1 00:00:01,840 --> 00:00:07,600 Speaker 1: Welcome to Brainstuff, a production of iHeartRadio. Hey brain Stuff, 2 00:00:07,640 --> 00:00:11,160 Speaker 1: Lauren Vogel Bomb here with another classic episode from our archives. 3 00:00:11,840 --> 00:00:15,640 Speaker 1: In today's we're looking at the albeit slightly morbid, but 4 00:00:15,880 --> 00:00:21,439 Speaker 1: legally fascinating topic of home burials. Culturally, they're uncommon in 5 00:00:21,480 --> 00:00:24,919 Speaker 1: the US these days, but most states have laws on 6 00:00:24,960 --> 00:00:28,360 Speaker 1: the books for how to accomplish them legally and safely. 7 00:00:30,680 --> 00:00:33,960 Speaker 1: Hi brain Stuff, Lauren Vogel Bomb Here. A century ago, 8 00:00:34,159 --> 00:00:37,080 Speaker 1: when most Americans lived on farms or family land passed 9 00:00:37,120 --> 00:00:39,920 Speaker 1: through the generations, it made perfect sense to bury loved 10 00:00:39,920 --> 00:00:41,960 Speaker 1: ones close to home. But if you bring up the 11 00:00:41,960 --> 00:00:44,839 Speaker 1: subject of a backyard burial today, get ready for some 12 00:00:44,920 --> 00:00:48,760 Speaker 1: strange looks. With the rising popularity of natural burials in 13 00:00:48,800 --> 00:00:52,639 Speaker 1: both conventional and eco friendly or green cemeteries, it's fair 14 00:00:52,720 --> 00:00:55,640 Speaker 1: to ask what's stopping us from bringing the burial process 15 00:00:55,720 --> 00:00:58,840 Speaker 1: back home. We were morbidly curious about what it would take, 16 00:00:58,960 --> 00:01:01,360 Speaker 1: so we reached out to d Webster, president of the 17 00:01:01,480 --> 00:01:04,520 Speaker 1: National Home Funeral Alliance, to learn about the legal and 18 00:01:04,640 --> 00:01:07,720 Speaker 1: practical considerations you should take when planning a home burial. 19 00:01:08,480 --> 00:01:12,880 Speaker 1: Home burials are completely legal, or at least not explicitly forbidden, 20 00:01:13,120 --> 00:01:17,120 Speaker 1: in every state except California, Indiana, Washington, and the District 21 00:01:17,240 --> 00:01:20,280 Speaker 1: of Columbia. In DC, it's a space issue, as in 22 00:01:20,520 --> 00:01:23,559 Speaker 1: there is no space. In California, it's a different kind 23 00:01:23,600 --> 00:01:26,640 Speaker 1: of real estate problem. The concern is that future landowners 24 00:01:26,680 --> 00:01:31,120 Speaker 1: could subdivide parcels and accidentally dig up undisclosed graves. According 25 00:01:31,120 --> 00:01:34,520 Speaker 1: to California law, anyone who deposits or disposes of any 26 00:01:34,560 --> 00:01:37,640 Speaker 1: human remains in any place except a cemetery is guilty 27 00:01:37,640 --> 00:01:40,200 Speaker 1: of a misdemeanor and could face jail time or a 28 00:01:40,280 --> 00:01:43,000 Speaker 1: fine up to ten thousand dollars. Even if your state 29 00:01:43,040 --> 00:01:45,440 Speaker 1: allows home burials, it would be wise to check with 30 00:01:45,480 --> 00:01:48,640 Speaker 1: your local zoning board or planning commission before digging. In 31 00:01:49,160 --> 00:01:52,560 Speaker 1: some states and individual counties have rules about the minimum 32 00:01:52,560 --> 00:01:55,280 Speaker 1: distance the burial plot needs to be from resources like 33 00:01:55,440 --> 00:01:59,480 Speaker 1: bodies of water, electrical lines, other buildings, and roads. Those 34 00:01:59,480 --> 00:02:02,920 Speaker 1: distances are known as setbacks. In New Hampshire, for example, 35 00:02:03,120 --> 00:02:05,320 Speaker 1: plots need to be at least fifty feet that's fifteen 36 00:02:05,360 --> 00:02:07,800 Speaker 1: meters away from a known water source and twice that 37 00:02:07,880 --> 00:02:11,520 Speaker 1: far from any buildings. One result of these zoning laws 38 00:02:11,600 --> 00:02:13,760 Speaker 1: is that it's all but impossible to bury someone in 39 00:02:13,800 --> 00:02:16,919 Speaker 1: a suburban backyard. There simply isn't enough space on most 40 00:02:17,000 --> 00:02:20,400 Speaker 1: properties to manage the setback restrictions, even if you wouldn't 41 00:02:20,400 --> 00:02:23,800 Speaker 1: freak out the neighbors, which brings up an important consideration 42 00:02:24,320 --> 00:02:29,000 Speaker 1: property value. As our funeral expert Webster said, having dead 43 00:02:29,000 --> 00:02:31,919 Speaker 1: bodies on your property isn't exactly a boon where real 44 00:02:32,000 --> 00:02:35,079 Speaker 1: estate is concerned. If you choose to bury a loved 45 00:02:35,080 --> 00:02:36,680 Speaker 1: one on your land, you should think of the land 46 00:02:36,720 --> 00:02:40,280 Speaker 1: as a multi generational investment, because many folks simply won't 47 00:02:40,320 --> 00:02:42,800 Speaker 1: want a piece of property with that kind of history. 48 00:02:43,480 --> 00:02:45,399 Speaker 1: But if you own a large enough piece of land 49 00:02:45,440 --> 00:02:47,800 Speaker 1: away from roads and nosy neighbors, and if you don't 50 00:02:47,800 --> 00:02:50,560 Speaker 1: plan on moving anytime soon, you're free to pick out 51 00:02:50,560 --> 00:02:54,680 Speaker 1: a burial plot. A few tips, choose a location far 52 00:02:54,760 --> 00:02:57,320 Speaker 1: from any streams or rivers because they can erode and 53 00:02:57,400 --> 00:02:59,960 Speaker 1: meander over time, which would put the loved one's remain 54 00:03:00,120 --> 00:03:02,880 Speaker 1: at risk. Pick a high point on the property that's 55 00:03:02,919 --> 00:03:05,960 Speaker 1: far from the water table, and if possible, choose the 56 00:03:06,000 --> 00:03:09,120 Speaker 1: location as part of a long term land conservation plan 57 00:03:09,400 --> 00:03:12,960 Speaker 1: to preserve the space for future generations. Once you pick 58 00:03:13,000 --> 00:03:15,680 Speaker 1: a location, you will be required to create a special 59 00:03:15,760 --> 00:03:18,920 Speaker 1: easement in the deed for your property. An easement provides 60 00:03:18,960 --> 00:03:21,680 Speaker 1: for future public access to the gravesite. You don't have 61 00:03:21,720 --> 00:03:24,040 Speaker 1: to provide any physical access route like a path or 62 00:03:24,040 --> 00:03:26,520 Speaker 1: a road, just a clause and the deed identifying the 63 00:03:26,560 --> 00:03:30,440 Speaker 1: location of the burial plot. After your loved one passes away, 64 00:03:30,600 --> 00:03:33,320 Speaker 1: the next of kin has the legal right and responsibility 65 00:03:33,320 --> 00:03:36,040 Speaker 1: to handle all of the funeral arrangements. However, there are 66 00:03:36,040 --> 00:03:38,520 Speaker 1: ten states in which a funeral director must be hired 67 00:03:38,560 --> 00:03:41,520 Speaker 1: in order to file the death certificate or in some cases, 68 00:03:41,640 --> 00:03:44,560 Speaker 1: remove the body from the hospital. The most restrictive rules 69 00:03:44,560 --> 00:03:47,280 Speaker 1: are in New York and Louisiana, where a licensed funeral 70 00:03:47,320 --> 00:03:50,560 Speaker 1: director must oversee just about anything concerning the body or 71 00:03:50,600 --> 00:03:54,040 Speaker 1: the funeral itself. In most cases, the family has the 72 00:03:54,120 --> 00:03:56,360 Speaker 1: right to care for the body at home. If the 73 00:03:56,360 --> 00:03:58,800 Speaker 1: burial is performed within twenty four hours of death, you 74 00:03:58,840 --> 00:04:02,440 Speaker 1: can skip any requirements for refrigeration or embalming after twenty 75 00:04:02,440 --> 00:04:04,840 Speaker 1: four hours. Some states insist on a method of preservation, 76 00:04:05,160 --> 00:04:08,080 Speaker 1: particularly if the person died of an infectious disease. The 77 00:04:08,120 --> 00:04:12,520 Speaker 1: aforementioned National Home Funeral Alliance lists states individual rules on 78 00:04:12,600 --> 00:04:15,840 Speaker 1: their website. If you don't hire a funeral director, it's 79 00:04:15,880 --> 00:04:19,040 Speaker 1: the family's responsibility to fill out and file the death certificate. 80 00:04:19,360 --> 00:04:21,919 Speaker 1: The doctor's or hospice staff will handle the medical portion, 81 00:04:22,200 --> 00:04:24,159 Speaker 1: but you need to fill in a few personal details. 82 00:04:24,360 --> 00:04:27,200 Speaker 1: The trickier part can be filing the certificate, which usually 83 00:04:27,240 --> 00:04:30,160 Speaker 1: happens at a country clerk or registrar's office. If it's 84 00:04:30,200 --> 00:04:32,880 Speaker 1: a Saturday or holiday, or simply after five o'clock, you'll 85 00:04:32,880 --> 00:04:35,360 Speaker 1: have to wait. Funeral directors, by the way, can file 86 00:04:35,400 --> 00:04:38,919 Speaker 1: electronically twenty four to seven. The good news, says Webster, 87 00:04:39,240 --> 00:04:42,040 Speaker 1: is that there are no funeral police. No one's going 88 00:04:42,080 --> 00:04:44,040 Speaker 1: to come after you if you miss by a few hours. 89 00:04:44,240 --> 00:04:46,120 Speaker 1: It's just a formality that has to be taken care 90 00:04:46,160 --> 00:04:48,960 Speaker 1: of when it comes to the actual burial. Several states 91 00:04:49,000 --> 00:04:52,120 Speaker 1: require a minimum depth for the body, notes Webster. Only 92 00:04:52,160 --> 00:04:54,840 Speaker 1: New Mexico requires the classic six feet or one point 93 00:04:54,839 --> 00:04:57,120 Speaker 1: eight meters, and a New Jersey sets the depth at 94 00:04:57,120 --> 00:05:00,640 Speaker 1: four feet or one point two meters. In most others circumstances, 95 00:05:00,640 --> 00:05:02,920 Speaker 1: there only needs to be between eighteen and thirty inches 96 00:05:03,000 --> 00:05:06,039 Speaker 1: that's forty five to seventy six centimeters of soil between 97 00:05:06,080 --> 00:05:09,240 Speaker 1: the top of the body and the surface. Even this 98 00:05:09,320 --> 00:05:12,080 Speaker 1: depth helps speed decomposition and ensures that the body is 99 00:05:12,120 --> 00:05:17,480 Speaker 1: well beyond the smell barrier and therefore safe from scavenging animals. Interestingly, 100 00:05:17,600 --> 00:05:19,880 Speaker 1: you don't have to create any kind of official family 101 00:05:19,920 --> 00:05:23,599 Speaker 1: cemetery before burying a body on your property. Webster explains 102 00:05:23,800 --> 00:05:26,200 Speaker 1: it works in reverse. Essentially, if you put a dead 103 00:05:26,240 --> 00:05:28,920 Speaker 1: body on a piece of property, it becomes a cemetery. 104 00:05:29,360 --> 00:05:32,440 Speaker 1: This has to do with antidsecration law and cemetery law 105 00:05:32,440 --> 00:05:35,480 Speaker 1: that goes way back to Roman times. Once the body 106 00:05:35,520 --> 00:05:38,040 Speaker 1: is laid to rest, your last legal responsibility is to 107 00:05:38,080 --> 00:05:41,520 Speaker 1: notify your local cemetery trustees or commissioners on the location 108 00:05:41,600 --> 00:05:44,599 Speaker 1: of the grave. They'll file that information for the public record, 109 00:05:44,640 --> 00:05:48,000 Speaker 1: as with any other cemetery plot. If you're interested in 110 00:05:48,040 --> 00:05:50,560 Speaker 1: a home funeral for yourself or a loved one, consider 111 00:05:50,600 --> 00:05:53,600 Speaker 1: contacting a home funeral guide in your area. They can 112 00:05:53,640 --> 00:05:56,279 Speaker 1: help you navigate local burial laws and create a positive 113 00:05:56,320 --> 00:06:04,320 Speaker 1: and family centered end of life experience. Today's episode is 114 00:06:04,360 --> 00:06:07,159 Speaker 1: based on the article can you Bury someone in your backyard? 115 00:06:07,240 --> 00:06:10,559 Speaker 1: On HowStuffWorks dot Com? Written by Dave Ruse. Brain Stuff 116 00:06:10,600 --> 00:06:13,280 Speaker 1: is a production of iHeartRadio in partnership with HowStuffWorks dot 117 00:06:13,279 --> 00:06:16,240 Speaker 1: Com and is produced by Tyler Klang four more podcasts 118 00:06:16,240 --> 00:06:19,240 Speaker 1: from my heart Radio. Visit the iHeartRadio app, Apple Podcasts, 119 00:06:19,320 --> 00:06:21,120 Speaker 1: or wherever you listen to your favorite shows.