Understanding the Right to Be Buried on Your Own Property

The idea of being buried on personal property is rooted in the desire for a final resting place that holds personal significance. While the concept might seem straightforward, it is crucial to consider the legal implications before proceeding.

Overview of Burial Laws in New Jersey

In New Jersey, burial laws are strict, and the state highly regulates where and how burials can occur. The main concern is ensuring the health, safety, and welfare of the public. This includes preventing contamination of water sources and protecting the environment.

Private Property Burials

It is generally illegal to bury a body on private property in New Jersey. State law requires that burials take place in a dedicated cemetery, which is a space specifically designated for the interment of human remains. Establishing a family cemetery on private land is not a straightforward process and requires adherence to rigorous zoning laws and environmental regulations.

Permits and Regulations

If you wish to bury a loved one on your own property, you would need to apply for special permits, which are rarely granted. This process involves securing approvals from local health departments, zoning boards, and possibly the Department of Environmental Protection. Additionally, you would need to prove that the burial site would not pose any risk to the surrounding community or environment.

Conclusion

Due to the stringent regulations, private property burials in New Jersey are not a feasible option for most residents. It is important to consult with legal and environmental professionals before considering such an undertaking.