Speaker 1: Welcome to Brainstuff, a production of iHeartRadio. Hey brain Stuff,
Speaker 1: Lauren Vogel Bomb here with another classic episode from our archives.
Speaker 1: In today's we're looking at the albeit slightly morbid, but
Speaker 1: legally fascinating topic of home burials. Culturally, they're uncommon in
Speaker 1: the US these days, but most states have laws on
Speaker 1: the books for how to accomplish them legally and safely.
Speaker 1: Hi brain Stuff, Lauren Vogel Bomb Here. A century ago,
Speaker 1: when most Americans lived on farms or family land passed
Speaker 1: through the generations, it made perfect sense to bury loved
Speaker 1: ones close to home. But if you bring up the
Speaker 1: subject of a backyard burial today, get ready for some
Speaker 1: strange looks. With the rising popularity of natural burials in
Speaker 1: both conventional and eco friendly or green cemeteries, it's fair
Speaker 1: to ask what's stopping us from bringing the burial process
Speaker 1: back home. We were morbidly curious about what it would take,
Speaker 1: so we reached out to d Webster, president of the
Speaker 1: National Home Funeral Alliance, to learn about the legal and
Speaker 1: practical considerations you should take when planning a home burial.
Speaker 1: Home burials are completely legal, or at least not explicitly forbidden,
Speaker 1: in every state except California, Indiana, Washington, and the District
Speaker 1: of Columbia. In DC, it's a space issue, as in
Speaker 1: there is no space. In California, it's a different kind
Speaker 1: of real estate problem. The concern is that future landowners
Speaker 1: could subdivide parcels and accidentally dig up undisclosed graves. According
Speaker 1: to California law, anyone who deposits or disposes of any
Speaker 1: human remains in any place except a cemetery is guilty
Speaker 1: of a misdemeanor and could face jail time or a
Speaker 1: fine up to ten thousand dollars. Even if your state
Speaker 1: allows home burials, it would be wise to check with
Speaker 1: your local zoning board or planning commission before digging. In
Speaker 1: some states and individual counties have rules about the minimum
Speaker 1: distance the burial plot needs to be from resources like
Speaker 1: bodies of water, electrical lines, other buildings, and roads. Those
Speaker 1: distances are known as setbacks. In New Hampshire, for example,
Speaker 1: plots need to be at least fifty feet that's fifteen
Speaker 1: meters away from a known water source and twice that
Speaker 1: far from any buildings. One result of these zoning laws
Speaker 1: is that it's all but impossible to bury someone in
Speaker 1: a suburban backyard. There simply isn't enough space on most
Speaker 1: properties to manage the setback restrictions, even if you wouldn't
Speaker 1: freak out the neighbors, which brings up an important consideration
Speaker 1: property value. As our funeral expert Webster said, having dead
Speaker 1: bodies on your property isn't exactly a boon where real
Speaker 1: estate is concerned. If you choose to bury a loved
Speaker 1: one on your land, you should think of the land
Speaker 1: as a multi generational investment, because many folks simply won't
Speaker 1: want a piece of property with that kind of history.
Speaker 1: But if you own a large enough piece of land
Speaker 1: away from roads and nosy neighbors, and if you don't
Speaker 1: plan on moving anytime soon, you're free to pick out
Speaker 1: a burial plot. A few tips, choose a location far
Speaker 1: from any streams or rivers because they can erode and
Speaker 1: meander over time, which would put the loved one's remain
Speaker 1: at risk. Pick a high point on the property that's
Speaker 1: far from the water table, and if possible, choose the
Speaker 1: location as part of a long term land conservation plan
Speaker 1: to preserve the space for future generations. Once you pick
Speaker 1: a location, you will be required to create a special
Speaker 1: easement in the deed for your property. An easement provides
Speaker 1: for future public access to the gravesite. You don't have
Speaker 1: to provide any physical access route like a path or
Speaker 1: a road, just a clause and the deed identifying the
Speaker 1: location of the burial plot. After your loved one passes away,
Speaker 1: the next of kin has the legal right and responsibility
Speaker 1: to handle all of the funeral arrangements. However, there are
Speaker 1: ten states in which a funeral director must be hired
Speaker 1: in order to file the death certificate or in some cases,
Speaker 1: remove the body from the hospital. The most restrictive rules
Speaker 1: are in New York and Louisiana, where a licensed funeral
Speaker 1: director must oversee just about anything concerning the body or
Speaker 1: the funeral itself. In most cases, the family has the
Speaker 1: right to care for the body at home. If the
Speaker 1: burial is performed within twenty four hours of death, you
Speaker 1: can skip any requirements for refrigeration or embalming after twenty
Speaker 1: four hours. Some states insist on a method of preservation,
Speaker 1: particularly if the person died of an infectious disease. The
Speaker 1: aforementioned National Home Funeral Alliance lists states individual rules on
Speaker 1: their website. If you don't hire a funeral director, it's
Speaker 1: the family's responsibility to fill out and file the death certificate.
Speaker 1: The doctor's or hospice staff will handle the medical portion,
Speaker 1: but you need to fill in a few personal details.
Speaker 1: The trickier part can be filing the certificate, which usually
Speaker 1: happens at a country clerk or registrar's office. If it's
Speaker 1: a Saturday or holiday, or simply after five o'clock, you'll
Speaker 1: have to wait. Funeral directors, by the way, can file
Speaker 1: electronically twenty four to seven. The good news, says Webster,
Speaker 1: is that there are no funeral police. No one's going
Speaker 1: to come after you if you miss by a few hours.
Speaker 1: It's just a formality that has to be taken care
Speaker 1: of when it comes to the actual burial. Several states
Speaker 1: require a minimum depth for the body, notes Webster. Only
Speaker 1: New Mexico requires the classic six feet or one point
Speaker 1: eight meters, and a New Jersey sets the depth at
Speaker 1: four feet or one point two meters. In most others circumstances,
Speaker 1: there only needs to be between eighteen and thirty inches
Speaker 1: that's forty five to seventy six centimeters of soil between
Speaker 1: the top of the body and the surface. Even this
Speaker 1: depth helps speed decomposition and ensures that the body is
Speaker 1: well beyond the smell barrier and therefore safe from scavenging animals. Interestingly,
Speaker 1: you don't have to create any kind of official family
Speaker 1: cemetery before burying a body on your property. Webster explains
Speaker 1: it works in reverse. Essentially, if you put a dead
Speaker 1: body on a piece of property, it becomes a cemetery.
Speaker 1: This has to do with antidsecration law and cemetery law
Speaker 1: that goes way back to Roman times. Once the body
Speaker 1: is laid to rest, your last legal responsibility is to
Speaker 1: notify your local cemetery trustees or commissioners on the location
Speaker 1: of the grave. They'll file that information for the public record,
Speaker 1: as with any other cemetery plot. If you're interested in
Speaker 1: a home funeral for yourself or a loved one, consider
Speaker 1: contacting a home funeral guide in your area. They can
Speaker 1: help you navigate local burial laws and create a positive
Speaker 1: and family centered end of life experience. Today's episode is
Speaker 1: based on the article can you Bury someone in your backyard?
Speaker 1: On HowStuffWorks dot Com? Written by Dave Ruse. Brain Stuff
Speaker 1: is a production of iHeartRadio in partnership with HowStuffWorks dot
Speaker 1: Com and is produced by Tyler Klang four more podcasts
Speaker 1: from my heart Radio. Visit the iHeartRadio app, Apple Podcasts,
Speaker 1: or wherever you listen to your favorite shows.