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.
Notes:
- 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.
- In every state except Alabama, funeral homes must accept caskets that consumers have built on their own.
- In Idaho and Maine, only licensed funeral directors may sell caskets.
Alabama
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Embalming is required only in order to leave the state. |
| Legally allowed burial locations | Established cemeteries. However, no state laws prohibit home burial (check local zoning rules). |
Alaska
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws exist requiring a body to be embalmed. |
| Legally allowed burial locations | Established cemeteries. However, no state laws prohibit home burial (check local zoning rules). |
Arizona
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 24 hours. |
| Legally allowed burial locations | Established cemeteries. However, no state laws prohibit home burial (check local zoning rules). |
Arkansas
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (family plot possible in rural areas) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed OR refrigerated at or below 45° after 24 hours unless cremating. Neither are required for 48 hours if planning to cremate. Embalming is required in order to leave the state. |
| Legally allowed burial locations | Must be in established cemetery, but it is possible to apply for special family plot permit. |
California
| Requirement | Details |
|---|---|
| Depth Requirement | 18" from top of body or coffin/vault to surface |
| Private Property Burial Allowed | Depends (family plot possible in rural areas) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed OR refrigerated after 24 hours. Embalming is required in order to leave the state. |
| Legally allowed burial locations | Must be in established cemetery, but it is possible to apply for special family plot permit. |
Colorado
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed OR refrigerated after 24 hours. Contagious or communicable diseases must be reported to local or state health officers by person acting as funeral director. |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). |
Connecticut
| Requirement | Details |
|---|---|
| Depth Requirement | 30" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Funeral director must be hired to supervise interment, remove body, and file death certificate. If the person dies of a communicable disease, disposition must be handled by a licensed embalmer. Disposition must occur within a reasonable time. |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). |
Delaware
| Requirement | Details |
|---|---|
| Depth Requirement | 18" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 24 hours. Disposition must occur within 5 days. |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). |
Florida
| Requirement | Details |
|---|---|
| Depth Requirement | 12" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Must be embalmed or refrigerated after 24 hours. |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). |
Georgia
| Requirement | Details |
|---|---|
| Depth Requirement | Depends (check local zoning) |
| Private Property Burial Allowed | Not required |
| Burial-Transit Permit | |
| Body Preparation | No laws exist requiring a body to be embalmed |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial. Check local zoning rules. Bibb County prohibits home burial. |
Hawaii
| Requirement | Details |
|---|---|
| Depth Requirement | Must be sufficient to avoid public health nuisance and animal disturbance |
| Private Property Burial Allowed | No |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 30 hours. |
| Legally allowed burial locations | Must be buried on land approved as a cemetery by the Director of Health. A burial-transit permit must be obtained before burying a body. |
Idaho
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | Must be embalmed or refrigerated after 24 hours. Embalming is also required if a body is to be transported by common carrier, such as an airplane or train. |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). |
Illinois
| Requirement | Details |
|---|---|
| Depth Requirement | 18" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. The funeral director or person with custody of the body must obtain a permit from the registrar of the district where the death occurred before disposing of the body. |
| Legally allowed burial locations | Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). |
Indiana
| Requirement | Details |
|---|---|
| Depth Requirement | 24" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Depends (family plot possible in rural areas) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Must be buried in established cemeteries. It may be possible to apply for special family plot permit in rural areas. |
Iowa
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body can be held without preservation up to 72 hours; then refrigerated at between 38 and 42 degrees for 72 more. Communicable disease must be reported to attending physician. Funeral director must be hired to handle arrangements with crematories; bodies with infectious diseases must be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Kansas
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 24 hours (extensions possible). Check statutes for specific infectious or contagious diseases that must be handled by a licensed FD unless disposition occurs within 24 hours. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Kentucky
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Louisiana
| Requirement | Details |
|---|---|
| Depth Requirement | 24" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Depends (family plot possible in rural areas) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated at below 45° after 30 hours. Funeral director must be hired for "any service whatsoever connected with the management of funerals". |
| Legally allowed burial locations | Must be buried in established cemeteries. It may be possible to apply for special family plot permit in rural areas. |
Maine
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | If a body will be shipped by common carrier, such as an airplane or train, it must either be embalmed or placed in a container designed to prevent the escape of fluids or offensive odors. Diseases must be reported to attending physician to determnine if medical examiner needs to be involved. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Maryland
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Depends (check local zoning) |
| Burial-Transit Permit | Not required |
| Body Preparation | There are no laws or regulations requiring embalming. Contagious diseases must be reported to attending physician. |
| Legally allowed burial locations | Established cemetery, a family burial plot, or other area allowed by a local ordinance. |
Massachusetts
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Michigan
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | If a body is not buried or cremated within 48 hours, embalming may be required for transportation purposes. Funeral director must be hired to file the death certificate and oversee disposition; embalming is required for bodies with rare infectious or communicable diseases. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Minnesota
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 72 hours. Refrigeration limited to 6 days; dry ice use limited to 4 days. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Mississippi
| Requirement | Details |
|---|---|
| Depth Requirement | 24" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 24 hours if destination cannot be reached and burial/cremation does not take place within 48 hours. Contagious disease that endangers public health must be reported to a medical examiner. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Missouri
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Embalming is required for bodies with infectious or communicable diseases if not buried or cremated within 24 hours. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Montana
| Requirement | Details |
|---|---|
| Depth Requirement | 18" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | A body that died of infectious disease must be disposed of as soon as reasonably possible and with minimal handling. Body must be embalmed OR refrigerated if not expected to reach its destination within 48 hours. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Nebraska
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Embalming is required if the death was due to a communicable disease listed by the Center for Disease Control (unless body is encased in a metal or metal lined and hermetically sealed container), if final disposition will not occur within 24 hours (72 hours of refrigeration is allowed), or if the body will be shipped by common carrier, such as an airplane or train. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Nevada
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | Bodies held for cremation must be refrigerated after 24 hours. Report contagious or communicable disease to attending physician to consult state guidelines. |
| Legally allowed burial locations | Before burying a body, the funeral director must obtain a burial permit. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
New Hampshire
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Dead bodies may not be exposed to the public for a period in excess of 24 hours without embalming. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
New Jersey
| Requirement | Details |
|---|---|
| Depth Requirement | Adults 4' from top of body or casket to surface, children 3.5' from top to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Embalming is required if a body won't be buried or cremated within 48 hours, it must be either embalmed or refrigerate. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
New Mexico
| Requirement | Details |
|---|---|
| Depth Requirement | 6' minimum bottom depth |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated at below 40° if not disposed of within 24 hours. Contagious or communicable diseases must ber reported to the Office of Medical Investigation. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
New York
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Before burying a body, the funeral director must obtain a burial permit. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
North Carolina
| Requirement | Details |
|---|---|
| Depth Requirement | 18" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Embalming is not allowed when death is due to specific diseases. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
North Dakota
| Requirement | Details |
|---|---|
| Depth Requirement | 3.5' from top of body or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | Embalmed or refrigerated if it will be transported but cannot reach its final destination within 48 hours. If the body cannot reach its destination within 72 hours, it must be embalmed. |
| Legally allowed burial locations | Before burying a body in North Dakota, you will need to obtain a disposition-transit permit from the state registrar. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Ohio
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Bodies with communicable diseases must be buried or cremated within 24 hours. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Oklahoma
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Enbalming or refrigeration is required if final disposition does not occur within 24 hours. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Oregon
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Dispositions not occurring within 10 days must be reported to the Mortuary Board |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Pennsylvania
| Requirement | Details |
|---|---|
| Depth Requirement | 24" from the hipbone or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | Body must be embalmed, placed in a sealed casket, or refrigerated if final disposition (burial or cremation) does not occur within 24 hours. If refrigeration is chosen, final disposition must occur within five hours of removal from refrigeration. After 36 hours of refrigeration, public viewing is discouraged. |
| Legally allowed burial locations | Permit from the local registrar or State Registrar of Vital Statistics is required in order to bury or otherwise dispose of a body. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Rhode Island
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | Body must be embalmed or refrigerated within 48 hours of death. |
| Legally allowed burial locations | Before burying a body in Rhode Island, the funeral director must prepare a burial-transit permit. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
South Carolina
| Requirement | Details |
|---|---|
| Depth Requirement | 10" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
South Dakota
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | Embalming is required if a body to be embalmed or refrigerated if final disposition does not occur within 24 hours. |
| Legally allowed burial locations | Before burying a body in South Dakota, you will need to obtain a burial permit from the health department or local registrar. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Tennessee
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Texas
| Requirement | Details |
|---|---|
| Depth Requirement | 24" from top of body or casket/vault to surface |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Bodies must be embalmed or refrigerated to 35-40° after 24 hours unless placed in a sealed container. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Utah
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Required |
| Body Preparation | Embalming is required if a body to be embalmed or refrigerated if final disposition does not occur within 24 hours. If a a body will be shipped by common carrier it must be embalmed and placed in a sealed casket or metal container designed for the purpose of shipping a body. |
| Legally allowed burial locations | Hospital must receive a burial transit permit before it can release a body. Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Vermont
| Requirement | Details |
|---|---|
| Depth Requirement | 3.5' adult and infant min. bottom depth |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. In 2015, Vermont passed a law permitting landowners to create "natural burial grounds", a private cemeteries that employ land management practices that are more environmentally sensitive than those used by traditional cemeteries. |
Virginia
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Body must be embalmed or refrigerated after 48 hours. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Washington
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | No |
| Burial-Transit Permit | Not required |
| Body Preparation | A body can be either embalmed or refrigerated until the time of burial or cremation. |
| Legally allowed burial locations | Must be an established cemetery. |
West Virginia
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Wisconsin
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | No laws requiring a body to be embalmed. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
Wyoming
| Requirement | Details |
|---|---|
| Depth Requirement | None |
| Private Property Burial Allowed | Yes (w/ permit) |
| Burial-Transit Permit | Not required |
| Body Preparation | Embalming is required for bodies with specific communicable diseases. |
| Legally allowed burial locations | Most bodies are buried in established cemeteries, but burial on private property is possible with a permit. |
