What States Allow Green Burials: Laws by State

Green burial is legal in all 50 U.S. states. No state explicitly prohibits it. If you’re planning a natural burial, the real questions are about the details: whether you can skip a burial vault, whether you can be buried on private land, and how easy it is to find a green burial provider near you.

What “Green Burial” Actually Means Legally

A green burial skips embalming chemicals, forgoes a concrete burial vault, and uses a biodegradable container (or no container at all) instead of a metal or hardwood casket. The body is placed directly in the earth so it can decompose naturally. No state law requires embalming for a standard burial, and no state law requires a burial vault. That second point surprises most people, because vaults feel like a given at any cemetery. In practice, most conventional cemeteries require vaults as a matter of their own policy to prevent the ground from sinking, but this is a business rule, not a legal one.

The distinction matters. You have the legal right to a green burial anywhere in the country, but you may need to find a cemetery willing to accommodate one. The Green Burial Council currently lists 173 certified providers across the United States, including cemeteries, funeral homes, and cremation providers that meet their environmental standards.

Home Burial Restrictions by State

If your vision of a green burial includes being laid to rest on your own property, that’s where state laws start to vary. Most states allow burial on private residential land, but a handful restrict or effectively prohibit the practice.

Home burials are generally not permitted in Indiana, California, and Washington state. Arkansas, Louisiana, and the District of Columbia also impose significant restrictions. In most of these states, you can technically establish a family cemetery on your own property by filing for a special zoning exception or following specific local regulations. Washington, D.C. is the notable exception, where private land burial is essentially off the table.

In states that do allow home burial, you’ll typically need to:

  • Follow local zoning rules, which often set minimum distances from property lines, buildings, and water sources
  • File a death certificate with the county clerk or registrar
  • Meet depth requirements, usually at least 18 inches of soil covering the top of the container or shroud
  • Act within a set timeframe, as some states require embalming or refrigeration if burial doesn’t happen within 24 to 48 hours

Some states also require a licensed funeral director to handle certain paperwork or the transportation of the body, even if the burial itself is on private land. Checking with your county zoning office is the most reliable way to confirm local rules, since regulations can vary significantly between municipalities within the same state.

Human Composting: A Newer Option

Natural organic reduction, commonly called human composting, is a related but distinct alternative. The body is placed in a vessel with organic materials and allowed to decompose into nutrient-rich soil over several weeks. This is a newer legal category, and unlike traditional green burial, it is not available everywhere.

Washington became the first state to legalize human composting in 2019. Since then, 13 more states have followed: Colorado, Oregon, Vermont, California, New York, Nevada, Delaware, Maine, Maryland, Minnesota, Georgia, and most recently New Jersey, which signed its law in September 2025. Legislative proposals are active in several other states, so this list is expanding steadily.

How Green Burial Costs Compare

Cost is one of the most practical reasons people consider green burial. A traditional funeral with viewing, burial vault, and casket runs roughly $9,995 on average. A green burial typically costs between $500 and $5,000, with an average around $2,597.

The savings come from what you’re not buying. A biodegradable casket or simple shroud costs anywhere from nothing to about $1,500, compared to $2,500 or more for a standard metal casket. You skip the grave liner entirely (saving $750 to $1,000), and a natural grave marker like a native stone or planted tree might cost around $100 versus $2,000 for a traditional headstone. Embalming fees, which typically run several hundred dollars, also disappear from the bill.

Environmental Tradeoffs

Green burial avoids the chemicals used in conventional embalming and eliminates the resource footprint of manufacturing metal caskets and concrete vaults. Natural burial grounds can also function as conservation land, supporting habitat creation and aboveground biodiversity in ways that manicured conventional cemeteries do not.

The picture isn’t entirely one-sided, though. Research published in the journal Soil and Tillage Research notes that while natural burial offers clear benefits for biodiversity and carbon sequestration, there are potential risks including greenhouse gas emissions from decomposition and, in some soil conditions, groundwater contamination. The overall body of research comparing the full environmental footprint of green versus conventional burial is still thin, but the consensus is that avoiding embalming chemicals and non-biodegradable materials reduces the most significant environmental harms of traditional burial.

Finding a Green Burial Provider

Your two main options are dedicated natural burial grounds and conventional cemeteries that offer a green burial section. Dedicated green cemeteries prohibit vaults, embalming, and non-biodegradable markers across the entire property. Hybrid cemeteries set aside a portion of their grounds for natural burials while operating conventionally elsewhere.

The Green Burial Council certifies providers at multiple levels and maintains a searchable map on their website. With 173 certified providers nationwide, coverage is uneven. States with large populations and progressive environmental policies tend to have more options, while rural areas may require some searching. If no certified provider is nearby, many conventional funeral homes will still arrange a green burial at a willing cemetery, even without formal certification. Asking specifically about vault requirements and embalming policies is the fastest way to gauge whether a cemetery can accommodate what you’re looking for.