Yes, you can bury someone on your property in Michigan, provided the person is a family member or descendant of the landowner, you obtain a disposition permit before the burial, and you comply with your local zoning and health department rules. State law recognizes private family burial grounds as a distinct category from commercial cemeteries, so the heavy permitting process that applies to public cemeteries does not apply to a family plot on your own land. What does apply is a patchwork of local ordinances, a handful of specific state statutes, and long-term consequences for the property that most families do not think about until much later.
Family Burial Ground, Not a Cemetery
Michigan’s Occupational Code refers to “the owner of a private burial ground used for the interment of the owner’s family or the owner’s descendents” as a recognized burial arrangement.1Michigan Legislature. Michigan Code 339.1812 – Occupational Code, Funeral Establishments If you are burying relatives on land you own, and you are not selling plots or burial rights to the public, the Cemetery Regulation Act’s commercial permitting requirements generally do not apply.2Michigan Legislature. Cemetery Regulation Act – Act 251 of 1968
That family-use framing is a real boundary. Burying a friend or an unrelated person on your property could push the arrangement into the regulated-cemetery category and trigger the full application process with the state cemetery commissioner. If the person you want to bury is not a relative or descendant, talk to a land-use attorney before doing anything else.
The Permit You Need Before the Burial
Michigan’s Public Health Code requires a burial or disposition permit for human remains regardless of where the burial takes place. You obtain the permit through your local health department or registrar, typically with a licensed funeral director handling the paperwork, and it must be in hand before the burial occurs.
Keep every document. That means the burial permit, a survey or map showing the exact grave location, and any correspondence with local officials. Store them permanently and give copies to whoever might inherit the property. Recording the burial location with the county register of deeds is not required by state statute, but doing so puts future owners and title searchers on notice and can prevent a forgotten grave from being disturbed a generation later.
Local Zoning Decides Whether It’s Actually Possible
Because Michigan imposes few statewide burial requirements, local zoning is where most of the real restrictions live. Requirements differ from one township or city to the next, and in some places a private burial will not be feasible at all.
Common local rules include:
- Zone restrictions that permit private burials only on agricultural or rural-residential land
- Setback requirements from property lines, roads, wells, and structures
- Minimum lot size or acreage thresholds
- Requirements to file burial records with the township clerk or present a permit to a designated official
The Cemetery Regulation Act does not set a statewide minimum acreage for private burial grounds, which leaves the question entirely to local ordinances.2Michigan Legislature. Cemetery Regulation Act – Act 251 of 1968 A quarter-acre suburban lot is unlikely to satisfy setback requirements from neighboring properties, wells, and structures at the same time.
Contact your local planning or zoning department before making arrangements. If the current classification does not allow the burial, you may be able to apply for a variance, but approval is not guaranteed and the process can take months. Getting a definitive answer up front is far better than burying someone and later facing an order to relocate the remains.
What Michigan Does Not Require
Some rules people expect to find in state law are not there. Michigan has no statewide minimum burial depth. It has no state mandate to use a burial vault or outer container, which makes natural burials in a biodegradable shroud or simple casket legally permissible on private property. And despite claims circulating online, Michigan has no statewide setback distance from wells, rivers, or other water sources for private burials.
The absence of state mandates is not a green light. Shallow burials attract animals, and proximity to water sources risks contamination. Most funeral professionals recommend at least three to four feet of soil cover and a reasonable distance from any well. Your local health department or township ordinance may impose actual depth, setback, or container rules, and those local requirements carry the force of law even where the state is silent.
Fencing Required Inside City Limits
If your private burial ground is within city limits, Act 211 of 1911 requires the grounds to be enclosed at all times with a fence and self-locking entry and exit gates. The fence must be strong enough to prevent livestock from entering, language that reflects the statute’s age but remains enforceable. The city council directs the character and construction of the fence, and if the owner fails to build or repair it after written notice, with a compliance window of up to 90 days, the city can erect the fence itself and charge the cost as a lien collected the same way as real estate taxes.3Michigan Legislature. Fencing of Private Cemeteries – Act 211 of 1911 Rural township properties may not face the same state-level obligation, though local ordinances can still impose fencing or marking standards.
Property Tax Exemption for the Burial Portion
Land used exclusively as burial grounds, along with the rights of burial and any tombs and monuments on the land, is exempt from property taxation under MCL 211.7t while reserved and in use for that purpose.4Michigan Legislature. Michigan Code 211.7t – Burial Grounds, Rights of Burial, and Tombs and Monuments
Two limits control the exemption. Only the portion of land actually used and reserved for burial qualifies, so you cannot exempt your entire property because one corner contains a grave. And stock in a corporation owning a burial ground is not exempt; the statute is aimed at genuine burial sites, not investment vehicles.4Michigan Legislature. Michigan Code 211.7t – Burial Grounds, Rights of Burial, and Tombs and Monuments
To claim it, bring your local assessor a survey or map showing the burial area, records of interments, and copies of any permits or local approvals. The assessor determines which portion qualifies and adjusts the taxable value accordingly. The General Property Tax Act provides a framework for apportioning value between exempt and non-exempt portions of a single parcel.5Michigan Legislature. General Property Tax Act – Real Estate Exemptions
What a Grave Does to the Property Later
The decision does not end with the burial. A grave on your land creates lasting consequences for sale, for any future move, and for the family’s control of the site.
Selling Land That Contains a Burial
Michigan does not have a statute specifically requiring sellers to disclose a burial site in a standard real estate transaction. But the presence of human remains is the kind of material fact that, if concealed, could expose a seller to fraud or misrepresentation claims after closing. Disclose it, and record the burial location with the register of deeds before any sale. Expect the site to affect the sale price: buyers worry about restrictions on future development, ongoing maintenance obligations, and the emotional dimension of sharing land with someone’s remains. If long-term preservation matters to your family, consider whether a deed restriction or conservation easement would provide more durable protection than trusting future owners to honor an informal arrangement.
Moving Remains
Any move requires a disinterment and reinterment permit from the local health department in the jurisdiction where the body is buried, and only a licensed funeral director or someone acting in that capacity can apply. The health department keeps the application for at least five years, and a duplicate copy of the permit must be maintained in the permanent records of the burial site. If required consent from next of kin cannot be obtained, you can petition the circuit court in the county where the burial is located for a disinterment order.6Michigan Legislature. Michigan Code 333.2853 – Permit for Disinterment and Reinterment The cost includes funeral director fees, any new burial plot or cemetery charges, and potentially court costs.
Forced Removal by the Township
A private cemetery can be forcibly vacated. Under MCL 128.31, if ten or more township residents file a written complaint with the township board, or the board acts on its own initiative, the township must petition the circuit court to vacate the cemetery. Grounds include neglect or abandonment, public nuisance, impeding the growth of a city or village in the township, or endangering the health of nearby residents.7Michigan Legislature. Michigan Code 128.31 – Removal of Private Cemetery If the court orders the cemetery vacated, a certified copy of the order is recorded with the register of deeds, and the township board arranges for all remains to be reinterred in the township cemetery or a suitable cemetery in an adjoining township.8Michigan Legislature. Michigan Compiled Laws Chapter 128 Once the court acts, the property owner no longer controls the site.
Do Not Move a Grave Yourself
Michigan treats unauthorized disturbance of human remains as a felony. Under MCL 750.160, anyone who digs up, removes, or carries away a human body or its remains without lawful authorization faces up to ten years in prison or a fine of up to $5,000, and anyone who assists faces the same penalties. The only exceptions are for licensed professionals performing necessary embalming procedures, postmortem examinations, and representatives of scientific institutions removing prehistoric remains with the landowner’s written consent.9Michigan Legislature. Michigan Code 750.160 – Disinterment of Dead Bodies Owning the land does not give you the right to disturb a lawfully interred grave on it. Even on your own property, the disinterment permit from the local health department comes first.