BrainStuff Classics: Could You Legally Bury Someone in Your Backyard?

Hi brain Stuff, Lauren Vogel Bomb Here. A century ago, when most Americans lived on farms or family land passed through the generations, it made perfect sense to bury loved ones close to home. But if you bring up the subject of a backyard burial today, get ready for some strange looks. With the rising popularity of natural burials in both conventional and eco friendly or green cemeteries, it's fair to ask what's stopping us from bringing the burial process

back home. We were morbidly curious about what it would take, so we reached out to d Webster, president of the National Home Funeral Alliance, to learn about the legal and practical considerations you should take when planning a home burial. Home burials are completely legal, or at least not explicitly forbidden, in every state except California, Indiana, Washington, and the District of Columbia. In DC, it's a space issue, as in there is no space. In California, it's a different kind

of real estate problem. The concern is that future landowners could subdivide parcels and accidentally dig up undisclosed graves. According to California law, anyone who deposits or disposes of any human remains in any place except a cemetery is guilty of a misdemeanor and could face jail time or a fine up to ten thousand dollars. Even if your state allows home burials, it would be wise to check with

your local zoning board or planning commission before digging. In some states and individual counties have rules about the minimum distance the burial plot needs to be from resources like bodies of water, electrical lines, other buildings, and roads. Those distances are known as setbacks. In New Hampshire, for example, plots need to be at least fifty feet that's fifteen meters away from a known water source and twice that

far from any buildings. One result of these zoning laws is that it's all but impossible to bury someone in a suburban backyard. There simply isn't enough space on most properties to manage the setback restrictions, even if you wouldn't freak out the neighbors, which brings up an important consideration property value. As our funeral expert Webster said, having dead bodies on your property isn't exactly a boon where real

estate is concerned. If you choose to bury a loved one on your land, you should think of the land as a multi generational investment, because many folks simply won't want a piece of property with that kind of history. But if you own a large enough piece of land away from roads and nosy neighbors, and if you don't plan on moving anytime soon, you're free to pick out

a burial plot. A few tips, choose a location far from any streams or rivers because they can erode and meander over time, which would put the loved one's remain at risk. Pick a high point on the property that's far from the water table, and if possible, choose the location as part of a long term land conservation plan to preserve the space for future generations. Once you pick a location, you will be required to create a special easement in the deed for your property. An easement provides

for future public access to the gravesite. You don't have to provide any physical access route like a path or a road, just a clause and the deed identifying the location of the burial plot. After your loved one passes away, the next of kin has the legal right and responsibility to handle all of the funeral arrangements. However, there are ten states in which a funeral director must be hired in order to file the death certificate or in some cases,

remove the body from the hospital. The most restrictive rules are in New York and Louisiana, where a licensed funeral director must oversee just about anything concerning the body or the funeral itself. In most cases, the family has the right to care for the body at home. If the burial is performed within twenty four hours of death, you can skip any requirements for refrigeration or embalming after twenty four hours. Some states insist on a method of preservation,

particularly if the person died of an infectious disease. The aforementioned National Home Funeral Alliance lists states individual rules on their website. If you don't hire a funeral director, it's the family's responsibility to fill out and file the death certificate. The doctor's or hospice staff will handle the medical portion, but you need to fill in a few personal details. The trickier part can be filing the certificate, which usually

happens at a country clerk or registrar's office. If it's a Saturday or holiday, or simply after five o'clock, you'll have to wait. Funeral directors, by the way, can file electronically twenty four to seven. The good news, says Webster, is that there are no funeral police. No one's going to come after you if you miss by a few hours. It's just a formality that has to be taken care of when it comes to the actual burial. Several states

require a minimum depth for the body, notes Webster. Only New Mexico requires the classic six feet or one point eight meters, and a New Jersey sets the depth at four feet or one point two meters. In most others circumstances, there only needs to be between eighteen and thirty inches that's forty five to seventy six centimeters of soil between the top of the body and the surface. Even this depth helps speed decomposition and ensures that the body is

well beyond the smell barrier and therefore safe from scavenging animals. Interestingly, you don't have to create any kind of official family cemetery before burying a body on your property. Webster explains it works in reverse. Essentially, if you put a dead body on a piece of property, it becomes a cemetery. This has to do with antidsecration law and cemetery law

that goes way back to Roman times. Once the body is laid to rest, your last legal responsibility is to notify your local cemetery trustees or commissioners on the location of the grave. They'll file that information for the public record, as with any other cemetery plot. If you're interested in a home funeral for yourself or a loved one, consider contacting a home funeral guide in your area. They can help you navigate local burial laws and create a positive

and family centered end of life experience. Today's episode is based on the article can you Bury someone in your backyard? On HowStuffWorks dot Com? Written by Dave Ruse. Brain Stuff is a production of iHeartRadio in partnership with HowStuffWorks dot Com and is produced by Tyler Klang four more podcasts from my heart Radio. Visit the iHeartRadio app, Apple Podcasts, or wherever you listen to your favorite shows.