Guidance on Burial on Private Property: A Comprehensive Guide

Burial on private property can be an appealing option for many, especially for those who seek a more personal and solitary final resting place. However, depending on local regulations and land use policies, the process can be complex and challenging. This guide aims to outline the necessary steps and considerations for burying on your own property.

Local Regulations and Land Use

The first and most significant factor to consider is the local zoning and land use laws. These regulations determine whether burial on private property is allowed, and if so, under what conditions. Rural areas generally offer more flexibility, while urban settings may have stricter restrictions.

Rural vs. Urban Settings

In rural areas, land use is typically less regulated, making it easier to secure the necessary permissions. However, if you are considering a burial site in a coastal area, riverine zone, or low-lying area, additional precautions must be taken.

Topographical and Environmental Factors

Hilly areas are ideal for burial sites as they can naturally protect against water accumulation. Conversely, low-lying or flood-prone areas require special attention. If your chosen burial site is in a flood-prone area, it is crucial to have a design for a below-ground burial crypt that ensures the remains do not float away due to flooding.

Requirement for Topographical Study and Survey

For the most accurate assessment of your land, a detailed topographical survey is necessary. This study will help you understand the land's characteristics and potential issues, such as slopes, drainage, and flooding risks.

Securing Necessary Permissions

Depending on the location, you may need to obtain several types of permissions and permits. Here are some of the key steps:

Local Zoning Office

The local zoning office or the department responsible for land use regulations is your starting point. They can provide information and guidance on the specific requirements for burial on private property in your area. This may include obtaining a special permit or a variance, which can be challenging but not impossible.

Undertakers and Funeral Homes

Undertakers and funeral homes can offer valuable assistance with the paperwork and logistics involved in a burial on private property. However, they may charge a fee for their services, so it is essential to understand the costs before proceeding.

Historical Context and Past Experiences

Historically, burial on private property has had some successful precedents. In my career as a Funeral Director, I have seen this done three times on rural property, each with unique circumstances:

De Facto Cemetery

In two of these cases, the property had prior very old burials, which effectively established it as a de facto cemetery. This made the process much simpler, as the family did not need to go through additional legal hurdles.

Do-It-Yourself Burials

In one case, the family used a backhoe to dig the grave themselves. They secured the casket in their pickup truck, which was a personal and efficient way to handle the burial with no assistance from a funeral director.

Legal Formalities

The third case involved significant legal work to establish a cemetery on the land. This required separating a portion of the property from the rest, ensuring perpetual access, and addressing various other legal issues. While time-consuming and potentially complex, it was ultimately possible.

Urban Settings and State Regulations

Burial on private property may be more difficult or prohibited in urban settings, as municipal laws often restrict such activities. Additionally, state laws concerning cemeteries must also be consulted.

In summary, while burial on private property can be a viable option, it requires a detailed understanding of local regulations, a thorough topographical study, and obtaining the necessary permissions. With careful planning and preparation, the process can be managed successfully, offering a peaceful and personal final resting place for you or your loved ones.

Key Takeaways

Burial on private property depends on local zoning and land use laws. Consider topographical and environmental factors, such as flooding risks. Secure necessary permissions, including a special permit or variance from the local zoning office. Historically, de facto cemeteries and DIY burials have been successful. Urban and state regulations may limit options for burial on private property.

Keywords

Burial on private property, zoning laws, cemetery establishment