transit permits are not just about moving a body across state lines. In many states, a permit is required before a body can be buried or cremated at all. These permits are mostly administrative—they help ensure the death is properly documented and that the disposition follows the law. Some states only require them for interstate transport, while others use them more broadly, which is why the rules vary from place to place.
