How Does Green (Natural) Burial Work in the US?
Last updated 29 September 2026 · 6 min read
Direct Answer
Green burial is legal across the US, and federal consumer rules make it easier than many families expect. Under the FTC Funeral Rule, no state law requires routine embalming, and no state law requires an outer burial container or vault, although many conventional cemeteries require one, which is why green burial usually happens at a cemetery that permits vault-free graves. The Green Burial Council certifies cemeteries at three levels: hybrid (a green section in a conventional cemetery), natural, and conservation (land permanently protected by a conservation easement). Other rules are set by each state, including whether a family can manage a burial without a funeral director and whether burial on private land is allowed, so the details depend on where the burial happens.
Detailed Explanation
This page covers the US. For what natural burial is and how it compares with conventional burial and cremation in general, start with what is a natural burial.
In the US the usual term is green burial, and it's defined mainly by what it leaves out. A conventional American burial commonly involves embalming, a metal or hardwood casket, and a concrete vault or grave liner around the casket. A green burial leaves all three out: no toxic embalming, a biodegradable casket or shroud, and the container placed directly in the soil.
What federal law says: the FTC Funeral Rule
Funeral homes in the US are covered by the Federal Trade Commission's Funeral Rule, and several of its provisions matter directly for green burial:
- Embalming is not required by law. The FTC says no state law requires routine embalming for every death, and refrigeration is often an acceptable alternative. A funeral home must have permission before embalming and can't charge for it without that consent. Embalming may be needed for some choices, such as a public viewing, and a funeral home may have its own policy on that.
- Vaults and grave liners are not required by state law. The FTC states that outer burial containers are not required by state law anywhere in the US. Many conventional cemeteries require them to keep the ground level, which is the main reason green burial needs a cemetery or section that allows vault-free graves.
- The family can supply the casket. A funeral home can't refuse a casket bought elsewhere or charge a fee for handling it.
- Itemised prices. The funeral home must provide a General Price List so a family can buy only what it wants rather than a package.
These are federal protections covering funeral homes; they don't dictate what an individual cemetery allows.
Green Burial Council certification
The Green Burial Council (GBC), a non-profit, certifies cemeteries at three levels under standards last revised in 2019:
| Level | What it requires |
|---|---|
| Hybrid cemetery | A green section in a conventional cemetery. No embalming except with GBC-approved non-toxic fluids; no vaults, liners or concrete in the plot; only biodegradable containers and shrouds. |
| Natural burial ground | All hybrid requirements, plus an ecological impact assessment, protection of sensitive areas, limits on markers, and an average burial density of no more than 500 per acre. The ground must be protected by a deed restriction, conservation easement, or similar binding agreement. |
| Conservation burial ground | All of the above, plus at least 20 acres conserved or restored (or 5 acres if next to other protected land), an average density of no more than 300 per acre, and a government agency or non-profit conservation organisation legally responsible for enforcing the easement in perpetuity. |
Certification is voluntary. Plenty of cemeteries offer green burial without being certified, so the absence of a GBC label doesn't mean a ground isn't green. Asking a cemetery which of these requirements it meets is a quick way to compare.
State rules differ
Beyond the federal rules, burial is regulated state by state, and sometimes county by county. The differences that most often matter for green burial:
- Whether a family can act without a funeral director. In most states a family, community or religious group can care for the body, file the paperwork, and carry out the burial themselves. According to the Funeral Consumers Alliance, nine states restrict this and effectively require a funeral director for some or all steps: Connecticut, Illinois, Indiana, Iowa, Louisiana, Michigan, Nebraska, New Jersey, and New York.
- Burial on private land. Many states allow it, subject to state and local rules on location, setbacks, and recording the grave. Local zoning can rule it out even where state law allows it.
- Time limits and refrigeration. Some states set time limits after which a body must be refrigerated or embalmed before burial. The funeral director or state health department can confirm the rule where the death occurred.
- Other methods. Human composting (natural organic reduction) and water cremation (alkaline hydrolysis) are legal in some states and not others, so availability depends on the state.
Costs
Green burial prices vary widely by region and cemetery type. The savings that are fairly consistent are the ones the FTC rule makes optional: no vault or liner, no embalming, and a simpler casket or shroud. The plot itself may cost more or less than a conventional plot, and conservation grounds sometimes price plots to fund land protection. The funeral home's General Price List and the cemetery's own price list are the basis for any real comparison.
Things to Consider
- Ask the cemetery, not just the funeral home. The Funeral Rule governs funeral homes; the cemetery's own rules decide whether vault-free burial, shrouds, and family participation are allowed.
- Check the state rules early, especially in the nine states that require a funeral director, or if a home burial is being considered.
- Use the General Price List. Decline embalming and the vault explicitly, and check they aren't included in a package.
- Record the grave's location. Green burial grounds often have no upright headstones. Keep the GPS point or plot reference, and consider adding it to an online memorial so family across the country can find it.
Common Mistakes
- Believing embalming or a vault is legally required. Neither is required by state law for an ordinary burial; if someone says otherwise, ask them to name the rule.
- Assuming a "green" section is fully natural. A hybrid section in a conventional cemetery is a real improvement, but it's different from a conservation ground with permanently protected land.
- Buying a shroud before checking the cemetery. The funeral home must accept it, but the cemetery may not.
- Assuming one state's rules apply in another. Rules on funeral directors, home burial, and body care differ from state to state.
Frequently Asked Questions
- Can a funeral home refuse a shroud or a casket bought elsewhere?
- Under the FTC Funeral Rule, a funeral home can't refuse to handle a casket bought online, from a local store, or made by the family, and it can't charge a handling fee for doing so. The same principle applies to a burial shroud or simple biodegradable container supplied by the family. Whether the cemetery accepts a shroud is a separate question, set by the cemetery's own rules, so it's worth confirming with the burial ground before buying one.
- Is home burial legal in the US?
- In many states it is possible, but it's regulated by state law and by county or city zoning and health rules, and the requirements differ widely. Common conditions include setbacks from water supplies and property lines, recording the burial location with the deed, and, in many states, obtaining a burial or burial-transit permit alongside the death certificate. Some states restrict it further; Nebraska, for example, requires a funeral director to be present for burial on home property. The county health department or planning office is the practical starting point.
References
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