As more people all around the world look for more eco-friendly options that contrast traditional cremation and burial services, green burials have undoubtedly been growing in popularity.
Green burials are specifically designed to minimize the environmental impact of your loved one’s final resting place, and often is often directly related to foregoing things like metal caskets, embalming chemicals and concrete vaults.
In many ways, green burials offer an individual’s natural return to the earth after passing away; however, there are many legal hurdles that families need to keep in mind when going down this path in 2025.
That’s why we’ve developed this article oriented around the legal considerations associated with green burials, including permits, regulations, and other legal requirements that’ll help you and your family avoid complications while planning responsibly.
What Technically Is A Green Burial From A Legal Standpoint?
Green burials technically involve placing an unembalmed body into the ground, while using various biodegradable materials. Some of these materials include things like a wicker casket, a simple shroud, or an untreated wooden box. This process forgoes chemical preservation and vaults, which allows the deceased’s body to naturally decompose.
Although green burials are legal across the vast majority of the United States, it’s important to remember that laws vary by state and even local county and cemetery regulations. This is why families need to do a little extra homework when trying to understand the legal landscape and local rules associated with green burial investments.
Key Legal Considerations For Families To Keep In Mind Regarding Green Burials
There are many different legal considerations that your family might need to consider when preparing green burial services, but here are some of the key legal parameters that apply to most families—regardless of physical location:
- Green Burial Location Regulations
It’s important to remember that not every cemetery provides green burials, and many require embalming or vaults based on company policies or regulations.
What’s interesting is that we’re now seeing a shift in 2025 as more states increase the overall availability of hybrid cemeteries and dedicated green burial grounds.
So, before your family starts making funeral plans, be sure to confirm with your preferred cemetery regarding their specific green burial regulations. It’s also important to double-check and see if a cemetery is certified with the Green Burial Council.
2. Death Certificates & Permits
Just like with any other burial, your family will need to file and obtain a death certificate with your appropriate local authorities. It’s also common for many places to require a disposition permit or burial permit, regardless of whether you’re doing a conventional or green burial.
When it comes to private land burials or burials in rural areas, you may need to address health department permits, property deeds and zoning regulations.
The best thing that families can do is get in touch with their county clerk’s office and local health department to figure out what they need to obtain from a legal standpoint.
3. Home Burials
Home burials have grown a lot in popularity throughout recent years, and this is particularly popular in rural areas where people are more likely to prefer being buried on their properties.
As of today in 2025, around 40 states allow home burials—under specific conditions. Some of the things that people need to keep in mind while planning home burials is a minimum distance from water sources, other homes and property lines for the burial site. It’s also likely that the landowner will need to formally document the burial’s details in the property deed for resale purposes.
But no matter what, families must remember that they’ll need to get in touch with their local health department and follow local zoning laws when preparing a home burial.
4. Properly Transporting The Body
There are also many transportation regulations when families need to remove a deceased loved one’s body from a nursing facility, hospital or out-of-state location to a green burial cemetery location.
Many states will require licensed funeral directors to transport bodies in these scenarios, while other states make it possible for families to conduct this transportation with legal permits.
The good news for families is that many funeral homes offer this type of support to make body transportation easy and less stressful.
5. Embalming Laws
The vast majority of states don’t require embalming services, unless certain circumstances apply like extended delays prior to a burial.
Since green burials usually avoid embalming, it’s important that cemeteries understand this lack of embalming so that they’re doing their own part to guarantee legal compliance.
Green Burials Are Quickly Becoming The Future Of End-Of-Life Ceremonies
There’s no denying how countless families love the eco-friendly, beautiful nature of green burials, and that’s why this type of return to nature is resonating with people all over the world in 2025.
It’s also important for families to understand the many legal requirements that coincide with green burials, including necessary permits and working directly with certified green burial experts.
And as the green burial movement inevitably grows throughout the foreseeable future, so will the many legal requirements that support it!