Can you bury a body in the yard of your home? What Florida law says
Here's what Florida law says about humans and pets:
Is burying a human in a home yard legal in Florida?
There's no state law that prohibits burying a loved one on your property, according to Florida's Division of Funeral, Cemetery and Consumer Services. Florida statute lets families establish cemeteries of less than two acres that do not sell burial spaces or burial merchandise, according to Florida statute.
KNOW MORE: Can you scatter human ashes anywhere you want in Florida? The law may surprise you
What to know about home burials
But before you start plotting the yard space and inviting the family to gather, take note: Cities may have local restrictions.
'Local ordinances and rules should be consulted to determine if this type of burial is permitted,' Florida's Division of Funeral, Cemetery and Consumer Services says. 'Before burying a body on private land or establishing a family cemetery, be sure to check local zoning rules,' adds Nolo.Com.
Check your homeowner association rules, too. After all, some communities don't even allow pickup trucks in the driveway after 6 p.m., nevermind dead bodies pushing up the daisies.
In addition, a licensed funeral director may be required to be present at the burial, the state's division of funeral services says. And a burial-transit permit may also be required in accordance with Florida Statutes 382.006. 'A funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within five days after death,' according to the statute.
Two things to keep in mind:
Your home destination should 'provide adequate access to allow for family members to visit the burial spaces,' according to the Florida division, but especially, 'the future sale of the property should also be considered as purchasers may be leery of buying property where human remains have been buried.'
Can you bury your pet in your backyard?
How you bury a deceased animal is regulated by the state. The Florida statutes says: 'Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground.'
Nothing in the statute prohibits turning over the animal's body to 'rendering companies licensed to do business' in Florida.
Also, according to the state, 'it is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird.'
The Florida Department of Environmental Protection has a guidance document detailing how to properly 'dispose' of your pet. Among the details: In addition to the burial at least two feet below the ground's surface, the body should be above the water table.
The Broward Bark blog adds that you should wrap the animal's body in plastic or a blanket but suggests you ought to turn to professionals like a veterinary or animal hospital service for the burial chore.
'It is not recommended to bury your dog in your backyard in Broward County, or any other location,' Broward Bark writes. 'In most places, it is illegal to bury dogs in residential areas, and it can also pose a health risk to other animals and humans. Instead of burying your dog in your backyard, you can have them cremated or buried at a pet cemetery.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Miami Herald
21-06-2025
- Miami Herald
Can you bury a body in the yard of your home? What Florida law says
For people who want to keep a loved one close to home, is it legal to have a backyard burial? Here's what Florida law says about humans and pets: Is burying a human in a home yard legal in Florida? There's no state law that prohibits burying a loved one on your property, according to Florida's Division of Funeral, Cemetery and Consumer Services. Florida statute lets families establish cemeteries of less than two acres that do not sell burial spaces or burial merchandise, according to Florida statute. KNOW MORE: Can you scatter human ashes anywhere you want in Florida? The law may surprise you What to know about home burials But before you start plotting the yard space and inviting the family to gather, take note: Cities may have local restrictions. 'Local ordinances and rules should be consulted to determine if this type of burial is permitted,' Florida's Division of Funeral, Cemetery and Consumer Services says. 'Before burying a body on private land or establishing a family cemetery, be sure to check local zoning rules,' adds Check your homeowner association rules, too. After all, some communities don't even allow pickup trucks in the driveway after 6 p.m., nevermind dead bodies pushing up the daisies. In addition, a licensed funeral director may be required to be present at the burial, the state's division of funeral services says. And a burial-transit permit may also be required in accordance with Florida Statutes 382.006. 'A funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within five days after death,' according to the statute. Two things to keep in mind: Your home destination should 'provide adequate access to allow for family members to visit the burial spaces,' according to the Florida division, but especially, 'the future sale of the property should also be considered as purchasers may be leery of buying property where human remains have been buried.' Can you bury your pet in your backyard? How you bury a deceased animal is regulated by the state. The Florida statutes says: 'Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground.' Nothing in the statute prohibits turning over the animal's body to 'rendering companies licensed to do business' in Florida. Also, according to the state, 'it is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird.' The Florida Department of Environmental Protection has a guidance document detailing how to properly 'dispose' of your pet. Among the details: In addition to the burial at least two feet below the ground's surface, the body should be above the water table. The Broward Bark blog adds that you should wrap the animal's body in plastic or a blanket but suggests you ought to turn to professionals like a veterinary or animal hospital service for the burial chore. 'It is not recommended to bury your dog in your backyard in Broward County, or any other location,' Broward Bark writes. 'In most places, it is illegal to bury dogs in residential areas, and it can also pose a health risk to other animals and humans. Instead of burying your dog in your backyard, you can have them cremated or buried at a pet cemetery.'
Yahoo
28-05-2025
- Yahoo
Florida's new parks law is just a start. Now DeSantis must enforce it.
It didn't have the pomp and circumstance that it deserved, but Gov. Ron DeSantis did the right thing — albeit grudgingly — by signing legislation into law to protect Florida's 175 state parks from encroaching development. The challenge he and future Florida governors now face is to make sure that the State Parks Preservation Act is both respected and enforced. Floridians have made their feelings known ever since last summer's disclosures that developers wanted to build golf courses, pickleball courts and swanky hotels in nine parks, including the Jonathan Dickinson State Park. The outrage started with irate park visitors protesting in front of the targeted state parks. It only grew from there as more individuals and environmental groups across the state joined the fray. Their outrage prompted local lawmakers, state Sen. Gayle Harrell, R-Stuart, and state Reps. John Snyder, R-Stuart, and Peggy Gossett-Seidman, R-Boca Raton, to file bills — SB 80 and HB 209, respectively — that received unanimous support and approval within the Florida Legislature. Editorial: Florida's new parks law is just a start in protecting our state's environment The public sent a crystal-clear message that they don't want to see the state's natural and undisturbed forests, parks and "wild" open spaces transformed into gaudy tourist traps. The bill may have become law without the fanfare of a public signing event, but the fact that the new environmental protection law now exists shows that DeSantis has gotten the peoples' memo. Floridians will be vigilant in making sure that preservation remains a priority of state government, as evidenced by the thousands of texts and phone calls received by state lawmakers before and during this year's legislative session. Also, by their reaction via emailed Letters to the Editor, op-eds, Facebook posts and more to the USA Today Network-Florida Opinion Group's unrelenting campaign to get the legislation passed and signed into law. Opinion: How Gov. Ron DeSantis can spin signing the FL 'State Park Preservation Act' The debacle that resulted in the new law came from an unlikely source — the Florida Department of Environmental Protection. DEP, designed to be the lead agency for environmental management and stewardship, crafted a seemingly counterproductive initiative. Dubbed The Great Outdoors Initiative, the plan was designed to increase park interest by allowing developers to build attractions and facilities not normally associated with protected natural habitats. Access is one thing, but building three golf courses in the beloved Jonathan Dickinson State Park, as initially proposed, is simply outrageous. Harrell was the first lawmaker to recognize the mounting outrage. In the midst of the public outcry, she announced that she would file a bill to address the mounting concerns of commercializing Florida's parks. She filed SB 80 and that bill, and its House counterpart, won unanimous approval at each committee stop. By the time, the bills reached the floors of the Florida House and Senate, it was obvious that the legislation was heading to the governor's desk. The initial statewide protests caught the eyes of many lawmakers — both state and federal. When confronted with questions about the controversial initiative that clearly came out of an agency he controlled, Gov. DeSantis initially distanced himself from the proposal. He later blamed "left-wing groups" for stirring up opposition to what was very bad plan. Neither reaction slowed the determination of Floridians who wanted their state parks to remain parks. Nine months and a 180-degrees later, DeSantis signed the bill into law, and Floridians now have a new legal layer of park protection. It's both a victory and a start. The task now for the governor, DEP officials and indeed, for all Floridians, is to ensure that the letter and spirit of the new parks law is followed to fullest extent possible. This editorial was written as part of a campaign by the USA Today Network Florida Opinion Group to support Senate Bill 80 and protect Florida's state parks from development. This article originally appeared on Palm Beach Post: Florida has a new parks law. Enforcement must be priority | Editorial
Yahoo
17-05-2025
- Yahoo
State Appeals In Manatee Protection Fight
The Florida Department of Environmental Protection has gone to a federal appeals court after a U.S. district judge last month ruled that the state has violated the Endangered Species Act as manatees face threats in the Indian River Lagoon. A notice of appeal, sent to the 11th U.S. Circuit Court of Appeals this week, does not detail arguments that department attorneys will make at the Atlanta-based court. But the agency is challenging a ruling by U.S. District Judge Carlos Mendoza, who sided with the environmental group Bear Warriors United in the case about regulation of wastewater discharges into the Indian River Lagoon. The group argued that discharges led to the demise of seagrass, a key food source for manatees, and resulted in deaths and other harm to the animals. In his April 11 ruling, the judge wrote that under the Department of Environmental Protection's regulations, it would take at least a decade for conditions in the northern part of the Indian River Lagoon to start to recover. That area is primarily in Brevard County. 'This is due to the previously and currently permitted discharge of legacy pollutants via wastewater into the north IRL (Indian River Lagoon),' Mendoza wrote. 'These legacy pollutants caused the death of seagrasses — the manatee's natural forage — and the proliferation of harmful macroalgae. Legacy pollutants, as their name suggests, persist in the environment and cause harmful effects long after they have entered the system.' In a follow-up to Mendoza's ruling, Bear Warriors United asked him to enter an injunction that would include requiring the state to seek what is known as an 'incidental take permit' from federal wildlife officials. That process would include the state developing a conservation plan, attorneys for the group wrote. Also, the group asked Mendoza to place a moratorium on new residential and commercial construction that would use septic tanks. Such a moratorium would apply in the northern Indian River Lagoon watershed pending the issuance of an incidental take permit, under the group's proposal. Septic tanks discharge nitrogen, which can cause harmful algae blooms. 'New residential and commercial construction that use (septic tanks) will only exacerbate nitrogen loading into the North IRL,' the group's attorneys wrote in seeking an injunction. 'The court has already held that continuing high levels of nitrogen loading into the North IRL has caused the collapse of seagrasses, resulting in ongoing take of manatees that occupy the North IRL.' But in a May 6 response, Department of Environmental Protection attorneys pushed back against the group's requests, saying, for example, that such a construction moratorium would 'improperly bind parties' that are not in the case. The department's attorneys wrote that Bear Warriors United is seeking an 'injunction that, on its face, prohibits anyone from undertaking residential or commercial construction using onsite sewage treatment and disposal systems. Needless to say, the independent landowners and builders whose property rights would be curtailed by such an order are not parties to this action.' Also, the state's attorneys argued that the department 'has no power under Florida law to prohibit residential or commercial development; that authority is left to local zoning boards. In fact, Florida law specifically authorizes construction using 'nutrient-reducing onsite sewage treatment and disposal systems' or similar nitrogen-reducing 'wastewater treatment systems.' Certainly, a federal court can enjoin a state official to cease conduct that violates federal law. But it cannot require a state official to affirmatively take actions they have no power to take under state law.' Mendoza had not ruled on the injunction request as of Friday morning. The notice of appeal involves the underlying judgment he issued last month. Bear Warriors United filed the lawsuit in 2022, after Florida had a record 1,100 manatee deaths in 2021, with the largest number, 358, in Brevard County. Many deaths were linked to starvation. The state had 800 manatee deaths in 2022, before the number dropped to 555 in 2023 and 565 in 2024, according to Florida Fish and Wildlife Conservation Commission data. As of May 9, 363 manatees deaths had been reported this year, including 75 in Brevard County. Manatees are classified by the federal government as a threatened species. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
