Home / Funerals & Memorials / Funeral Regulations for Compliance with State & Federal Laws

Funeral Regulations for Compliance with State & Federal Laws

By: Richard Stockton • Edited by: Katelynne Shepard • 4 cited sources • Updated Oct 14, 2024

Planning funerals, memorials, and cremations is complex on a level that people outside the industry rarely appreciate. It calls for, among other things, a close and careful understanding of the sometimes tricky legal and regulatory requirements^[1,2]. The process has to respect both the deceased and their survivors, follow state and federal laws to avoid legal complications, and help families get a sense of closure^[3]. This guide explores myriad legal aspects of funeral planning, including an overview of state and federal regulations, to help you develop your practice in a way that’s as lawful as it is respectful toward the deceased.

Key Takeaways

• Getting to know the laws governing funerals, burials, and cremations in your specific state and at the federal level matters to professionals at every level.
• Proper permits and legal documents are necessary for all funeral-related activities, from burial to cremation and memorial services.
• Complying with federal laws regarding environmental impacts, such as those related to embalming fluids and crematorium emissions, is non-negotiable for nearly every service provider.

Legal & Regulatory Considerations for Funerals & Burials

Planning a traditional funeral and burial involves numerous legal requirements and regulations that vary by state. They’re also influenced by federal laws you need to know.

State Laws

Each state has its own regulations for licensing funeral directors and homes. Other local laws govern obtaining burial permits and managing cemetery regulations.

• Licensing: Funeral directors and funeral homes need licensing in the state where they operate. The requirements for obtaining these licenses vary from state to state, but they generally include years of education, on-the-job training, and passing a demanding state exam.
• Burial permits: Most states require a special permit, which is typically obtained from the local health department, before allowing a burial. 
• Cemetery regulations: States regulate cemetery operations. This includes the purchase and maintenance of burial plots and regulation of how claims are managed. Regulations may cover everything from plot size to perpetual care provisions.

Federal Laws

In addition to state and local rules, federal laws also play a significant role in funerals and burial practices.

• FTC Funeral Rule: This rule is enforced by the Federal Trade Commission, and it requires funeral providers to give consumers accurate, itemized price information and to disclose their legal rights. 
• Environmental regulations: Federal laws regulate the use of embalming fluids and other chemicals used in funerals to prevent environmental contamination. 

Permits and Legal Documents

Several permits and legal documents are required for conducting a lawful funeral and burial.

• Death certificate: A death certificate must be filed with the state, typically by a funeral director.
• Burial permit: A burial permit is required in most states.
• Cemetery plot deed: If purchasing a burial plot, ensure you have a deed or similar legal document confirming ownership.

Legal & Regulatory Considerations for Memorials

Memorial services also come with specific legal considerations, particularly regarding the locations where they can be held and the activities that take place during the service.

State Laws

State regulations govern where and how memorial services can be conducted.

• Public and private venues: Holding a memorial service in a public space has different requirements from privately owned locations. Private venues may have their own regulations and requirements that go beyond local ordinances, as well as the internal rules the venue sets.
• Permits and permissions: Depending on the location, you may need to obtain specific permits to hold a memorial service^[4]. For example, some states require permits for large gatherings in public parks.

Federal Laws

Federal regulations can also impact memorial services, especially when they involve activities like scattering ashes.

• Scattering ashes: Federal laws regulate the scattering of ashes, particularly in national parks and on federal land. The National Park Service, for example, requires a special use permit for scattering ashes in national parks.
• Clean Water Act: This law regulates the scattering of ashes in water. It requires that ashes be scattered at least 3 nautical miles from shore and prohibits scattering near beaches, wading areas, or other public spaces.

Legal & Regulatory Considerations for Cremation

Cremation comes with its own set of legal and regulatory requirements.

State Laws

Several state-specific laws govern the practice of cremation.

• Licensing of crematories: Crematories must be licensed and adhere to state regulations regarding their operation.
• Mandatory waiting periods: Some states require a waiting period before cremation can take place, typically to allow time for any necessary investigations or the arrival of death certificates. Sarah-Jane Williams, Unregistered Barrister, adds that such mandatory waiting times are typically between 24 and 72 hours.
• Cremation permits: A cremation permit, often obtained from the local health department, is generally required for cremation operations.

Federal Laws

Federal regulations impact cremation practices primarily through environmental standards.

• Environmental standards: The Environmental Protection Agency (EPA) regulates emissions from crematoriums to control air pollution and ensure safe operating practices.

Permits and Legal Documents

As with funerals and burials, cremation requires several permits and legal documents.

• Death certificate: A valid death certificate is required before cremation can proceed.
• Cremation permit: Typically issued by local authorities, this permit is mandatory in most states.
• Cremation authorization: Signed by the next of kin, this document gives permission for the cremation to occur.

Common Questions About Funeral Regulations & Laws

The Importance of Compliance in Funeral Planning

The laws governing burial and cremation are in place to ensure respectful treatment of the deceased and to protect public health and the environment. By securing the proper permits, adhering to licensing requirements, and following environmental regulations, you can ensure that all funeral-related activities are conducted lawfully and respectfully.

Funeral directors and legal advisors can provide invaluable guidance to help families navigate the complexities of funeral regulations. Ensuring compliance honors the memory of the deceased and provides peace of mind for their loved ones.

Written by Richard Stockton

Richard Stockton is a science and tech copywriter with nearly two decades of experience. Starting from a background in allied health, he has produced professional white papers and explainer pieces on AI, the mining industry, the latest science news and a range of other challenging topics. Richard is certified in prehospital care and has worked in health care since 2008. As a writer, Richard is able to share his skills with a diverse audience, though he does insist on using the Oxford comma wherever possible, possible, and appropriate.

---

Edited by Katelynne Shepard

Katelynne Shepard is a writer, editor and SME who is proficient at crafting and reviewing content. She has been a full-time copywriter and editor since 2011 and has written content for Fortune 500 companies, independent law firms, indie publishers, small-business owners and mainstream websites. She specializes in parenting, lifestyle, family law, personal injury, criminal law, immigration law, astrology, personal finance, education and health care. In addition to thousands of e-commerce product and category descriptions, Verle's work includes SEO blogs, social media posts and long-form informational articles.