NEW HAMPSHIRE FUNERAL RESOURCES & EDUCATION
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      • Natural Burial Bylaw Language
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      • Offering Green Burial in Your Hybrid Cemetery
      • Legal Burial Requirements by State
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Legal Burial Requirements by State

State
Burial Depth Requirement
Home Burial
Distance from Water
Distance from Buildings
Body Care
Related Statutes
Alabama
None
Check local zoning ordinances
--
--
Embalming is required in order to leave the state unless the body is going to be used for medical research
​​AL Code 1975
Alaska
None
​Environmental Health recommends: 3.5 -4 ft
Check zoning
None
​Environmental Health recommends: 200 ft
None
​Environmental Health recommends: 200 ft
--
Private Burial in Alaska
Arizona
--
Check zoning
--
--
Body must be embalmed OR refrigerated after 24 hours
36-326
Arkansas
--
Must be in established cemetery; may apply for special family plot permit 
--
--
Body must be embalmed OR refrigerated at <45° after 24 hours unless cremating; neither are required for 48 hours if planning to cremate; embalming is required in order to leave the state 
20.17.2
California
18” from top of body or coffin/vault to surface
Must be in established cemetery; may apply for special family plot permit ​
--
--
--
Division 8, Chapter 3.5, 8113
Colorado
--
Must be recorded with county within 30 days; Check for county zoning ordinances - many have changed since 2021
--
--
Body must be embalmed OR refrigerated after 24 hours; contagious or communicable diseases must be reported to local or state health officers by person acting as funeral director
Title 25. Health § 25-2-111
Connecticut
"No person shall bury the body of any deceased person in such a manner that the top of the outside container within which such body is placed is less than two and one-half feet below the surface of the ground, except if such container is made of concrete or other impermeable material, the top of such container shall not be less than one and one-half feet below the surface."
Check zoning
1/2 mile from reservoir
600’ ​
350' from buildings
Funeral director must be hired to supervise interment, remove body, file death certificate​; if the person dies of a communicable disease, disposition must be handled by a licensed embalmer; disposition must occur within a reasonable time
19a-368j, 295-319 (315d)
Delaware
18” from top of body or casket/vault to surface
Check zoning; outside town limits in Kent and Sussex counties
--
--
Body must be embalmed OR refrigerated after 24 hours; disposition must occur within 5 days
4202-4.0
District of Columbia
4' from top of casket
Not allowed due to space constraints
--
--
Disposition must occur within one week; disposition of contagious or infectious diseased bodies must be handled by a licensed FD 
​§ 43–116
Florida
12” from top of body or casket/vault to surface
Check zoning
--
--
Must be embalmed OR refrigerated after 24 hours
FL Stat § 497.274 (2022)
Georgia
None; recommend 3'
Check zoning; not allowed in Bibb County
25' from state waters
50 ' from property lines
--
Title XV, Chapter 165.05 
Hawaii
"...depth sufficient to prevent the creation of any public nuisance or public health hazard and to make it impossible for hogs and other animals, or surface drainage or wash, to uncover it"
Check zoning
--
--
Body must be embalmed OR refrigerated after 30 hours
§11-22-5
Idaho
--
Check zoning
--
--
--
--
Illinois
18” from top of body or casket/vault to surface
Check zoning
--
--
Funeral director must be hired to file death certificate
--
Indiana
24" from top of body or casket/vault to surface
Must be in established cemetery; may apply for special family plot permit
--
--
Disposition must occur within a reasonable time; funeral director must be hired to handle disposition permit, receive cremated remains 
--
Iowa
3 ft from surface
Check zoning
--
--
Body can be held  without preservation up to 72 hours; then refrigerated at between 38 and 42 degrees for 72 more; communicable disease must be reported to attending physician; funeral director must be hired to handle arrangements with crematories; bodies with infectious diseases must be embalmed
97.13(4)
Kansas
--
Check zoning
--
--
Body must be embalmed OR refrigerated after 24 hours; extensions possible; check statutes for specific infectious or contagious diseases that must be handled by a licensed FD unless disposition occurs within 24 hours
--
Kentucky
36" from top of casket
Check zoning
--
--
--
§ ​901-005:1
Louisiana
24” from top of body or casket/vault to surface
Must be in established cemetery; may apply for special family plot permit
--
--
Body must be embalmed OR refrigerated at below 45° after 30 hours; funeral director must be hired for “…any service whatsoever connected with the management of funerals…”
--
Maine
--
Check zoning
--
--
Report diseases to attending physician to see if medical examiner needs to be involved
--
Maryland
--
Check zoning
--
--
Report contagious disease to attending physician
--
Massachusetts
--
Check zoning
--
--
--
--
Michigan
--
Check zoning
--
--
Funeral director must be hired to file the death certificate and oversee disposition; embalming is required for bodies with rare infectious or communicable diseases
--
Minnesota
--
Check zoning
--
--
Body must be embalmed OR refrigerated after 72 hours; refrigeration limited to 6 days; dry ice use limited to 4 days; disposition must occur within a reasonable time
--
Mississippi
24” from top of body or casket/vault to surface
Check zoning
--
500’ from medical buildings
Body must be embalmed OR refrigerated after  24 hours if destination cannot be reached and does not take place within 48 hours; contagious disease that endangers public health must be reported to a Medical Examiner
--
Missouri
--
Check zoning
--
--
Embalming is required for bodies with infectious or communicable diseases if not buried or cremated within 24 hours
--
Montana
18” from top of body or casket/vault to surface
Check zoning
--
--
A body that  died of infectious disease must be disposed of as soon as reasonably possible and with minimal handling; body must be embalmed OR refrigerated if not expected to reach its destination within 48 hours
--
Nebraska
--
Check zoning
--
--
Funeral director must be hired to file the death certificate, sign transit permits, and supervise interments
--
Nevada
--
Check zoning
--
--
Bodies held for cremation must be refrigerated after 24 hours; report contagious or communicable disease to attending physician to consult state guidelines
--
New Hampshire
--
Check zoning
50’ from known water source
100' from buildings
​50' from highways
Dead bodies under professional care must be embalmed, encased, or refrigerated after 48 hours
--
New Jersey
4’ adult from top to surface
3.5’ child from top to surface
Check zoning
--
--
Funeral director must be hired to file the death certificate and supervise disposition
--
New Mexico
6’ minimum bottom depth
Check zoning
50’ from known water source
5’ from property line
Body must be embalmed OR refrigerated  at below 40° if not disposed of within 24 hours; report contagious or communicable disease to the Office of Medical Investigation
--
New York
--
Check zoning
Funeral director must be hired to supervise interment
--
--
Funeral director must be hired to file the death certificate; receive body from a hospital, institution or other place; personally supervise the funeral services; supervise interment
--
North Carolina
18" from top of body or casket/vault to surface
Check zoning
--
--
Embalming is not allowed when death is due to specific diseases
--
North Dakota
3.5' from top of body or casket/vault to surface
Check zoning
--
--
Requires immediate disposition under specific conditions; any body must be embalmed if it will not reach its destination within 24 hours, or if disposition is not accomplished within 48; all dispositions must occur within 8 days
--
Ohio
--
Check zoning
--
--
Bodies with communicable diseases must be buried or cremated within 24 hours
--
Oklahoma
--
Check zoning
--
--
--
--
Oregon
--
Check zoning
--
--
Dispositions not occurring within 10 days must be reported to the Mortuary Board
--
Pennsylvania
24” from the hipbone or casket/vault to surface

Check zoning
Cannot have water on property that drains into municipal water source
--
--
28 Pa. Code § 1.2
Rhode Island
--
Check zoning
--
--
--
--
South Carolina
Nature preserve cemeteries are exempt from burial depth requirements
Check zoning
--
--
--
 § ​SC 40-8-200
South Dakota
--
Check zoning
150’ from known water source
--
--
--
Tennessee
--
Check zoning
--
--
--
--
Texas
24” from top of body or casket/vault to surface
Check zoning
--
--
Bodies must be embalmed OR refrigerated to 35-40° after 24 hours unless placed in a sealed container
--
Utah
--
Check zoning
--
--
--
--
Vermont
3.5’ adult and infant min. bottom depth
Check zoning
200’ from drilled well; other municipal water and flood plain restrictions
--
--
--
Virginia
--
Check zoning
--
--
Body must be embalmed OR refrigerated after 48 hours
--
Washington
--
Must be an established cemetery
--
--
--
--
West Virginia
--
Check zoning
--
--
--
--
Wisconsin
--
Check zoning
--
--
--
--
Wyoming
--
Check zoning
--
--
Embalming is required for bodies with specific communicable diseases
--

How To

Learn About the Law
Have a Home Funeral
Complete Paperwork
Perform Body Care
Arrange Disposition
​Transport the Dead
Create Ceremony
​Go Out Greener
​
Pay for a Funeral
​
Work With Professionals

Resources

Articles, White Papers, Books
In the News
​Community Advocacy
​Find Locally Made Products
Find a Green Burial Cemetery
​Find It Fast

Presentations

Find a Speaker for In-Services, Presentations, Events

Website design

​Funeral Partnership.org
​Side Effects Publishing

Learn More

About Green Burial
Home Funeral Stories
Funeral Price Survey
​Pandemic Care
​For Professionals
​Glossary
FAQs

Contact

Lee Webster
[email protected]
Picture
Picture
New Hampshire Funeral Resources, Education & Advocacy    Designed and content provided by Lee Webster
​Photo images by Lee Webster and William R. Crangle
​
All rights reserved  © FuneralPartnership.org
  • Home
  • How To
    • Find Help Fast
    • Learn the Law
    • Have a Home Funeral >
      • State Requirements for Home Funerals
      • New England Legal Requirements
    • Perform Body Care >
      • Cooling Techniques
    • Complete Paperwork
    • Arrange Disposition >
      • Comparison of Disposition Methods
    • Transport the Dead
    • Create Ceremony
    • Go Out Greener
    • Pay for a Funeral
    • Work with Professionals
  • Resources
    • FAQs
    • 2020 Funeral Home Price Survey
    • Tools for Community Education >
      • Infographics
    • Sample Forms
    • Glossary
    • Articles, Interviews, Podcasts, Videos
    • Writings, Books, and Forms
    • Disposition Statistics
    • Memorial Forests
    • Shop Local
    • Stories >
      • Read Their Stories
      • Heidi's Story
      • Penney's Story
      • Kathleen's Story
    • For Professionals
    • Special Circumstances >
      • Guidance for Care in the Home
      • Practical Guidelines
      • Ceremony Resources
  • Green Burial
    • Green Burial in NH
    • Green Burial Statistics
    • Green Burial Cemeteries in the US and Canada
    • Green Burial Resources >
      • Natural Burial Bylaw Language
      • Start Up Tips for Green Burial Cemeteries
      • 10 Things You Can Say or Do to Promote Natural Burial
      • Offering Green Burial in Your Hybrid Cemetery
      • Legal Burial Requirements by State
      • Green Burial Books
      • Photographs
      • Winter Burial
    • Conservation Burial
    • New Hampshire Embalming Law
    • Green Burial Survey
  • Presentations
    • Find a Speaker
  • Websites
    • Side Effects Publishing Website Design
    • Funeral Partnership.org >
      • What We Do
  • Contact