The short answer: yes, a family can legally bury a loved one on private property in Washington State in 2026, but only after meeting a set of state‑mandated requirements, obtaining a burial permit, and complying with local zoning and health‑department rules. Ignoring these steps can lead to fines, removal of the remains, or even criminal charges.
Legal Framework
Washington’s burial laws are codified primarily in RCW 70.120 and RCW 70.130. The statutes permit “home burials” on land that is not subject to a cemetery charter, provided the burial is not within a city‑managed cemetery and the deceased is a resident of the property. The law was updated in 2024 to require a written permit from the county health department, reflecting growing interest in natural and family‑run interments.
Requirements and Restrictions
- Property ownership – The land must be owned outright by the deceased or a direct family member. Leased or rented property is excluded.
- Distance rules – The burial site must be at least 100 feet from any public water source, well, or septic system, per RCW 70.120.060.
- Depth – The grave must be a minimum of three feet deep, and a burial vault or liner is not required for natural burials, though a sturdy cover is recommended to prevent animal intrusion.
- Health‑department permit – The county health officer issues a burial permit after confirming compliance with distance, depth, and land‑use criteria. The permit is valid for one year from issuance.
- Notification – The family must inform the local zoning board and, if applicable, the homeowners’ association, to avoid land‑use violations.
Process for Obtaining Permission
- Complete the burial‑site application available on the county health department website.
- Submit a site plan showing the exact location, measurements, and proximity to water sources.
- Provide proof of ownership (deed or title) and a death certificate.
- Pay the modest processing fee (typically $50‑$75).
- Await approval, which usually takes 10‑15 business days. Once granted, the permit must accompany the burial site at all times.
Alternatives to Home Burial
If the legal or logistical hurdles seem daunting, families may consider:
- Natural burial grounds – Certified “green” cemeteries that operate under the same state regulations but handle permits for you.
- Cremation and scatter – Washington permits scattering ashes on private land with the landowner’s consent, provided it is not a protected water body.
- Memorial parks – Municipal parks sometimes allow interment of cremated remains in a designated memorial garden.
Frequently Asked Questions
Can a non‑resident be buried on a family’s property?
No. Washington law restricts home burials to residents of the property. A non‑resident may be interred only in a licensed cemetery.
What happens if a home burial is performed without a permit?
The county can issue a violation notice, order the exhumation of the remains, and assess civil penalties up to $1,000 per violation, plus possible criminal charges for improper disposal of a human body.
Are there any religious exemptions to the permit requirement?
The permit requirement is neutral and applies to all burials, regardless of religious belief. However, religious organizations may apply for a cemetery charter, which can simplify the process for congregational home burials.
Do I need a burial vault or concrete liner?
Washington does not require a vault for home burials. Many families choose biodegradable shrouds or simple wooden coffins to align with natural burial practices.
Can a homeowners’ association prohibit a home burial on my lot?
Yes. If the HOA’s governing documents forbid burials, the family must comply with those rules or seek a variance from the association, which may be denied.