21-06-2025
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.'
