Funeral and Scattering Laws
One of the most common questions we hear from families is "is it legal for me to scatter at ____?"
Unfortunately the answer is that it really depends. States each have their own laws around scattering cremated remains, and it's important to follow local state laws as well as federal guidelines when scattering cremated remains.
Below, we've compiled the laws around funerals and scattering from every state, and the federal laws can be found at the bottom of this list. Use this resource as a general guideline, but keep in mind that the laws are rapidly changing and we may not have updated this list or may not be aware. Check with your state's authority for the most recent information available.
Alabama
- Abbreviation
- AL
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Location must be filed with county recorder's office
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, but only licensed funeral directors may sell caskets. Still, federal law requires funeral homes to accept a casket provided by the family
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Alaska
- Abbreviation
- AK
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Location must be filed with county recorder's office
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Arizona
- Abbreviation
- AZ
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Location must be filed with county recorder's office
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Arkansas
- Abbreviation
- AR
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Must have written permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Must be buried in established cemeteries. If burying on private land, check with governing agency to find out whether you can establish a family cemetery. May be possible in rural areas
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
California
- Abbreviation
- CA
- Local Law
- California's laws are the strictest in the nation. If kept at home, you must sign a permit and agree not to remove the remains from their container. You may scatter at a religious structure, cemetery scattering garden, or any area that has no local prohibition, with written permission from the property owner or governing agency. Must not be visible to the public.
- Private Land
- Must have written permission from landowner
- Public Land
- Must have written permission of governing agency
- Water Burial Law
- Must be 500 yards from shore at sea or navigable waters. May not be scattered in lakes or streams
- Where Can a Body be Buried?
- Must be buried in established cemeteries. If burying on private land, check with governing agency to find out whether you can establish a family cemetery. May be possible in rural areas
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Colorado
- Abbreviation
- CO
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Location must be filed with county recorder's office within 30 days
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Connecticut
- Abbreviation
- CT
- Local Law
- No state laws, but upon cremation the cremation permit must state the intended destination of the remains. Use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Location must be filed with county recorder's office and burial must be supervised by a licensed funeral director with a permit from the town where the body will be buried
- Embalming Required?
- Required only if the person died of a contagious disease
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Delaware
- Abbreviation
- DE
- Local Law
- No state laws. Must be "disposed of in such a way as is desired by the person receiving them"
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Must be buried in established cemeteries. If burying on private land, check with governing agency to find out whether you can establish a family cemetery. Top of casket must be 18 inches from the surface at minimum, or 79 inches if the person died of an infectious disease.
- Embalming Required?
- Must be embalmed, refridgerated, or placed in a hermetically sealed casket if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, but only licensed funeral directors may sell caskets. Still, federal law requires funeral homes to accept a casket provided by the family
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Florida
- Abbreviation
- FL
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Location must be filed with county recorder's office within 30 days, and burial rights in the area must not be offered for sale.
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Georgia
- Abbreviation
- GA
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Must be at least 3 nautical miles from land, and must be removed from container before scattering. May not be scattered at beaches or wading pools, and EPA must be notified within 30 days
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm.
- Embalming Required?
- No laws in Georgia requiring embalming, refridgeration may be used as well
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Hawaii
- Abbreviation
- HI
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- No permit needed, as long as the ceremony will not involve a large crowd and number of vessels. Must be scattered beyond the reef line, and if flowers are used they must be loose (no leis). Federal law states remains must be scattered 3 nautical miles from shore.
- Where Can a Body be Buried?
- Bodies must be buried on land approved as a cemetery
- Embalming Required?
- Body must be embalmed, buried, or cremated within 30 hours after death.
- Casket Required for Burial?
- No, but cemetery may require. A casket is required for transportation
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Idaho
- Abbreviation
- ID
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. Person having possession of the body must write a report to serve as a permit to transport, bury, or entomb the body
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 24h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, but only licensed funeral directors may sell caskets. Still, federal law requires funeral homes to accept a casket provided by the family
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Illinois
- Abbreviation
- IL
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in Illinois
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Indiana
- Abbreviation
- IN
- Local Law
- Remains must be kept, placed in a grave, niche, or crypt, scattered in a designated scattering area, or on the property of a consenting owner. A form documenting the disposition must be filed to county recorder within 10 days
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Must be buried in an established cemetery "within a resonable time after death". You may be able to establish a family cemetery if you wish to bury on private land.
- Embalming Required?
- There are no laws requiring embalming in Indiana
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Iowa
- Abbreviation
- IA
- Local Law
- The law prohibits you from scattering ashes on public or private property without permission
- Private Land
- Must have permission of landowner
- Public Land
- Must have permission from local governing body
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Required if the death was due to a communicable disease and the body is not cremated within 48 hours after death. Also required if final disposition takes place after 3 days, or 6 days if the body is refrigerated
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Kansas
- Abbreviation
- KS
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed, refridgerated, or placed in a hermetically sealed casket if final disposition does not occur within 24h, or embalmed if transported (eg. by plane). Must be embalmed if death was due to certain communicable diseases and final disposition does not occur within 24 hours, or if the body will be interred in a mausoleum.
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Kentucky
- Abbreviation
- KY
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Must have permission of landowner
- Public Land
- Technically, you may not scatter on public land
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in Kentucky
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Louisiana
- Abbreviation
- LA
- Local Law
- No state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 30h, or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, but only licensed funeral directors may sell caskets. Still, federal law requires funeral homes to accept a casket provided by the family
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Maine
- Abbreviation
- ME
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. If burying on private property, you must record a family burial ground of up to one quarter acre in the registry of deeds of the county where the body is buried. You must enclose the family burial ground with a fence or otherwise make it clear where the graveyard is situated. Access to the graveyard remains even if the property is sold.
- Embalming Required?
- Must be embalmed if the body will be shipped by common carrier, such as airplane or train
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, but only licensed funeral directors may sell caskets. Still, federal law requires funeral homes to accept a casket provided by the family
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Maryland
- Abbreviation
- MD
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Must be buried in an established cemetery or in a family burial plot or area allowed by local ordinance. Check with your county health department.
- Embalming Required?
- There are no laws requiring embalming in Maryland
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Massachusetts
- Abbreviation
- MA
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm.
- Embalming Required?
- There are no laws requiring embalming in Massachusetts
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Michigan
- Abbreviation
- MI
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Required if the body is not buried or cremated with 48 hours, for transporation purposes, or if the death was due to rare, communicable diseases
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Minnesota
- Abbreviation
- MN
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 72h, if the body is infected with a communicable disease, if it will be viewed publicly (by people besides family), or embalmed if transported (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Mississippi
- Abbreviation
- MS
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Must be embalmed or refridgerated if final disposition does not occur within 48h, or if transported further than 24 hours (eg. by plane)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Missouri
- Abbreviation
- MO
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Required if death was due to an infections disease and body will not be buried or cremated within 24 hours, or if the body will be shipped for longer than 24h.
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Montana
- Abbreviation
- MT
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Required if the body will be transported by common carrier and will be en route more than 8h, or transport occurs more than 36h after time of death
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Nebraska
- Abbreviation
- NE
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Required if death was due to an infections disease, if the body will be shipped by common carrier, or if final disposition will not occur within 24h (unless refrigerated, allowed up to 72h)
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Nevada
- Abbreviation
- NV
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Required if death was due to an infections disease,or if the body will be ransportedin any way. Otherwise, required after 72 hours
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
New Hampshire
- Abbreviation
- NH
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries. A private burial ground must be created, surveyed, and recorded by the county clerk if you wish to bury on private land
- Embalming Required?
- Required of the body will be "exposed to the public" for more than 24 hours
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
New Jersey
- Abbreviation
- NJ
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Required if the body will be shipped by common carrier and will not arrive within 24 hours
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
New Mexico
- Abbreviation
- NM
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refridgerated only if final disposition does not occur within 24h
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
New York
- Abbreviation
- NY
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in New York
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
North Carolina
- Abbreviation
- ND
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Must have written permission from landowner
- Public Land
- It is allowed to scatter on "uninhabited public land"
- Water Burial Law
- Follow Federal, remains must be removed from their container before scattering
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in North Carolina
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
North Dakota
- Abbreviation
- ND
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated if the body will be transported but will not reach its final destination within 48 hours. Embalming is required if the body will not reach its destination in 72 hours, or if death was due to a communicable disease
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Ohio
- Abbreviation
- OH
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in Ohio
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Oklahoma
- Abbreviation
- OK
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated if final disposition will not occur within 24 hours
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Oregon
- Abbreviation
- OR
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated if final disposition will not occur within 24 hours. Embalming is required if the body will be shipped after 24h and will not reach its destination within 6h, if the death was due to a communicable disease, or if there will be a public viewing more than 6h after body is removed from refrigeration
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Pennsylvania
- Abbreviation
- PA
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated if final disposition will not occur within 24 hours. Must be embalmed if death was due to a noncontagious disease and will be shipped by common carrier and will not reach its destination in 24h
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Rhode Island
- Abbreviation
- RI
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated within 48 hours of death. Must be embalmed if the body will be shipped by common carrier
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
South Carolina
- Abbreviation
- SC
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in South Carolina
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
South Dakota
- Abbreviation
- SD
- Local Law
- Remains must be reduced to a particle size of one-eighth of an inch or less. You must file a statement with the registrar of births and deaths for scattering on private land or over a public waterway
- Private Land
- Must provide the crematory with a legal description of the property and written consent from property owner
- Public Land
- Must file a statement with the registrar of births and deaths if over a public waterway
- Water Burial Law
- Follow Federal, remains must be removed from their container before scattering
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Required if final disposition will not occur within 24 hours after death
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Tennessee
- Abbreviation
- TN
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in Tennessee
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Texas
- Abbreviation
- TX
- Local Law
- Allowed over “uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner.” Unless the container is biodegradable, you must remove the ashes from the container before scattering.
- Private Land
- Must have permission of landowner
- Public Land
- Allowed over “uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner.” Unless the container is biodegradable, you must remove the ashes from the container before scattering.
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated if final disposition does not occur within 24 hours, or must be embalmed within 24 hours if nobody steps forward to take responsibility for the body
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Utah
- Abbreviation
- UT
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Required if final disposition will not occur within 24 hours after death, or if the body will be shipped by common carrier
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Vermont
- Abbreviation
- VT
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in Vermont
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Virginia
- Abbreviation
- VA
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated if burial or cremation will not occur within 48 hours. A body may not be embalmed without permission from next of kin or a court order
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Washington
- Abbreviation
- WA
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal. Washington State states that ashes may be scattered over "public navigable waters under state control, including Puget Sound, rivers streams, and lakes"
- Where Can a Body be Buried?
- Must be buried in established cemeteries, and all cemeteries must be run by corporations. You may only bury on private property if you can establish a cemetery
- Embalming Required?
- Must be embalmed or refrigerated until burial or cremation will occur. A body may not be embalmed without permission from next of kin or a court order
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
West Virginia
- Abbreviation
- WV
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in West Virginia
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Wisconsin
- Abbreviation
- WI
- Local Law
- Remains must have been reduced to a particle size of one-eighth of an inch or less.
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- There are no laws requiring embalming in Wisconsin
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- No
- For More Information:
Wyoming
- Abbreviation
- WY
- Local Law
- No strict state laws, but use common sense in choosing a location
- Private Land
- Should have permission from landowner
- Public Land
- You may check municipal and borough regulations, but most simply use their best judgement
- Water Burial Law
- Follow Federal
- Where Can a Body be Buried?
- Mostly buried in established cemeteries, but no laws prohibiting burial on private property. Check your city zoning rules to confirm. A map of the property should be drawn showing the burial ground and filed with the property deed.
- Embalming Required?
- Must be embalmed or refrigerated, or buried or cremated, within 36h of death. Must be embalmed if the death was due to a communicable disease and the body will be shipped out of state
- Casket Required for Burial?
- No, but cemetery may require
- Casket Required for Cremation?
- A container is often required, but an alternative container is allowed
- Do I need to buy a casket from the FH?
- No, federal law requires funeral homes to accept caskets provided by the family.
- Alkaline Hydrolosis Allowed?
- Yes
- For More Information:
Federal At-Sea Law
- You may not place human remains in ocean waters within three nautical miles from shore (the ordinary low water mark or closing line drawn on a nautical chart across the openings of bays and rivers. You may not place non-human remains in the sea (such as pet remains). You may not place materials which are not readily decomposable in the marine environment, such as plastic or metal flowers and wreaths, tombs, tombstones, gravestones, monuments, mausoleums, artificial reefs, etc.
- For More Information: