After a death
Burial laws by state
Most US states allow burial on private property or in a family cemetery, but the rules are layered: state law sets the baseline for custody of the body, permits, and who may act as the funeral director, while local zoning, setbacks, groundwater protections, and HOA rules often decide what's actually possible. A handful of states effectively require burial in an established cemetery. Always confirm with the county health department and the local registrar before planning a home or family burial.
Choose your state
Source-checked per state. More states are added as they're verified.
- CaliforniaCalifornia prohibits whole-body burial outside a cemetery — disposing of human remains anywhere else is a misdemeanor under Health & Safety Code §7054. The only path to burial on private land is having the property licensed as a cemetery.
- FloridaFlorida permits family cemeteries: burial grounds under 2 acres that don't sell plots or merchandise are exempt from state cemetery licensing (Florida Statutes §497.260), with local zoning and deed restrictions governing where a grave can go.
- New YorkNew York has no statewide ban on burial on private property — the state's own cemetery regulator confirms it — but local regulations frequently apply, and the state sanitary code sets required distances from water sources.
- TexasHome and family-cemetery burial is legal in Texas. Family cemeteries of 10 acres or less are exempt from the state's cemetery-corporation rules (Health & Safety Code §711.021), though distance limits near larger cities and local zoning still apply.
Common questions
- Is home burial legal in the US?
- In most states, yes — burial on private property or in a family cemetery is possible, subject to state permits and local zoning, setback, and groundwater rules. A handful of states effectively require burial in an established cemetery.
- Do you always need a permit to bury someone?
- Nearly every US jurisdiction requires the death to be registered and a burial or burial-transit permit issued before burial, wherever it takes place.
- Who decides whether a home burial is allowed?
- State law sets the baseline, but local zoning, health rules, and sometimes HOA covenants usually have the final say. Confirm with the county health department and local registrar before planning one.
General guidance, not legal advice. Local zoning and health rules usually have the final say on what's allowed. See also burial cost & options and the green burial guide.