Backyard burial? In Pa., it's likely legal
Posted: March 3, 2014 - 1:07pm
Backyard burial? No state law forbids it
MEGAN SPERLING, Butler Eagle
BUTLER, Pa. (AP) -- The idea of "green burials" is becoming more popular, and because of this, people are more aware that it is legal to bury their loved ones on their own property.
"There is no law in Pennsylvania against burying on private property," said Kathleen Ryan, general counsel and chief operating officer of the Pennsylvania Funeral Directors Association.
Since Pennsylvania allows burial on private property, restrictions are left up to ordinances by counties and municipalities. Many townships have ordinances for cemeteries, but this does not include burial on private property.Burial on family farmHilma Salamone of Brady Township buried her husband, Vito, in December on their family farm.
"I wanted him buried here. My son is also buried here," Salamone said.
She pointed out that when she was in her early 20s, she helped her husband, who was a grave digger.
"I used to dig graves and saw how some cemeteries took care of them, and I decided I wanted to be buried on my own property," she said.
To be buried at home, the same paperwork is filled out as if the family was burying the person in a cemetery.
"I had to have a burial certificate and turn in a burial form," Salamone said.'Depth of grave' limitWhile burials are primarily a local matter, the state does have some regulations that must be followed.
According to the Information on State Laws and Regulations Governing Cemeteries in Pennsylvania, "The burial, regardless of whether in an established cemetery, the backyard, or the family farm must comply with the state's 'depth-of-grave' requirements."
People may be familiar with the 6-foot deep graves used by most cemeteries. However, that is not the depth requirement from the state.
According to the Information on State Laws and Regulations Governing Cemeteries in Pennsylvania, "If there is not an outer case, and there is just a coffin or just the body with no coffin, then the item buried must be deeper than 2 feet from the natural surface of the ground."
Cemeteries bury caskets deeper than the regulations because of the heavy machinery they use to dig graves and to maintain lawns. There also is the issue of the ground freezing and thawing in the winter, which causes caskets in the ground to be pushed to the surface.Possible problem laterBurying a loved one on family property is not for everyone, especially if the property is sold later.
It's hard to sell property with graves. Anyone who buries a loved one on his property has to have it recorded on a deed. That may make the property value decline.
Also, if the family moves often, they would have to pay to move their loved ones to a new location.
Those costs can be in the thousands of dollars, according to Young.
"It's usually double the cost to relocate than it was to bury originally," he said.