Before death, one has the decision of what to do with the remains of his/her body. The normal avenues are deciding whether to cremate the body or in which cemetery the body will be buried. There are, however, other choices that can be made. One such decision is to be buried on one’s own property if local laws allow it. Many states are silent on the issue of burial meaning being buried on one’s property is not out of the question in those jurisdictions. Other states, like Nevada, do not completely disallow it, but limit one’s ability to do this.
Nevada allows people to be buried on their own property but limits where such burials are allowed. Under Nevada law, the board of county commissioners may create ordinances that allow burial on private property but only if the county has less than 50,000 people in its population. This part of the law excludes Clark County from allowing burial on private property. In counties where it may be allowed, the area must be designated as a family cemetery and no fee can be collected for family to be buried on the property. Before the first interment in such a cemetery, a family member or representative must notify the Health Division of the Department of Health & Human Services of the specific location of the burial site on the land owned by the family.
Thus, while Nevada law allows for the burial in one’s private property, it is not regulated directly by state law and requirements may vary depending on the county and may not be allowed by county ordinance.
- Attorney Robert Morris