Can you bury a relative at home in your backyard in Florida? Here’s what state law says

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If you are considering a home burial for a loved one, it's important to know the law regarding buring someone on your property or scattering the ashes.

Home burial laws in Florida

In Florida, it is legal to bury someone on your property. However, there are some rules that must be followed.

Florida permits families to establish cemeteries if they are smaller than two acres and do not sell burial spaces or merchandise, according to Florida Statutes 497.260.

You must verify local zoning regulations before creating a family cemetery or burying a body on private property.

The state's division of funeral services states that attendance at the burial may be mandatory for a licensed funeral director. Furthermore, Florida Statutes 382.006 may also require a burial-transit permit. As stated in the act, "a funeral director who initially takes charge of a dead body or fetus must obtain a burial-transit permit before final disposition and within five days after death."

The Florida division states that, in addition to "allowing adequate access to allow family members to visit the burial spaces," your home destination should also "account for the future sale of the property as purchasers may be reluctant to buy property where human remains have been buried."

Where can you store or scatter ashes after cremation in Florida?

The law allows for the ashes to be scattered in many places in Florida under some circumstances that must be met.

1. Scattering ashes in an established scattering garden

A lot of cemeteries have gardens where ashes can be scattered. Ask the cemetery for more details if this interests you.

2. Scattering ashes on private land

Ashes may be scattered on your own personal property. It's advisable to obtain permission from the landowner if you wish to disperse ashes on their private property.

3. Scattering ashes on public land

Before scattering ashes on nearby public land, such as a city park, you might want to check zoning laws and regulations with the county and the city. But a lot of people just do as they like, using their own discretion as a guide.

4. Scattering ashes at sea

Cremated remains must be dispersed at least three nautical miles from land in accordance with the federal Clean Water Act. Should the container not break down readily, you will need to get rid of it separately. Scattering on beaches or in wading pools near the ocean is prohibited by the EPA. Lastly, if you disperse ashes at sea, you have 30 days to tell the EPA.

Scattering in inland waters, such as rivers and lakes, is likewise governed by the Clean Water Act. You might legally need to get a permit from the state organization in charge of overseeing the canal in order to bury someone in inland water.

5. Scattering ashes by air

Although there are no state regulations pertaining to this topic, federal aviation laws forbid dumping any material that could endanger persons or property. Cremains are not regarded as hazardous materials by the US authorities; as long as the ashes are taken out of their container before being scattered, everything should be good.