Can you bury a relative in your backyard? A pet? See 4 California burial laws
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- California allows cities and counties authority to establish and regulate cemeteries.
- Pet burial rules vary by county.
- Scattering ashes requires permits.
When a loved one passes away, the logistics can feel overwhelming.
From choosing a burial site to handling cremated remains, questions about what’s allowed — including whether pets can be buried alongside family members — can quickly pile up.
California has specific laws that guide what you can — and cannot — do with a loved one’s remains.
Here are four laws to know when planning a burial or spreading ashes in California:
Can you bury a relative in your backyard in California?
According to California’s Health and Safety Code, city and county governments have the authority to establish and regulate cemeteries however they see fit.
City and county governments set local rules covering burials, inurnments, entombments and the upkeep of cemeteries, mausoleums and columbariums, according to state law.
These rules are set to protect public health, ensure human remains are treated respectfully and prevent disrespectful acts on cemetery grounds.
These “standards may be made applicable to every public and private cemetery within the city or county,” state law says.
Burials can only take place in established cemeteries, according to the California Department of Consumer Affairs.
“Obtaining licensure from the bureau is a required step in establishing a cemetery,” Matt Woodcheke, a spokesperson for the state Consumer Affairs Department, previously told The Sacramento Bee.
Even privately owned cemeteries, including family-only ones, must follow the laws under the Cemetery and Funeral Act.
If you’re considering a home burial, check with your local government about establishing a family cemetery. In some rural areas, it may be possible, according to legal website Nolo.
Read more: Can you bury a relative in your backyard? Here’s what California law says
Can I bury my pet at my California home?
In California, there are no state laws requiring pet owners to dispose of deceased animals in a specific way, according to The Pet Memorial.
However, local governments can set their own rules for pet burials.
If you’re thinking about burying a pet at home, it’s important to check for any local restrictions first.
In Sacramento County, for example, backyard burials are allowed but generally not recommended.
Luna Anona, a Sacramento County spokesperson, said that there’s no official ordinance on pet burials.
“We typically recommend that deceased pets weighing more than 15 pounds be taken to veterinary clinics or pet cemeteries,” Anona told The Bee in 2023. “Alternatively, they can be taken to Kiefer Landfill.”
According to the Sacramento County website, burying animals can create biological contamination as they decompose.
That may threaten nearby water sources and pose risks to humans and other animals who come into contact with the remains.
Read more: Can you bury your pet in your backyard? Here’s what California law says
Can I be buried with my pet in California?
Assembly Bill 528 proposed allowing public and private cemeteries to set aside special sections where people could be buried with their pets.
California State Assembly member Jacqui Irwin, D-Thousand Oaks, introduced the bill in 2023.
“Humans spend over a decade of their lives with their pets, building strong and irreplaceable bonds,” Irwin said in the bill analysis. “It is natural for owners to want to keep their furry members close in the afterlife.”
Under the bill, cemeteries that choose to offer this option would have to place human and pet remains in separate containers. However, both sets of remains could share the same plot, niche, crypt or vault.
Each cemetery would be free to set its own rules about what kinds of pets and size limits are allowed.
Although the bill passed through the California Legislature during the 2023–2024 session, it has yet to be signed into law.
As of Tuesday, Oct. 28, there are no efforts to bring back or reintroduce Assembly Bill 528 in the 2025–2026 session.
Read more: Humans and pets in the same grave? This California bill is trying to make it possible
Where can I legally scatter ashes in California?
Scattering ashes from cremated remains is legal in California, but there are a few important rules to follow.
The state requires a permit to scatter ashes on either public or private property, according to the California Department of Consumer Affairs Cemetery and Funeral Bureau.
Local laws can also apply, so it’s important to check with your county or city before spreading ashes, Peter Fournier, a spokesman for the state department, previously told The Modesto Bee.
According to Simply Remembered Cremation Care, a California-based provider, here are five common places where you can legally scatter ashes in the state:
- The Pacific Ocean: Must be at least 500 yards from shore.
- In the air: Ashes can be released from a plane as long as they don’t cause damage to property or people.
- State or national parks: Some parks allow it, but may require extra permits or have designated scattering areas.
- Sports stadiums: You’ll need permission from the stadium owner.
- Mountain peaks: You must first get approval from county officials.
In general, you cannot scatter cremains in lakes, rivers or streams, and you must have written consent from property owners before scattering on land you don’t own, according to Simply Remembered.
Read more: Is it legal to scatter ashes at California beaches and parks? Here’s what the rules say
This story was originally published October 31, 2025 at 5:00 AM with the headline "Can you bury a relative in your backyard? A pet? See 4 California burial laws."
