Green Burials

Background

In recent years, there has been increased interest expressed in home and green burials in Massachusetts. A home burial means burying a person on privately owned residential property that is not an approved cemetery. Home burials are not prohibited by state law, but the decedent’s family must first obtain written approval from the local BOH and the local governing body. A home burial is only possible if the property is under the control of the decedent’s family. Finally, those who do a home burial will need to note the burial on the deed for that property where the body is buried before the property can be transferred, as a home burial is likely to be viewed as a encumbrance on the land.

A home burial can also be a green burial. A “green” burial or natural burial is a method of final disposition of a body with fewer environmental impacts than traditional burial. Generally, a green burial means that the body is not embalmed, no metal or hard wood are used to make the casket, no gravel liner or vault are used, and a low-profile grave marker is used or no marker at all.

The potential for bacteria, viruses, and other microorganisms from human remains to reach groundwater and infect other people appears to be the greatest source of public health concern associated with burials. Research indicates though microorganisms can remain viable and transportable for many years following a burial, they are eventually attenuated by soils and lose viability. However, the fact that these organisms can remain viable for some time highlights the importance of siting burials in hydrogeologically appropriate areas. flowers


Green Burial User Guide: Guide   

Approval Process for Home Burials

  1. Initial Consultation: 
    • Families must consult with the local Board of Health (BOH) to understand specific local regulations and requirements.
  2. Written Approval: 
    • Obtain written approval from both the local BOH and the local governing body before proceeding with the burial (Mass.gov).
  3. Site Evaluation: 
    • Location Restrictions: The burial site must not be located in areas where surface or groundwater drainage could contaminate water supplies, including ponds, streams, wells, and public water sources (Mass.gov).
    • Water Protection Setbacks: Ensure the burial site is at least 100 feet from the high-water mark of any public water source or tributary unless written approval is obtained from the affected Public Water Supply (PWS) (Mass.gov).
    • Flood Zones: The site should not be within FEMA Velocity Zones or within the 100 or 500-year flood zones to prevent regular flooding of the burial site (Mass.gov).
  4. Geological Assessment: 
    • A geologic evaluation must be conducted to determine the estimated seasonal high groundwater level (ESHWT) and ensure a minimum of 3 feet separation between the burial excavation bottom and the ESHWT (Mass.gov).
    • Soil profiles should be described to a depth of 4 feet to assess suitability (Mass.gov).
  5. Site Plan Submission: 
    • Families must submit a detailed site plan indicating the location of the burial plot in relation to property boundaries, wetlands, ponds, rivers, streams, runoff, and nearby wells (Mass.gov).
    • The plan should include setback distances from all water sources and demonstrate compliance with state and local regulations (Mass.gov).
  6. Grave Preparation: 
    • Ensure the body is buried at a minimum depth of 3.5 feet from the top of the casket or body to the ground surface, with at least 3 feet of soil covering the body (Mass.gov).
    • The slope of the burial site should not exceed a 3:1 ratio to prevent erosion (Mass.gov).
  7. Marker and Record-Keeping: 
    • Low-profile grave markers or natural markers are recommended to maintain the site's natural appearance.
    • The burial must be recorded on the property deed, noting the existence of the burial site before any property transfer, as it may be viewed as an encumbrance on the land (Mass.gov).
  8. Compliance with Local Bylaws: 
    • Local BOHs should review any additional local bylaws or regulations that may impose more restrictive conditions on burials, such as water supply protection bylaws (Mass.gov).

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