WEBVTT - BrainStuff Classics: Could You Legally Bury Someone in Your Backyard?

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<v Speaker 1>Welcome to Brainstuff, a production of iHeartRadio. Hey brain Stuff,

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<v Speaker 1>Lauren Vogel Bomb here with another classic episode from our archives.

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<v Speaker 1>In today's we're looking at the albeit slightly morbid, but

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<v Speaker 1>legally fascinating topic of home burials. Culturally, they're uncommon in

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<v Speaker 1>the US these days, but most states have laws on

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<v Speaker 1>the books for how to accomplish them legally and safely.

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<v Speaker 1>Hi brain Stuff, Lauren Vogel Bomb Here. A century ago,

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<v Speaker 1>when most Americans lived on farms or family land passed

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<v Speaker 1>through the generations, it made perfect sense to bury loved

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<v Speaker 1>ones close to home. But if you bring up the

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<v Speaker 1>subject of a backyard burial today, get ready for some

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<v Speaker 1>strange looks. With the rising popularity of natural burials in

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<v Speaker 1>both conventional and eco friendly or green cemeteries, it's fair

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<v Speaker 1>to ask what's stopping us from bringing the burial process

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<v Speaker 1>back home. We were morbidly curious about what it would take,

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<v Speaker 1>so we reached out to d Webster, president of the

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<v Speaker 1>National Home Funeral Alliance, to learn about the legal and

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<v Speaker 1>practical considerations you should take when planning a home burial.

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<v Speaker 1>Home burials are completely legal, or at least not explicitly forbidden,

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<v Speaker 1>in every state except California, Indiana, Washington, and the District

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<v Speaker 1>of Columbia. In DC, it's a space issue, as in

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<v Speaker 1>there is no space. In California, it's a different kind

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<v Speaker 1>of real estate problem. The concern is that future landowners

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<v Speaker 1>could subdivide parcels and accidentally dig up undisclosed graves. According

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<v Speaker 1>to California law, anyone who deposits or disposes of any

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<v Speaker 1>human remains in any place except a cemetery is guilty

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<v Speaker 1>of a misdemeanor and could face jail time or a

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<v Speaker 1>fine up to ten thousand dollars. Even if your state

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<v Speaker 1>allows home burials, it would be wise to check with

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<v Speaker 1>your local zoning board or planning commission before digging. In

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<v Speaker 1>some states and individual counties have rules about the minimum

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<v Speaker 1>distance the burial plot needs to be from resources like

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<v Speaker 1>bodies of water, electrical lines, other buildings, and roads. Those

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<v Speaker 1>distances are known as setbacks. In New Hampshire, for example,

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<v Speaker 1>plots need to be at least fifty feet that's fifteen

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<v Speaker 1>meters away from a known water source and twice that

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<v Speaker 1>far from any buildings. One result of these zoning laws

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<v Speaker 1>is that it's all but impossible to bury someone in

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<v Speaker 1>a suburban backyard. There simply isn't enough space on most

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<v Speaker 1>properties to manage the setback restrictions, even if you wouldn't

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<v Speaker 1>freak out the neighbors, which brings up an important consideration

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<v Speaker 1>property value. As our funeral expert Webster said, having dead

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<v Speaker 1>bodies on your property isn't exactly a boon where real

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<v Speaker 1>estate is concerned. If you choose to bury a loved

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<v Speaker 1>one on your land, you should think of the land

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<v Speaker 1>as a multi generational investment, because many folks simply won't

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<v Speaker 1>want a piece of property with that kind of history.

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<v Speaker 1>But if you own a large enough piece of land

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<v Speaker 1>away from roads and nosy neighbors, and if you don't

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<v Speaker 1>plan on moving anytime soon, you're free to pick out

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<v Speaker 1>a burial plot. A few tips, choose a location far

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<v Speaker 1>from any streams or rivers because they can erode and

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<v Speaker 1>meander over time, which would put the loved one's remain

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<v Speaker 1>at risk. Pick a high point on the property that's

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<v Speaker 1>far from the water table, and if possible, choose the

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<v Speaker 1>location as part of a long term land conservation plan

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<v Speaker 1>to preserve the space for future generations. Once you pick

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<v Speaker 1>a location, you will be required to create a special

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<v Speaker 1>easement in the deed for your property. An easement provides

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<v Speaker 1>for future public access to the gravesite. You don't have

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<v Speaker 1>to provide any physical access route like a path or

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<v Speaker 1>a road, just a clause and the deed identifying the

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<v Speaker 1>location of the burial plot. After your loved one passes away,

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<v Speaker 1>the next of kin has the legal right and responsibility

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<v Speaker 1>to handle all of the funeral arrangements. However, there are

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<v Speaker 1>ten states in which a funeral director must be hired

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<v Speaker 1>in order to file the death certificate or in some cases,

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<v Speaker 1>remove the body from the hospital. The most restrictive rules

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<v Speaker 1>are in New York and Louisiana, where a licensed funeral

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<v Speaker 1>director must oversee just about anything concerning the body or

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<v Speaker 1>the funeral itself. In most cases, the family has the

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<v Speaker 1>right to care for the body at home. If the

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<v Speaker 1>burial is performed within twenty four hours of death, you

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<v Speaker 1>can skip any requirements for refrigeration or embalming after twenty

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<v Speaker 1>four hours. Some states insist on a method of preservation,

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<v Speaker 1>particularly if the person died of an infectious disease. The

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<v Speaker 1>aforementioned National Home Funeral Alliance lists states individual rules on

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<v Speaker 1>their website. If you don't hire a funeral director, it's

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<v Speaker 1>the family's responsibility to fill out and file the death certificate.

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<v Speaker 1>The doctor's or hospice staff will handle the medical portion,

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<v Speaker 1>but you need to fill in a few personal details.

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<v Speaker 1>The trickier part can be filing the certificate, which usually

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<v Speaker 1>happens at a country clerk or registrar's office. If it's

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<v Speaker 1>a Saturday or holiday, or simply after five o'clock, you'll

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<v Speaker 1>have to wait. Funeral directors, by the way, can file

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<v Speaker 1>electronically twenty four to seven. The good news, says Webster,

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<v Speaker 1>is that there are no funeral police. No one's going

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<v Speaker 1>to come after you if you miss by a few hours.

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<v Speaker 1>It's just a formality that has to be taken care

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<v Speaker 1>of when it comes to the actual burial. Several states

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<v Speaker 1>require a minimum depth for the body, notes Webster. Only

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<v Speaker 1>New Mexico requires the classic six feet or one point

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<v Speaker 1>eight meters, and a New Jersey sets the depth at

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<v Speaker 1>four feet or one point two meters. In most others circumstances,

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<v Speaker 1>there only needs to be between eighteen and thirty inches

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<v Speaker 1>that's forty five to seventy six centimeters of soil between

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<v Speaker 1>the top of the body and the surface. Even this

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<v Speaker 1>depth helps speed decomposition and ensures that the body is

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<v Speaker 1>well beyond the smell barrier and therefore safe from scavenging animals. Interestingly,

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<v Speaker 1>you don't have to create any kind of official family

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<v Speaker 1>cemetery before burying a body on your property. Webster explains

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<v Speaker 1>it works in reverse. Essentially, if you put a dead

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<v Speaker 1>body on a piece of property, it becomes a cemetery.

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<v Speaker 1>This has to do with antidsecration law and cemetery law

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<v Speaker 1>that goes way back to Roman times. Once the body

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<v Speaker 1>is laid to rest, your last legal responsibility is to

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<v Speaker 1>notify your local cemetery trustees or commissioners on the location

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<v Speaker 1>of the grave. They'll file that information for the public record,

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<v Speaker 1>as with any other cemetery plot. If you're interested in

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<v Speaker 1>a home funeral for yourself or a loved one, consider

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<v Speaker 1>contacting a home funeral guide in your area. They can

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<v Speaker 1>help you navigate local burial laws and create a positive

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<v Speaker 1>and family centered end of life experience. Today's episode is

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<v Speaker 1>based on the article can you Bury someone in your backyard?

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<v Speaker 1>On HowStuffWorks dot Com? Written by Dave Ruse. Brain Stuff

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<v Speaker 1>is a production of iHeartRadio in partnership with HowStuffWorks dot

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<v Speaker 1>Com and is produced by Tyler Klang four more podcasts

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<v Speaker 1>from my heart Radio. Visit the iHeartRadio app, Apple Podcasts,

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<v Speaker 1>or wherever you listen to your favorite shows.