You can bury a family member on your own property in Oregon, but the burial is legal only if you own the land, obtain written consent from your local planning commission before any burial takes place, keep permanent records of the grave, and disclose the burial to any future buyer of the property. Those four conditions come from ORS 97.460, and skipping any of them turns a private family burial into a Class B misdemeanor.1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park Beyond the statute itself, you also have to handle the death certificate and a disposition permit, and follow local rules on depth, setbacks, and site conditions.
The Four Conditions in ORS 97.460
Oregon treats any private burial site as a cemetery for regulatory purposes. Under ORS 97.460, you cannot use property for burial unless all four of these are true:1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park
- You own the property. If the land has more than one owner, every owner must consent.
- You have written consent from the planning commission of the city or county with jurisdiction. If no planning commission exists, the governing body of the city or county acts in that role.
- You agree to maintain records of every burial in the form the planning commission requires.
- You agree to disclose the burial when you sell the property. Failure to disclose does not invalidate the sale, but the obligation still exists.
Private family burial grounds are exempt from most of Chapter 97’s commercial cemetery rules, including formal platting and dedication. ORS 97.460 sits outside that exemption, so its four requirements apply to you regardless.2Oregon State Legislature. Oregon Revised Statutes Chapter 97
Getting Planning Commission Approval
This is where the real work happens. Written consent from the planning commission is not automatic, and local zoning ordinances control whether burial is possible on your parcel. Requirements vary widely across Oregon’s 36 counties and dozens of cities. Some jurisdictions run a simple process; others treat it closer to a land-use application with public notice.
Call your county or city planning department before you do anything else. Ask about zoning restrictions on your property, required setbacks from property lines and structures, minimum distance from wells, springs, and streams, and whether they want a survey or site plan. Some jurisdictions require graves to sit at least 100 feet from water sources, but the specific distance depends on local health codes rather than a statewide rule. Oregon’s well-construction rules already impose 100-foot setbacks from certain contamination sources, so expect similar thinking to apply here.
Each planning commission is required to give the Oregon Mortuary and Cemetery Board a list of its requirements for private burial sites, so the rules for your area should be documented and available.1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park
Death Certificate and Disposition Permit
A death certificate has to be submitted to the county registrar within five calendar days of the death and before the burial takes place. No final disposition of remains can happen until that report is filed. The medical certification portion has to be completed within 48 hours by the decedent’s primary or attending physician. If the death requires investigation, the local medical examiner determines cause and manner and signs the medical certification instead.3Oregon Public Law. Oregon Code 432.133 – Mandatory Submission and Registration of Reports of Death
You don’t have to hire a funeral home to do any of this. Oregon defines a “person acting as a funeral service practitioner” to include relatives and friends performing those duties without payment.4Oregon Health Authority. Instructions for Completing a Paper Death Certificate The person who first takes custody of the body is responsible for submitting the death report. The Oregon Center for Health Statistics has a Home Burial Packet with the necessary forms, available by calling 971-673-1190.
Separately, you need a disposition permit before burial. Under ORS 432.158, the person handling the burial has to obtain written authorization for final disposition from the medical certifier or medical examiner. If written authorization can’t be obtained in time, oral consent from the medical certifier, documented on a state form, is allowed.5Oregon Public Law. Oregon Code 432.158 – Disposition of Remains; Rules The permit must accompany the remains. After the burial, complete the permit with the date of disposition and return it to the county registrar where the death occurred. A valid disposition permit from another state carries the same authority as an Oregon-issued one.
Preparing the Body
Oregon does not require embalming. If the body will not be embalmed, the remains have to be wrapped in a sheet. The timing rule that matters most: if you hold the body longer than 24 hours before burial, it must either be embalmed or refrigerated at 36°F or below.6Oregon Public Law. OAR 830-030-0010 – Care of Human Remains
No state law requires a burial vault or outer container for an in-ground burial. Commercial cemeteries can impose their own vault rules, but that doesn’t apply to burial on your own land. A wooden casket, a shroud, or a biodegradable container is all Oregon requires, which makes private burial a natural fit for families interested in green burial.
The Grave Itself
Oregon sets no statewide minimum grave depth, so your local planning commission’s rules control. A depth of 3.5 to 4 feet is a widely followed standard that helps prevent disturbance by animals and supports safe decomposition. Ask your planning commission whether it specifies an exact number.
The main environmental concern is groundwater. Burial produces leachate, and clay-heavy soils filter it more effectively than sandy soils. Studies cited in Oregon guidance suggest these substances generally don’t migrate more than a few feet laterally and don’t pose a risk to groundwater sitting more than four feet below the bottom of the grave. If your property has a high water table or sandy soil, discuss mitigation with your planning department. Avoiding embalming fluids removes the most significant chemical contamination risk. Lining the bottom of the grave with absorbent organic material helps soil microbes break down leachate more quickly.
Records and Property Tax
ORS 97.460 requires you to maintain burial records in whatever form the planning commission prescribes. At a minimum, keep a permanent record of the full name of the person buried, the date of burial, and the exact grave location. The Oregon Mortuary and Cemetery Board’s guidance emphasizes that these records be accurate and permanent.7Oregon Mortuary & Cemetery Board. Death Care in Oregon Fact Sheet: Burial of Human Remains on Private Property
A professional survey isn’t required by state law, but it’s worth the few hundred to roughly one thousand dollars it typically costs. An unambiguous record survives changes in ownership and family memory in a way that a hand-drawn map may not.
Oregon exempts family burial grounds from property tax. Under ORS 307.150, any property used exclusively as a family burial ground is exempt.8Oregon Public Law. Oregon Code 307.150 – Property Used for Burial, Cremation or Alternative Disposition The exemption applies only to the portion of land actually used for burial, not the whole parcel. Contact your county assessor to establish the exemption once the burial is recorded.
Selling the Property Later
Disclosure to any buyer is a legal requirement, not a courtesy. That obligation comes from ORS 97.460(1)(d) and is one of the conditions you accepted when you established the burial site.1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park The statute says failure to disclose doesn’t void the sale, but an undisclosed grave discovered after closing is the kind of thing that generates litigation for fraud or misrepresentation.
Once land is used for burial, that portion of the property is effectively committed. Removing a burial site’s dedicated status under Oregon’s cemetery statutes requires a court order and proof that no remains are interred there, or that remains have been properly relocated with oversight from the Oregon Commission on Historic Cemeteries.2Oregon State Legislature. Oregon Revised Statutes Chapter 97
One more thing to think about before the property changes hands: family access. A new owner is not automatically obligated to let relatives visit the grave. If continued access matters, put a recorded easement in place before selling. Without that instrument, a new owner can lawfully deny entry.
Penalties for Skipping the Rules
Operating a burial ground in violation of ORS 97.460 is a Class B misdemeanor under ORS 97.990(4).9Oregon Public Law. Oregon Code 97.990 – Penalties A Class B misdemeanor in Oregon carries up to six months in jail and a fine of up to $2,500. Burying someone without the required disposition permit violates ORS 432.158 and carries its own potential penalties.
The civil exposure is often worse than the criminal. A future buyer who discovers an undisclosed grave can pursue fraud or misrepresentation claims. Neighbors affected by a burial that violated setback or water-source rules can seek injunctive relief. The planning commission can order remains disinterred and relocated at your expense. These are the predictable consequences of trying to save time by skipping the approval process, and they are far more costly than getting the written consent in the first place.