Home Burial

If you have sufficient land, it may be possible to have a green burial on your own property. The steps to approve a family burial ground are similar to the steps to approve any cemetery in Massachusetts.

All burials must follow Massachusetts General Laws regarding disposition of remains:

• M.G.L. Ch. 114 Section 34 Use of land for burial; new cemeteries or extensions; approval of board of health; description of land
• M.G.L. Ch. 114 Section 35 Lands to be used for burial
• M.G.L. Ch. 114 Section 43A Ownership, maintenance and operation of cemeteries, private profit
• M.G.L. Ch. 114 Section 43M Permanent disposition of dead bodies or remains
• as well as The Massachusetts Drinking Water Regulations (310 CMR 22) to protect the public water supply.

The following is a sample overview of the process that a homeowner must undertake. You should check with your local Board of Health for specific requirements for home burial.

• Commission site plan including property line setbacks and setbacks to all known wells/bodies of water in the immediate area (200 feet)
• Hire certified soil evaluator for minimum one test hole
• Hire engineer to create hydrogeology site plan
• Submit site plan and burial description to local Board of Health for a hearing
• If Board of Health approves, letter of approval is sent to Massachusetts Department of Environmental Protection along with site plan and burial description
• If MassDEP approves, letter of approval, along with previous documents, are submitted to city or town government
• If municipal government approves, all documents are submitted to the Registry of Deeds
• Owner of the land would need to comply with requirements to establish a cemetery corporation