Can You Bury Pets or People in Your New Jersey Backyard?

A few states have laws that prevent a pet from being buried in your yard, but what about New Jersey?

Having grown up with many cats and dogs, when one passed away, we never really thought twice about burying them in our backyard. We just did it. But was that legal?

Best that I can tell, yes it is, but there are some grey areas.

Can You Legally Bury a Pet in Your NJ Backyard?

First of all, I'm basing that answer on several websites that all seem to reference a website for a wildlife removal company in North Jersey:

If it is your pet that died, you can put it inside a box like a coffin and put something in its possession like a lace. Dig a hole big enough to fit the box or put (the) carcass in the hole. The hole must at least two feet deep to prevent (a) flood from washing it away.

They also recommend putting a layer of stones over the grave to keep other animals from disturbing it.

Now, that's not an "official" answer, but I couldn't find any statutes from the State of New Jersey that made this act against the law.

While the state itself (apparently) doesn't prohibit burying a furry friend in your backyard, your local municipality might, so check with your city or township.

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What Happens If You Move?

The next question then becomes, what happens when you move? That's a bit tricky.

Moving cat - Photo by Meg Jenson on Unsplash

Obviously, you don't want to shock the people who just bought your house when they go to do some new landscaping — and I'm sure you have no interest in exhuming a pet. That's something that you really need to consider.

As for alternatives, there are quite a few pet cemeteries in New Jersey. Contact your local veterinarian's office for more information or search online.

Can My Pet Be Buried With Me in NJ?

So, let's take this one step further.

Some people get so attached that they want to be buried with their pets. Can you do that in New Jersey? Well, that's a little complicated.

Cemetery - Photo by Bernd 📷 Dittrich on Unsplash

What the New Jersey Cemetery Board Says

Until researching this topic, I wasn't aware that there is a New Jersey Cemetery Board that regulates things like this. They say,

No. By statute...'cemetery' means any land or place used or dedicated for use for burial of human remains or disposition of cremated human remains. A cemetery, by definition, may not accept pets, unless it is exclusively a pet cemetery.

While you cannot have your pet buried in a cemetery for humans, apparently, it is legal in New Jersey for a person to be buried in a pet cemetery as long as the human remains have been cremated. Several websites for law firms say this is OK.

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Can a Human Be Buried on Private Property in New Jersey?

I didn't set out looking for an answer to this question, but when I discovered the New Jersey Cemetery Board, I found a big list of questions and answers. One of them is if it's legal to bury a person in your yard.

Can a Human Be Buried on Private Property in New Jersey - Photo: Canva

The answer: no.

Well, almost no.

The only place that burial can take place in New Jersey is on land that is dedicated for cemetery purposes. For your property to be used for burial, you would have to apply to the New Jersey Cemetery Board for a Certificate of Authority to operate as a 'cemetery company.'

Again, consider the consequences when you want to sell your house... in addition to saying how many bedrooms and bathrooms it has, you have to mention Aunt Sally is out back by the shed next to the pine tree.