What Are the Laws Around Natural Burial in California?
Natural burials are gaining popularity in California as more families seek eco-friendly and meaningful alternatives to conventional funerals. But while the concept of returning to the earth in a simple, biodegradable way resonates with many, understanding the laws around natural burial in California is key to making informed decisions.
In this post, we’ll cover the legal requirements, environmental considerations, and common questions people have when exploring natural burial options in the state.
TL;DR
Yes, natural burial is legal in California. But there are specific rules around where and how it can be done. Families must work with a cemetery that allows green burials or go through special permitting processes for private land burials.
Is Natural Burial Legal in California?
Yes. California law does not prohibit natural or green burial. However, it does regulate how and where burials can happen. To bury a body in California, the following requirements must be met:
- The burial must occur in a legal cemetery or a location with a valid burial permit.
- The death must be properly registered with the county.
- A burial transit permit must be issued before final disposition.
Natural burial does not mean there are no rules. It simply means the burial process avoids embalming chemicals, metal caskets, or concrete vaults. It still must follow public health and zoning laws.
Can You Be Buried on Private Property in California?
In some rural counties, it is possible to be buried on private land. But this requires:
- Approval from the local planning department or zoning board
- An official cemetery designation or special use permit
- A recorded deed restriction indicating the burial site
These approvals are rare and difficult to obtain. In most cases, it is more practical to choose a green-certified cemetery that allows natural burial.
Cemeteries That Allow Natural Burial in California
More cemeteries are now offering natural burial sections or operating as fully green burial grounds. These cemeteries:
- Do not require vaults or non-biodegradable containers
- Allow simple shrouds or caskets made of natural materials
- Maintain the land using environmentally sustainable practices
Some examples of green burial cemeteries in California include:
- Fernwood Cemetery in Mill Valley (Marin County)
- Green Hills Memorial Park in Rancho Palos Verdes
- Joshua Tree Memorial Park in Joshua Tree
Always check with the cemetery directly to confirm current policies, fees, and burial options.
Embalming and Casket Requirements
In California:
- Embalming is not required by law unless the body is being transported across state lines or not buried within a certain time frame.
- Families can use a biodegradable casket or shroud.
- Vaults are not legally required but may be mandated by the cemetery.
Permits and Documentation
To arrange a natural burial, you’ll need:
- Death Certificate: Filed with the local registrar.
- Burial Permit: Issued by the county.
- Cemetery Agreement: Confirming the burial plot and type of burial allowed.
If burial is on private land (rare), expect to work with multiple county departments.
What About Cremation and Ash Burial?
Some people choose cremation followed by burial of the ashes in a biodegradable urn. While not technically a natural burial, this option may be available in more locations. California law allows for the burial of cremated remains on private property with permission of the landowner.
Conclusion
Natural burial is legal and growing in popularity across California. The key is understanding your options, choosing a cemetery that supports green burial practices, and following the appropriate legal steps.
Whether you’re pre-planning or making arrangements for a loved one, it helps to speak with a funeral director or cemetery that specializes in natural burial. They can walk you through the process, required permits, and burial site options available in your area.
