State rankings

Burial Laws by State

Burial Laws by State: compare 50 US states on 6 metrics.

Private Property Burial Allowed

7 values across 50 entries

Burial-Transit Permit

4 values across 50 entries

Data

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50 states
AlabamaDepends (check local zoning)———RequiredCremation and disposition in a cemetery
AlaskaDepends (check local zoning)Environmental Health recommends 3.5-4ftEnvironmental Health recommends 200 ftEnvironmental Health recommends 200 ftRequiredBurial, interment, cremation, or other disposition
ArizonaDepends (check local zoning)———RequiredCremation, burial, entombment, alkaline hydrolysis, and removal from the state
ArkansasMust be in established cemetery; may apply for special family plot permit———Required only for out‑of‑state transportBurial, interment, cremation, removal from Arkansas, or other authorized disposition
CaliforniaMust be in established cemetery; may apply for special family plot permit18in. from top of body or coffin/vault to surface——RequiredBurial, cremation, entombment, alkaline hydrolysis, natural organic reduction, donation to medical science, and removal from the state.
ColoradoMust be recorded with county within 30 days; Check for county zoning ordinances———RequiredEntombment, burial, cremation, natural reduction, or removal from the state.
ConnecticutDepends (check local zoning)30in from top of body or casket/vault to surface1/2 mile from reservoir 600ft.350ft. from buildingsRequiredBurial, removal, cremation
DelawareCheck zoning; outside town limits in Kent and Sussex counties18in. from top of body or casket/vault to surface——RequiredBurial, entombment, cremation, and natural organic reduction
FloridaDepends (check local zoning)12in. from top of body or casket/vault to surface——RequiredBurial, interment, entombment, cremation, removal from the state, anatomical donation, or other authorized disposition
GeorgiaCheck zoning; not allowed in Bibb CountyRecommend 3ft25ft. from state waters50ft. from property linesRequired only for out‑of‑state transportNot limited to: earth interment, above-ground interment, cremation, organic human reduction, burial at sea, or delivery to a medical institution for lawful dissection
HawaiiDepends (check local zoning)Must be sufficient to avoid public health nuisance and animal disturbance——RequiredCremation, burial, entombment, and alkaline hydrolysis.
IdahoDepends (check local zoning)———Required only for out-of-state transportBurial, entombment, and cremation
IllinoisDepends (check local zoning)18in. from top of body or casket/vault to surface——RequiredBurial, entombment, cremation, and alkaline hydrolysis
IndianaMust be in established cemetery; may apply for special family plot permit24in. from top of body or casket/vault to surface——RequiredBurial 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).
IowaDepends (check local zoning)3ft. from surface——RequiredBurial, interment, cremation, removal from the state, or other disposition
KansasDepends (check local zoning)———Required only for out-of-state transportCremation, burial, entombment, donation to science, and removal from the state
KentuckyDepends (check local zoning)36in. from top of casket——Not requiredBurial, interment, cremation, removal from the Commonwealth, or other authorized disposition
LouisianaMust be in established cemetery; may apply for special family plot permit24in. from top of body or casket/vault to surface——RequiredInterment, burial, cremation, or anatomical donation
MaineDepends (check local zoning)———Not requiredBurial, entombment, cremation, natural organic reduction, burial at sea, donation to medical science, and removal from the state
MarylandDepends (check local zoning)———RequiredBurial 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.
MassachusettsDepends (check local zoning)———RequiredBurial, entombment in a mausoleum, vault, or tomb, cremation.
MichiganDepends (check local zoning)———RequiredBurial, cremation, interment, or other legal disposition
MinnesotaDepends (check local zoning)———RequiredEntombment, burial in a cemetery, alkaline hydrolysis, cremation, or, effective July 1, 2025, natural organic reduction of a dead human body.
MississippiDepends (check local zoning)24in. from top of body or casket/vault to surface—500ft. from medical buildingsRequired only for out-of-state transportBurial, entombment, cremation, donation to medical science, and removal from the state.
MissouriDepends (check local zoning)———Not requiredBurial, entombment, cremation, delivery to an educational or medical institution for donation, delivery to the state anatomical board or removal from the state
MontanaDepends (check local zoning)18in. from top of body or casket/vault to surface——Not requiredBurial, cremation, entombment, donation to medical science, and removal from the state.
NebraskaDepends (check local zoning)———Required only for out-of-state transportBurial, cremation, entombment, donation to medical science, and removal from the state.
NevadaDepends (check local zoning)———RequiredBurial, entombment, cremation, alkaline hydrolysis, natural organic reduction, donation to medical science, or removal from the state.
New HampshireDepends (check local zoning)—50ft. from known water source100ft. from buildings ​50ft. from highwaysRequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
New JerseyDepends (check local zoning)4ft. adult from top to surface 3.5ft. child from top to surface——RequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
New MexicoDepends (check local zoning)6ft. minimum bottom depth50ft. from known water source5ft. from property lineRequired only for out‑of‑state transportBurial, cremation, entombment, burial at sea, delivery to a medical school, or removal from the state.
New YorkCheck zoning Funeral director must be hired to supervise interment———RequiredBurial, cremation, entombment, natural organic reduction, donation to science, and removal from the state.
North CarolinaDepends (check local zoning)18in. from top of body or casket/vault to surface——RequiredBurial, cremation, entombment, burial at sea, donation to medical science, and removal from the state.
North DakotaDepends (check local zoning)3.5ft. from top of body or casket/vault to surface——RequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
OhioDepends (check local zoning)———RequiredInterment, cremation, removal from the state, donation, or other authorized disposition of a dead body or a fetal death.
OklahomaDepends (check local zoning)———RequiredBurial, cremation, burial at sea, entombment, alkaline hydrolysis, donation to medical science, and removal from the state
OregonDepends (check local zoning)———RequiredBurial, cremation, entombment, alkaline hydrolysis, natural organic reduction, donation to medical science, and removal from the state
PennsylvaniaDepends (check local zoning)24in. from the hip bone or casket/vault to surfaceCannot have water on property that drains into municipal water source—RequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
Rhode IslandDepends (check local zoning)———RequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
South CarolinaDepends (check local zoning)Nature preserve cemeteries are exempt from burial depth requirements——RequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
South DakotaDepends (check local zoning)—150ft. from known water source—RequiredBurial, cremation, entombment, donation to medical science, and removal from the state.
TennesseeDepends (check local zoning)———Not requiredBurial, cremation, entombment, alkaline hydrolysis, donation to medical science, and removal from the state.
TexasDepends (check local zoning)24in. from top of body or casket/vault to surface——Required only for out‑of‑state transportBurial, cremation, entombment, donation to medical science, and removal from the state.
UtahDepends (check local zoning)———Required only for out‑of‑state transportBurial, cremation, entombment, alkaline hydrolysis, burial at sea, donation to medical science, and removal from the state.
VermontDepends (check local zoning)3.5ft. adult and infant min. bottom depth200ft. from drilled well; other municipal water and flood plain restriction—RequiredBurial, cremation, entombment, natural organic reduction, donation to medical science, and removal to another state.
VirginiaDepends (check local zoning)———Required only for out‑of‑state transportBurial, cremation, entombment, donation to medical science, and removal from the state.
WashingtonMust be an established cemetery———RequiredBurial, cremation, entombment, alkaline hydrolysis, natural organic reduction, donation to science, and removal from the state.
West VirginiaDepends (check local zoning)———Not requiredBurial, cremation, entombment, alkaline hydrolysis, donation to medical science, and removal from the state.
WisconsinDepends (check local zoning)———Not requiredBurial, cremation, entombment, donation to scientific research, and removal from the state
WyomingDepends (check local zoning)———Not requiredBurial, cremation, entombment, burial at sea, donation to medical science, and removal from the state.

Quick answers

Where does this burial laws by state data come from?
Rankodex compiles it from World Population Review and the primary sources it cites: Legal Burial Requirements by State - New Hampshire Funeral Resources; Burial and Cremation Laws - NOLO; Laws By State Guide - National Home Funeral Alliance.