What Are the Burial and Cremation Laws in Vermont?
See who controls final arrangements, cremation and burial rules, and permit requirements in Vermont.
Frequently Asked Questions
Vermont allows burial on private property. Vermont explicitly permits home burial on private property. 18 V.S.A. § 5319(a)(2) allows a private individual to set aside a portion of premises as a burial space for immediate family, provided compliance with health laws and rules. Burial depth must be at least 3.5 feet below the natural surface (measured from bottom of coffin). New burial sites must maintain minimum distances from water sources: 200 feet up-gradient from a drilled bedrock well, 500 feet up-gradient from other groundwater sources serving potable water systems, and 150 feet cross- or down-gradient from any groundwater source (§ 5319). Sites must avoid flood zones, river corridors, and source protection zones for public water systems. A burial plat must be recorded with the town clerk (§ 5311). Local zoning ordinances may apply. No funeral director is required for home burial when death is not from a communicable disease.
Vermont has a 24-hour minimum waiting period before cremation. A medical examiner or coroner must authorize the cremation before it proceeds. Cremation must be authorized by Person with right to disposition per § 5227 priority order. Medical examiner certificate required per § 5201(c): chief, regional, or assistant ME must certify personal inquiry into cause and manner of death and satisfaction that no further examination or judicial inquiry is necessary..
Yes. Natural organic reduction (human composting) is legal in Vermont.
Yes. Alkaline hydrolysis (water cremation) is legal in Vermont.
Vermont sets a statutory order for who controls the disposition of remains (18 V.S.A. § 5227): Individual appointed under chapter 231 (advance directives) of Title 18, then Surviving spouse, then Sole surviving child or majority of surviving children (minor's interest effected by Probate Court guardian), and so on. You can also name your own agent to control your remains in a signed, written document before death. You can record those wishes alongside the rest of your estate plan when you create a revocable living trust.
No. Vermont does not require embalming by law. No Vermont law requires embalming. Families may care for their own dead without embalming. Refrigeration or dry ice may be used as an alternative for preservation. Individual funeral homes may have their own policies but cannot claim embalming is required by law.
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Vermont Estate Planning Resources
In-depth guides covering Vermont probate laws, trust requirements, and estate planning strategies.
