Burial on Home Property in New Hampshire

Burial on home property is legal in NH. The following steps are all that are required.

State requirements (RSA 289) include:
  • Must be a relative—you are creating a private family, not a public, cemetery.
  • Must be recorded on the property deed upon transfer (real estate disclosure when the property is sold).
  • Must provide a public right of way (a handwritten map with a parking spot, walking trail, and the gravesite marked on it is sufficient).
  • Must be located 100' from any dwelling, store, school or business.
  • Must be located 50' from known water sources and state highways.
  • Must comply with local zoning ordinances.
  • May be reported to the Municipal Cemetery Trustees as a courtesy.
 
Process for Filing Paperwork to Bury on Private Land
  • A completed and signed death certificate must be acquired from the medical authority in charge.
  • With the medical portion complete, the next-of-kin may complete the demographic portion and sign as the director in charge.
  • The death certificate is then taken to the Town Clerk in the town where the death occurred within 36 hours the death.
  • There is no cost to filing directly with a Town Clerk.
  • The data from the death certificate is then entered into the State's Electronic Death Registration System (EDRS) at the Department of Vital Statistics by the Town Clerk; copies may be obtained at any time thereafter at any Town Clerk's office.
  • Once filed, a burial/transport permit will be issued; this paper gives next-of-kin authority to transport the body and must run with the body if it is transported to locations other than where the person died.
  • Once the burial has occurred, the permit is signed by next-of-kin acting as a funeral director and filed with the Town Clerk within 6 days of burial.
  • A funeral director may also be hired to handle and file the paperwork. A funeral director can also file it with the Town Clerk after burial for a fee.
  • Social Security must be contacted within 30 days of the death.
 
Tips:
  • If the grave is wet, dig a small trench at the foot or contour the center to slope to the sides for the water to pool.
  • Line the grave with lengthy sticks or branches, and cover with evergreen boughs or other organic matter to create an oxygen trap and space to remove lowering ropes or straps.
  • Place wide planks or other structure along the grave sides for pallbearers to stand on when lowering.
  • Bury around the 3.5 foot level, with 18 inches of soil above the chest or casket top.
  • The grave may be approached from the top with pallbearers lowering once they have arrived at either side of the grave. OR
  • Rails may be placed across the grave with ropes prior to placing the casket or shrouding board over them. Once the ropes are lifted, the rails are removed, and the casket/shroud is lowered. The board may be retrieved along with the ropes.
  • Add the rest of the displaced soil to create a mound—it will settle over time.
  • Winter burials are possible if time is taken to remove snow and thaw the ground sufficiently with coal fires, heaters, solar covers, or other methods.
  • For more details, read On the Way to the Green Burial Cemetery: A Guide for Families