Pet Burial Laws by State: Complete 2024 Guide

By Tuckerly Legal Research Team15 min read

⚖️ Legal Disclaimer

This guide provides general information about pet burial laws as of 2024. Laws change frequently and local ordinances may differ. Always consult your local health department, zoning office, or an attorney for the most current regulations in your specific area before burying a pet.

When a beloved pet passes away, many families want to bury them at home where they can visit and remember them. But is it legal to bury your pet in your backyard? The answer depends on where you live. This comprehensive guide covers pet burial laws for all 50 states, plus important considerations for safe and legal home burial.

Quick Answer: Can I Bury My Pet in My Backyard?

Generally YES in rural areas on your own property

⚠️ Often NO in cities due to local ordinances

Never allowed on public property or someone else's land

📞 Always check with your local health department first

Pet Burial Laws by State

StateBackyard BurialKey Restrictions
AlabamaYes*No state law prohibits; check local ordinances
AlaskaYesAllowed on private property
ArizonaYes*Check city/county regulations
ArkansasYesAllowed on private property
CaliforniaNo*Illegal in most cities; rural areas may allow
ColoradoYes*Local ordinances vary
ConnecticutYes*Must be 100ft from water source
DelawareYes*Check local health department
FloridaYes*Not within 150ft of water source
GeorgiaYesAllowed on private property
HawaiiYes*Check county regulations
IdahoYesAllowed on private property
IllinoisYes*Chicago prohibits; check local laws
IndianaYesAllowed on private property
IowaYesAllowed on private property
KansasYesAllowed on private property
KentuckyYesAllowed on private property
LouisianaYes*New Orleans prohibits; check local
MaineYesAllowed on private property
MarylandYes*Baltimore prohibits; check local
MassachusettsYes*Boston area restricted; check local
MichiganYes*Must be 2ft deep minimum
MinnesotaYes*Minneapolis/St. Paul restrict
MississippiYesAllowed on private property
MissouriYesAllowed on private property
MontanaYesAllowed on private property
NebraskaYesAllowed on private property
NevadaYes*Las Vegas prohibits; check local
New HampshireYesAllowed on private property
New JerseyYes*Many cities prohibit; check local
New MexicoYesAllowed on private property
New YorkNo*NYC prohibits; upstate varies
North CarolinaYes*Charlotte restricts; check local
North DakotaYesAllowed on private property
OhioYes*Major cities restrict; check local
OklahomaYesAllowed on private property
OregonYes*Portland restricts; check local
PennsylvaniaYes*Philadelphia prohibits; check local
Rhode IslandYes*Providence restricts; check local
South CarolinaYesAllowed on private property
South DakotaYesAllowed on private property
TennesseeYes*Nashville restricts; check local
TexasYes*Major cities vary; check local
UtahYes*Salt Lake City restricts
VermontYesAllowed on private property
VirginiaYes*Northern VA restricts; check local
WashingtonYes*Seattle prohibits; check local
West VirginiaYesAllowed on private property
WisconsinYes*Milwaukee restricts; check local
WyomingYesAllowed on private property

* Yes* = Allowed with restrictions; No* = Generally prohibited but may have exceptions

General Requirements for Legal Pet Burial

Depth Requirements

  • • Minimum 2-4 feet deep (varies by state)
  • • Deep enough to prevent scavengers
  • • Below the frost line in cold climates
  • • Cover with rocks or pavers for protection

Location Requirements

  • • 100-150 feet from water sources
  • • Away from utility lines (call 811 first)
  • • Not in flood-prone areas
  • • Your own property only

Health & Safety Rules

  • • No pets that died from contagious diseases
  • • No chemically euthanized pets in some areas
  • • Use biodegradable materials only
  • • Document burial location

Urban vs Rural

  • • Cities often prohibit entirely
  • • Rural areas generally more permissive
  • • HOAs may have additional restrictions
  • • Apartment/rental properties prohibited

Legal Alternatives to Backyard Burial

1. Pet Cemeteries

Professional burial grounds specifically for pets with perpetual care.

Cost: $500-$5,000 depending on location and services

2. Pet Cremation

Private or communal cremation with option to keep or scatter ashes.

Cost: $50-$350 depending on pet size and type

3. Aquamation (Alkaline Hydrolysis)

Eco-friendly water-based alternative to cremation.

Cost: $150-$400, available in select states

4. Natural/Green Burial Grounds

Environmentally sustainable burial options for pets.

Cost: $200-$1,000, limited availability

How to Check Your Local Laws

Follow these steps to ensure compliance:

  1. 1.
    Call your local health department

    Ask specifically about pet burial regulations

  2. 2.
    Check city/county zoning ordinances

    Many are available online or at city hall

  3. 3.
    Contact your HOA (if applicable)

    Review CC&Rs for additional restrictions

  4. 4.
    Call 811 before digging

    Free service to mark utility lines

Frequently Asked Questions

Can I bury my pet if I'm renting?

No, you need property owner permission. Most landlords prohibit pet burial on rental properties.

What if my pet was euthanized?

Some states restrict burial of chemically euthanized pets due to pentobarbital contamination risks. Check with your vet about the specific drugs used.

Can I bury multiple pets together?

Yes, if individual burial is allowed, multiple pets can typically be buried together following the same regulations.

What about pet burial containers?

Use only biodegradable materials. Avoid plastic or metal containers. Natural fiber shrouds or wooden boxes are best.

Do I need to report the burial?

Most states don't require reporting home pet burial, but some cities do. Always verify local requirements.

Making the Right Choice

While many states allow backyard pet burial, local regulations often override state law. Urban areas typically have stricter rules than rural locations. Before making any decisions:

  • Verify current local regulations
  • Consider future property plans
  • Think about environmental impact
  • Explore all available options
  • Document your pet's final resting place

Remember: The most important thing is honoring your pet's memory in a way that brings you comfort while respecting legal requirements and environmental considerations.

Create a Beautiful Online Memorial

Whether you choose burial, cremation, or another option, preserve your pet's memory forever with a free online obituary.

Create a Free Memorial