1 00:00:02,040 --> 00:00:07,200 Speaker 1: Welcome to brain Stuff from How Stuff Works, Hi brain Stuff, 2 00:00:07,280 --> 00:00:11,080 Speaker 1: Lauren vogelbam here. A century ago, when most Americans lived 3 00:00:11,080 --> 00:00:13,840 Speaker 1: on farms or a family land passed through the generations, 4 00:00:14,040 --> 00:00:16,560 Speaker 1: it made perfect sense to bury loved ones close to home. 5 00:00:16,960 --> 00:00:18,680 Speaker 1: But if you bring up the subject of a backyard 6 00:00:18,680 --> 00:00:22,360 Speaker 1: burial today, get ready for some strange looks. With the 7 00:00:22,440 --> 00:00:25,960 Speaker 1: rising popularity of natural burials in both conventional and eco 8 00:00:26,040 --> 00:00:29,720 Speaker 1: friendly or green cemeteries, it's fair to ask what's stopping 9 00:00:29,800 --> 00:00:32,920 Speaker 1: us from bringing the burial process back home. We were 10 00:00:32,960 --> 00:00:35,280 Speaker 1: morbidly curious about what it would take, so we reached 11 00:00:35,280 --> 00:00:38,800 Speaker 1: out to Lee Webster, president of the National Home Funeral Alliance, 12 00:00:38,840 --> 00:00:41,880 Speaker 1: to learn about the legal and practical considerations you should 13 00:00:41,880 --> 00:00:46,120 Speaker 1: take when planning a home burial. Home burials are completely legal, 14 00:00:46,400 --> 00:00:52,040 Speaker 1: or at least not explicitly forbidden in every state except California, Indiana, Washington, 15 00:00:52,159 --> 00:00:55,000 Speaker 1: and the District of Columbia. In d C. It's a 16 00:00:55,040 --> 00:00:58,280 Speaker 1: space issue, as in there is no space in California. 17 00:00:58,360 --> 00:01:01,160 Speaker 1: It's a different kind of real estate problem. The concern 18 00:01:01,280 --> 00:01:04,800 Speaker 1: is that future landowners could subdivide parcels and accidentally dig 19 00:01:04,880 --> 00:01:09,160 Speaker 1: up undisclosed graves. According to California law, anyone who deposits 20 00:01:09,200 --> 00:01:11,919 Speaker 1: or disposes of any human remains in any place except 21 00:01:11,959 --> 00:01:15,280 Speaker 1: a cemetery is guilty of a misdemeanor and could face 22 00:01:15,319 --> 00:01:17,600 Speaker 1: jail time or a fine up to ten tho dollars. 23 00:01:18,040 --> 00:01:20,360 Speaker 1: Even if your state allows home burials, it would be 24 00:01:20,440 --> 00:01:22,920 Speaker 1: wise to check with your local zoning board or planning 25 00:01:22,920 --> 00:01:27,000 Speaker 1: commission before digging. In some states and individual counties have 26 00:01:27,200 --> 00:01:29,880 Speaker 1: rules about the minimum distance the burial plot needs to 27 00:01:29,920 --> 00:01:33,920 Speaker 1: be from resources like bodies of water, electrical lines, other buildings, 28 00:01:33,959 --> 00:01:38,160 Speaker 1: and roads. Those distances are known as setbacks. In New Hampshire, 29 00:01:38,160 --> 00:01:40,479 Speaker 1: for example, plots need to be at least fifty feet 30 00:01:40,520 --> 00:01:43,040 Speaker 1: that's fifteen meters away from a known water source, and 31 00:01:43,120 --> 00:01:46,640 Speaker 1: twice that far from any buildings. One result of these 32 00:01:46,720 --> 00:01:49,080 Speaker 1: zonning laws is that it's all but impossible to bury 33 00:01:49,120 --> 00:01:52,320 Speaker 1: someone in a suburban backyard. There simply isn't enough space 34 00:01:52,360 --> 00:01:55,720 Speaker 1: on most properties to manage the setback restrictions, even if 35 00:01:55,760 --> 00:01:58,480 Speaker 1: you wouldn't freak out the neighbors, which brings up an 36 00:01:58,520 --> 00:02:03,800 Speaker 1: important consideration property value. As our funeral expert Webster said, 37 00:02:04,280 --> 00:02:07,080 Speaker 1: having dead bodies on your property isn't exactly a boon 38 00:02:07,240 --> 00:02:10,519 Speaker 1: where real estate is concerned. If you choose to bury 39 00:02:10,560 --> 00:02:12,080 Speaker 1: a loved one on your land, you should think of 40 00:02:12,080 --> 00:02:15,760 Speaker 1: the land as a multigenerational investment, because many folks simply 41 00:02:15,800 --> 00:02:18,960 Speaker 1: won't want a piece of property with that kind of history. 42 00:02:19,240 --> 00:02:21,160 Speaker 1: But if you own a large enough piece of land 43 00:02:21,200 --> 00:02:23,560 Speaker 1: away from roads and nosy neighbors, and if you don't 44 00:02:23,560 --> 00:02:26,280 Speaker 1: plan on moving anytime soon, you're free to pick out 45 00:02:26,320 --> 00:02:30,440 Speaker 1: a burial plot. A few tips, choose a location far 46 00:02:30,520 --> 00:02:33,080 Speaker 1: from any streams or rivers because they can erode and 47 00:02:33,160 --> 00:02:35,840 Speaker 1: meander over time, which would put the loved ones remains 48 00:02:35,840 --> 00:02:38,679 Speaker 1: at risk. Pick a high point on the property that's 49 00:02:38,680 --> 00:02:41,720 Speaker 1: far from the water table, and if possible, choose the 50 00:02:41,760 --> 00:02:44,880 Speaker 1: location as part of a long term land conservation plan 51 00:02:45,160 --> 00:02:48,720 Speaker 1: to preserve the space for future generations. Once you pick 52 00:02:48,720 --> 00:02:51,440 Speaker 1: a location, you will be required to create a special 53 00:02:51,520 --> 00:02:54,680 Speaker 1: easement in the deed for your property, and easement provides 54 00:02:54,720 --> 00:02:57,320 Speaker 1: for future public access to the grave site. You don't 55 00:02:57,360 --> 00:02:59,640 Speaker 1: have to provide any physical access route like a path 56 00:02:59,720 --> 00:03:02,280 Speaker 1: or ode, just to clause in the deed identifying the 57 00:03:02,320 --> 00:03:06,240 Speaker 1: location of the burial plot. After your loved one passes away, 58 00:03:06,360 --> 00:03:09,040 Speaker 1: the next of kin has the legal right and responsibility 59 00:03:09,080 --> 00:03:11,800 Speaker 1: to handle all of the funeral arrangements. However, there are 60 00:03:11,800 --> 00:03:14,280 Speaker 1: ten states in which a funeral director must be hired 61 00:03:14,280 --> 00:03:17,280 Speaker 1: in order to file the death certificate or in some cases, 62 00:03:17,400 --> 00:03:20,320 Speaker 1: remove the body from the hospital. The most restrictive rules 63 00:03:20,320 --> 00:03:23,040 Speaker 1: are in New York and Louisiana, where a licensed funeral 64 00:03:23,080 --> 00:03:26,320 Speaker 1: director must oversee just about anything concerning the body or 65 00:03:26,360 --> 00:03:29,840 Speaker 1: the funeral itself. In most cases, the family has the 66 00:03:29,919 --> 00:03:32,120 Speaker 1: right to care for the body at home. If the 67 00:03:32,120 --> 00:03:34,560 Speaker 1: burial is performed within twenty four hours of death, you 68 00:03:34,600 --> 00:03:38,200 Speaker 1: can skip any requirements for refrigeration or embalming after twenty 69 00:03:38,200 --> 00:03:40,640 Speaker 1: four hours. Some states insist on a method of preservation, 70 00:03:40,920 --> 00:03:43,840 Speaker 1: particularly if the person died of an infectious disease. The 71 00:03:43,880 --> 00:03:48,320 Speaker 1: aforementioned National Home Funeral Alliance lists states individual rules on 72 00:03:48,360 --> 00:03:51,600 Speaker 1: their website. If you don't hire a funeral director, it's 73 00:03:51,640 --> 00:03:54,800 Speaker 1: the family's responsibility to fill out and file the death certificate. 74 00:03:55,120 --> 00:03:57,760 Speaker 1: The doctors or hospice staff will handle the medical portion, 75 00:03:57,960 --> 00:03:59,880 Speaker 1: but you need to fill in a few personal details. 76 00:04:00,160 --> 00:04:02,960 Speaker 1: The trickier part can be filing the certificate, which usually 77 00:04:03,040 --> 00:04:05,920 Speaker 1: happens at a country clerk or registrar's office. If it's 78 00:04:05,920 --> 00:04:08,640 Speaker 1: a Saturday or holiday, or simply after five o'clock, you'll 79 00:04:08,640 --> 00:04:10,920 Speaker 1: have to wait funeral directors. By the way, it can 80 00:04:10,920 --> 00:04:15,280 Speaker 1: file electronically. Seven. The good news, says Webster, is that 81 00:04:15,320 --> 00:04:18,120 Speaker 1: there are no funeral police. No one's going to come 82 00:04:18,160 --> 00:04:20,200 Speaker 1: after you if you miss by a few hours. It's 83 00:04:20,200 --> 00:04:22,120 Speaker 1: just a formality that has to be taken care of 84 00:04:22,600 --> 00:04:25,120 Speaker 1: when it comes to the actual burial. Several states require 85 00:04:25,160 --> 00:04:28,000 Speaker 1: a minimum depth for the body, notes Webster. Only New 86 00:04:28,040 --> 00:04:31,120 Speaker 1: Mexico requires the classic six feet or one point eight meters, 87 00:04:31,320 --> 00:04:33,440 Speaker 1: and a New Jersey sets the depth at four ft 88 00:04:33,520 --> 00:04:36,560 Speaker 1: or one point two meters. In most other circumstances, there 89 00:04:36,560 --> 00:04:38,960 Speaker 1: only needs to be between eighteen and thirty inches that's 90 00:04:39,000 --> 00:04:41,880 Speaker 1: forty five to seventy six cimes of soil between the 91 00:04:41,920 --> 00:04:45,359 Speaker 1: top of the body and the surface. Even this depth 92 00:04:45,400 --> 00:04:48,040 Speaker 1: helps speed decomposition and ensures that the body is well 93 00:04:48,040 --> 00:04:53,240 Speaker 1: beyond the smell barrier and therefore safe from scavenging animals. Interestingly, 94 00:04:53,360 --> 00:04:55,640 Speaker 1: you don't have to create any kind of official family 95 00:04:55,640 --> 00:04:59,360 Speaker 1: cemetery before burying a body on your property. Webster explains 96 00:04:59,560 --> 00:05:01,960 Speaker 1: it works a reverse. Essentially, if you put a dead 97 00:05:02,000 --> 00:05:04,800 Speaker 1: body on a piece of property, it becomes a cemetery. 98 00:05:05,120 --> 00:05:07,920 Speaker 1: This has to do with anti desecration law and cemetery 99 00:05:08,000 --> 00:05:11,000 Speaker 1: law that goes way back to Roman times. Once the 100 00:05:11,000 --> 00:05:13,640 Speaker 1: body is laid to rest, your last legal responsibility is 101 00:05:13,680 --> 00:05:16,880 Speaker 1: to notify your local semetary trustees or commissioners on the 102 00:05:16,920 --> 00:05:19,680 Speaker 1: location of the grave. They'll file that information for the 103 00:05:19,680 --> 00:05:23,279 Speaker 1: public record, as with any other cemetery plot. If you're 104 00:05:23,279 --> 00:05:25,600 Speaker 1: interested in a home funeral for yourself or a loved one, 105 00:05:25,880 --> 00:05:29,200 Speaker 1: consider contacting a home funeral guide in your area. They 106 00:05:29,200 --> 00:05:31,599 Speaker 1: can help you navigate local burial laws and create a 107 00:05:31,600 --> 00:05:39,839 Speaker 1: positive and family centered end of life experience. Today's episode 108 00:05:39,839 --> 00:05:42,479 Speaker 1: was written by Dave Ruse and produced by Tristan McNeil. 109 00:05:42,760 --> 00:05:45,200 Speaker 1: For more on this and lots of other curious topics, 110 00:05:45,320 --> 00:05:59,400 Speaker 1: visit our home planet, how Stuff Works dot com.