Can you bury the dead in your backyard? What Florida law says about pets. Humans, too
If you want your departed dog or cat to stay close, you can bury the pet on your property.
But before you get to work, know this: Animal activists don’t recommend DIY when it comes to digging a grave for your canine companion or feline friend. And Florida law regulates how you go about things.
Here’s what to know:
Pet burials in Florida
Burial rules: The Florida statute reads: “Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground.”
Public property: Don’t even think about a public space, though. According to the state “it is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird.”
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Preparation: The Broward Bark blog says that you should wrap the animal’s body in plastic or a blanket but suggests you ought to turn to professionals like a veterinary or animal hospital service for the burial chore.
Disposal: The Florida Department of Environmental Protection has guidance on how to properly “dispose” of your pet. Among the details: In addition to the burial at least 2 feet below the ground’s surface, the body should be above the water table.
Guidance: “It is not recommended to bury your dog in your backyard in Broward County, or any other location,” Broward Bark writes. “In most places, it is illegal to bury dogs in residential areas, and it can also pose a health risk to other animals and humans. Instead of burying your dog in your backyard, you can have them cremated or buried at a pet cemetery.”
Human backyard burials
Can you bury a human loved one in Florida?
Here’s what to know:
Florida law: There is no state law that prohibits burying a family member on your property, according to Florida’s Division of Funeral, Cemetery and Consumer Services.
Burial spaces: Florida statute lets families establish cemeteries of less than two acres that do not sell burial spaces or burial merchandise, according to Florida Statutes 497.260.
KNOW MORE: Can you scatter human ashes anywhere you want in Florida? The law may surprise you
What to know about home burials
But before you start plotting the yard space and inviting the family to gather and say some words know this:
“Local ordinances and rules should be consulted to determine if this type of burial is permitted,” Florida’s Division of Funeral, Cemetery and Consumer Services note.
“Before burying a body on private land or establishing a family cemetery, be sure to check local zoning rules,” adds Nolo.Com.
In addition, a licensed funeral director may be required to be present at the burial, the state’s division of funeral services says. And a burial-transit permit may also be required in accordance with Florida Statutes 382.006. “A funeral director who first assumes custody of a dead body or fetus must obtain a burial-transit permit before final disposition and within five days after death,” according to the statute.
Two things to keep in mind:
Your home destination should “provide adequate access to allow for family members to visit the burial spaces,” according to the Florida division, but especially, “the future sale of the property should also be considered as purchasers may be leery of buying property where human remains have been buried.”
This story was originally published October 5, 2023 at 11:05 AM.
