Family burial grounds

AN ACT Relating to family burial grounds on privately owned 1
property; amending RCW 68.05.400, 68.20.010, 68.20.140, and 2
68.50.130; adding a new section to chapter 68.04 RCW; and adding a 3
new chapter to Title 68 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 68.04 6
RCW to read as follows: 7
"Family burial ground" means an area of privately owned land that 8
is designated pursuant to chapter 68.--- RCW (the new chapter created 9
in section 11 of this act) for the burial of human remains in the 10
ground and in which burials may be, but are not required to be, 11
restricted to a group of persons who are related to each other by 12
birth, marriage, or adoption. 13
NEW SECTION. Sec. 2. (1) A natural person may designate an area 14
of land owned by the person as a family burial ground.15
(2) If a property is co-owned by two or more natural persons, a 16
family burial ground may be established on the property only with the 17
written consent of all co-owners of the property. 18
(3) A family burial ground may not be established on any property 19
co-owned by a combination of natural persons and legal entities.20
H-0249.1
HOUSE BILL 1065
State of Washington 69th Legislature 2025 Regular Session
By Representatives Walsh and Orcutt
Prefiled 12/13/24. Read first time 01/13/25. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 1065
(4) A family burial ground must be set back at least 25 feet from 1
an existing parcel boundary and may not be established:2
(a) Within 150 feet of a designated critical area, as defined in 3
RCW 36.70A.030; or 4
(b) Within 50 feet of an existing easement or public right-of-5
way. 6
(5) A family burial ground may not comprise greater than 10 7
percent of the area of the parcel upon which it is established.8
NEW SECTION. Sec. 3. The owner of the property on which a 9
family burial ground is located may not offer plots in the family 10
burial ground for sale or charge fees for any goods or services 11
provided by the owner in connection with the burials in the family 12
burial ground.13
NEW SECTION. Sec. 4. The owner of the property on which a 14
family burial ground is located shall record every burial within 30 15
days after the burial with the county auditor of the county in which 16
the land is situated. The owner shall record:17
(1) The deceased person's name as it appears on the death 18
certificate; 19
(2) The deceased person's date of birth as it appears on the 20
death certificate; 21
(3) The deceased person's date of death as it appears on the 22
death certificate; 23
(4) The name of the owner or owners and the legal description of 24
the property, including the assessor parcel number, where the human 25
remains are buried; and 26
(5) The latitude and longitude coordinates of the grave, such as 27
those given by a global positioning system, that are verified by two 28
witnesses or the county coroner, sheriff, or a designee of the county 29
coroner or sheriff. 30
NEW SECTION. Sec. 5. Before the sale of the property on which a 31
family burial ground is located, the owner of the property shall 32
disclose to the prospective buyer the existence of the family burial 33
ground.34
NEW SECTION. Sec. 6. Cities and counties are authorized to 35
enact ordinances regulating or prohibiting the establishment of 36
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family burial grounds or the extension of existing family burial 1
grounds and to give power to local planning commissions to pass upon 2
and make recommendations to local legislative bodies concerning the 3
establishment or extension of family burial grounds.4
Sec. 7. RCW 68.05.400 and 1979 c 21 s 13 are each amended to 5
read as follows: 6
The provisions of this chapter do not apply to any of the 7
following: 8
(1) Nonprofit cemeteries which are owned or operated by any 9
recognized religious denomination which qualifies for an exemption 10
from real estate taxation under RCW 84.36.020 on any of its churches 11
or the ground upon which any of its churches are or will be built; 12
((or))13
(2) Any cemetery controlled and operated by a coroner, county, 14
city, town, or cemetery district; or15
(3) A family burial ground established pursuant to chapter 68.--- 16
RCW (the new chapter created in section 11 of this act).17
Sec. 8. RCW 68.20.010 and 1943 c 247 s 42 are each amended to 18
read as follows: 19
((It)) Except as otherwise provided in chapter 68.--- RCW (the 20
new chapter created in section 11 of this act), it is unlawful for 21
any corporation, copartnership, firm, trust, association, or 22
individual to engage in or transact any of the businesses of a 23
cemetery within this state except by means of a corporation duly 24
organized for that purpose. 25
Sec. 9. RCW 68.20.140 and 1987 c 331 s 33 are each amended to 26
read as follows: 27
(1) This chapter does not apply to any cemetery controlled and 28
operated by a coroner, county, city, town, or cemetery district.29
(2) This chapter does not apply to any family burial ground 30
established pursuant to chapter 68.--- RCW (the new chapter created 31
in section 11 of this act).32
Sec. 10. RCW 68.50.130 and 2019 c 432 s 21 are each amended to 33
read as follows: 34
Every person who performs a disposition of any human remains, 35
except as otherwise provided by law, in any place, except in a 36
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cemetery, a family burial ground, or a building dedicated exclusively 1
for religious purposes, is guilty of a misdemeanor. Disposition of 2
human remains following cremation, alkaline hydrolysis, or natural 3
organic reduction may also occur on private property, with the 4
consent of the property owner; and on public or government lands or 5
waters with the approval of the government agency that has either 6
jurisdiction or control, or both, of the lands or waters.7
NEW SECTION. Sec. 11. Sections 2 through 6 of this act 8
constitute a new chapter in Title 68 RCW.9
--- END ---
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