Is Green Burial Legal? Navigating Eco-Friendly Burial Laws

As individuals seek more environmentally friendly ways to honor their loved ones, the concept of green burial has gained significant attention. The idea of a green burial, which aims to minimize the environmental impact of burial practices, raises questions about legality, regulations, and options available within the United States. This article delves into the legal landscape of green burials, focusing on green burial laws, state-specific regulations such as in Minnesota and Arizona, and the broader implications of choosing an eco-friendly burial option.

Understanding Green Burials

Green burial is a method of laying someone to rest in a way that has minimal environmental impact. This eco-friendly approach to death care eliminates the use of embalming fluid, metal caskets, and limits the use of concrete vaults, opting instead for biodegradable, green burial products and natural processes. The practice aligns with the philosophy of conservation burial, which not only reduces the carbon footprint but also contributes to land conservation efforts.

Legal Framework of Green Burials

Green burials are legal across the United States but certain codes and rules vary by state law. While traditional burial practices often involve embalming, burial vaults, and concrete vaults, green burial laws allow for more natural alternatives. These laws are designed to ensure that the burial of human remains is done in a manner respectful to both the deceased and the environment.

Is Green Burial Legal in Specific States?

• Is Green Burial Legal in MN?
  Yes, green burial in Minnesota is legal. The state allows for natural burials, where the body is not embalmed and can be buried in a biodegradable coffin or shroud. Minnesota hosts several green cemeteries and allows hybrid cemeteries, which accommodate both traditional and green burials.
• Is Green Burial Legal in AZ?
  Snow birds might like to know that Arizona also permits green burials. The state's regulations support eco-friendly burial practices, including the use of biodegradable materials and the option to forgo embalming. This makes Arizona an accommodating place for those wishing to opt for a green burial.

Green Burial Options

Green burials can take place in green cemeteries, hybrid cemeteries, or even traditional cemeteries that offer a version green services. These cemeteries generally eschew the use of non-biodegradable burial vaults, instead opting for natural materials that break down over time.

• Hybrid Cemetery: A hybrid cemetery is one that offers both conventional and green burial options. This allows individuals to choose a burial that aligns with their environmental values without having to seek out specialized locations.
• Conservation Burial: Conservation burials are a subset of green burials with an emphasis on land preservation. These burials take place in protected areas, where the burial site contributes to conservation efforts. There is work currently being done in Minnesota to establish the first true conservation burial site.

Is Green Burial Illegal in Minnesota Now?

Because of a green burial law that passed in Minnesota in 2022 some people think that green burial is illegal in MN, which is incorrect. As part of the Omnibus bill that passed in 2023 there was a small piece of legislation with a bigger impact, but it did not make green burial illegal in Minnesota. What it did do is create a moratorium on new green burial cemeteries through 2025 when the law is set to expire.

Why Did the Moratorium Happen?

A small group of citizens in Northern Minnesota were upset about a green burial cemetery being established in their community and their concerns turned into legislation requiring the state to fund and study the impact of all-natural burial. It also prohibited any new green cemeteries or conservation burial grounds until July 2025. Being that green burial was the form of disposition for every interred human in history until embalming became popularized during the Civil War, we’re confident that allowing a body to naturally return to the Earth will be found to be safe.

The Funeral Rule

In 1984, the U.S. Federal Trade Commission implemented the Funeral Rule, which underwent updates in 1994. This regulation grants individuals arranging funeral services access to transparent and uniform pricing information for all funeral-related goods and services. A key aspect of ensuring pricing transparency is the mandate for funeral providers to maintain and provide a General Price List to any customer in discussions about costs. This list is crucial as it guarantees the pricing provided is consistent across all families served by the funeral provider.

The Funeral Rule mandates that consumers receive precise, detailed pricing information along with various disclosures concerning funeral goods and services. Furthermore, it sets forth prohibitions against funeral care providers, including: “misrepresenting legal, crematory, and cemetery requirements; embalming for a fee without permission; requiring the purchase of a casket for direct cremation; requiring consumers to buy certain funeral goods or services as a condition for furnishing other funeral goods or services; and engaging in other deceptive or unfair practices.” What that means for green burial is that under normal circumstances, a funeral home cannot require embalming or the purchase of a vault, however a cemetery can require the use of an outer burial container.

Can I Bury Someone In My Yard?

It depends on local ordinances and how much work you’re willing to do. In Minnesota, if you want to bury a human body on private land, that land has to be identified as cemetery property in perpetuity. This also means that cemetery land would need to a permitted land use in your city’s code and also that specific funding needs to be set aside to maintain that cemetery land in perpetuity.

Role of Funeral Directors

Qualified local funeral homes play a pivotal role in facilitating green burials. A knowledgeable funeral director can guide families through the eco-friendly green burial options, including the use of dry ice as an alternative to embalming fluid and the selection of biodegradable materials. In particular funeral home that are certified by a trusted third-party are well versed in natural burial laws can ensure that all practices comply with state regulations while honoring the wishes of the deceased and their families. Interra Green Burial by Mueller Memorial is certified by the national Green Burial Council and earned the Green Burial Practices Award from the National Funeral Directors’ Association.

Environmental Impact

One of the primary motivations for choosing a green burial is the reduced environmental impact. Traditional burial practices, which often involve embalming fluid and concrete vaults, can impact the environment and affect the practitioners who use these fluids. Green burials eliminate these concerns, offering a burial option that returns the body to the earth in a natural state. This practice supports the ecological cycle and reduces the carbon footprint associated with death care.

Green Burial in Minnesota (MN)

Green burial Minnesota has become a notable example of how state law accommodates and regulates eco-friendly burial practices. The state's natural burial laws allow individuals to have a green or natural burial, emphasizing the importance of sustainable death care options. Most funeral homes in Minnesota, have yet to realize that offering services that comply with green burial standards, meets the needs of those interested in more choice and in eco-friendly burials.

Conclusion

The legality of green burials in the United States is supported by rights established in both state and federal laws. These laws enable individuals to honor their loved ones in a way that aligns with environmental values and conservation efforts. As awareness of the environmental impact of traditional burial practices grows, so does the interest in green burials. With the support of funeral directors, green cemeteries, and eco-friendly burial laws, it is possible to choose a burial option that is both respectful to the deceased and beneficial to the planet. Whether opting for a green burial in Minnesota, or any other state, individuals now have the opportunity to make a choice that contributes positively to the environment and leaves a lasting legacy of stewardship and respect for the earth.