Burial on private property in Oregon is legal if you own the land, obtain written consent from your local planning commission before the burial, keep permanent records of the grave, and disclose the burial when you sell the property. Those four conditions come from ORS 97.460, and all of them have to be satisfied. The paperwork around the death itself — death certificate and disposition permit — is separate and runs on its own deadlines.
The Four Conditions in ORS 97.460
Oregon treats a private burial site as a cemetery for regulatory purposes, so ORS 97.460 governs it. You cannot use any property for burial unless you meet all four of these:1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park
- You own the property. If title is shared, every owner has to consent.
- You have written consent from the planning commission of the city or county with jurisdiction over your land. Where no planning commission exists, the city or county governing body stands in.
- You agree to maintain burial records in whatever form the planning commission requires.
- You agree to disclose the burial to any future buyer. Failure to disclose does not void the sale, but the duty is still there.
You do not have to go through the formal cemetery platting and dedication process that applies to commercial cemeteries. You do have to get the planning commission’s written approval. That is the gatekeeping step.
Getting Planning Commission Approval
This is where most of the real work lives. The written consent is not a formality. Local zoning controls whether a burial is possible on your parcel at all, and rules vary widely between Oregon’s counties and cities. Some jurisdictions have a simple process; others handle it as a land-use application with notice requirements.
Call your county or city planning department before anything else. Ask about zoning for your property, required setbacks from property lines and structures, minimum distance from wells, springs, and streams, and whether a survey or site plan is required. Some jurisdictions require graves to sit at least 100 feet from water sources, though the exact distance depends on local health codes rather than a statewide rule.
Every planning commission is required to provide the Oregon Mortuary and Cemetery Board with a list of its requirements for using property as a burial site, so the rules that apply to you should be documented and available on request.1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park
Death Certificate and Disposition Permit
Two documents have to be handled before the burial itself: the death certificate and the disposition permit.
The death certificate must be submitted to the county registrar within five calendar days of the death and before the burial. No final disposition can happen until the report is filed. The medical certification portion must be completed within 48 hours by the attending physician, or by the local medical examiner if the death falls under investigation.2Oregon Public Law. Oregon Code 432.133 – Mandatory Submission and Registration of Reports of Death
You do not have to hire a funeral home. Oregon law defines a “person acting as a funeral service practitioner” to include any relative or friend who performs those duties without payment.3Oregon Health Authority. Instructions for Completing a Paper Death Certificate A family member can handle the paperwork and the burial. The person who first takes custody of the body is responsible for filing the death report. The Oregon Center for Health Statistics provides a Home Burial Packet containing the Report of Death, Final Disposition Close-Up form, and 24-Hour Notice form; request it by calling 971-673-1190.
Separately, under ORS 432.158 you need written authorization for final disposition from the medical certifier or medical examiner. If written authorization isn’t available in time, their oral consent, documented on a state registrar form, is enough to proceed. The permit has to accompany the remains to the grave. After burial, complete it with the date of disposition and return it to the county registrar for the county where the death occurred.4Oregon Public Law. Oregon Code 432.158 – Disposition of Remains; Rules A valid disposition permit from another state carries the same authority as an Oregon one if you are bringing remains in from out of state.
Rules for the Body Itself
Oregon does not require embalming. If the body will not be embalmed, it must be wrapped in a sheet. The timing rule that matters: if the body is held longer than 24 hours before burial, it has to either be embalmed or refrigerated at 36°F or below.5Oregon Public Law. OAR 830-030-0010 – Care of Human Remains
No state law requires a burial vault or outer container. Commercial cemeteries sometimes require vaults under their own bylaws, but that rule has no application on your own property. A wooden casket, a shroud, or a biodegradable container is fine, which makes private property burial a workable option for families planning a green burial.
Preparing the Grave
Oregon sets no statewide minimum grave depth, so your planning commission’s rules control. A depth of 3.5 to 4 feet is a widely followed standard that discourages animal disturbance and supports safe decomposition. Your planning commission may require a specific depth.
Groundwater is the main environmental concern. Studies indicate that burial-related substances generally do not migrate more than a few feet laterally through soil, and do not threaten groundwater that sits more than four feet below the bottom of the grave. Clay-heavy soils filter better than sandy soils because water moves slowly enough for microbes to break compounds down. Lining the bottom of the grave with absorbent organic material helps. Skipping embalming fluids eliminates the biggest chemical risk. If your property has a high water table or sandy soil, raise it with the planning department before you dig.
Records and the Property Tax Exemption
ORS 97.460 requires you to keep burial records in the form the planning commission prescribes. At minimum, record the full name of the person buried, the date of burial, and the exact location of the grave. The Oregon Mortuary and Cemetery Board emphasizes that these records must be accurate and permanent.6Oregon Mortuary & Cemetery Board. Death Care in Oregon Fact Sheet: Burial of Human Remains on Private Property
A professional survey of the grave location isn’t required by state law, but it’s worth the cost — typically a few hundred to around a thousand dollars — if you want an unambiguous record that survives changes in ownership or memory.
Under ORS 307.150, property used exclusively as a family burial ground is exempt from property tax.7Oregon Public Law. Oregon Code 307.150 – Property Used for Burial, Cremation or Alternative Disposition The exemption covers only the portion of land actually used for burial, not your entire parcel. Contact your county assessor to establish it after the burial is recorded.
What Happens When You Sell
You have to disclose the burial to any buyer. That obligation comes straight from ORS 97.460(1)(d) and you accepted it when the planning commission approved the site.1Oregon Public Law. Oregon Code 97.460 – Requirements for Establishment of Cemetery or Burial Park The statute says nondisclosure does not void the sale, but an undisclosed grave discovered after closing is the kind of fact that generates fraud and misrepresentation claims.
Once land is used for burial, that portion of the property is affected permanently in practical terms. Removing a burial site’s dedicated status under Oregon’s cemetery dedication statutes requires a court order and proof that no remains are interred there, or that any remains have been properly relocated with oversight from the Oregon Commission on Historic Cemeteries.8Oregon State Legislature. Oregon Revised Statutes Chapter 97
One point worth planning around now: future owners are not automatically obligated to let your family visit the grave. If continued access matters, record an easement before the property changes hands. Without one, a new owner can lawfully deny entry.
Penalties for Skipping the Steps
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 In Oregon, that 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 penalties.
The civil exposure is just as real. A buyer who discovers an undisclosed grave can pursue fraud claims. Neighbors affected by a burial that ignored setback or water-source rules can seek injunctive relief. The planning commission can order the remains disinterred and relocated at your expense. These are the predictable consequences of burying someone before the approvals are in hand, not hypothetical ones.