Family burial grounds

AN ACT Relating to recognizing individual and family connectivity 1
with the land by providing Washingtonians and their loved ones with 2
the option to have their remains interred in a family burial ground; 3
amending RCW 7.80.120, 68.04.060, 68.04.080, 68.04.100, 68.05.400, 4
68.20.010, 68.20.140, 68.50.130, and 84.36.020; adding a new section 5
to chapter 68.04 RCW; adding a new section to chapter 68.28 RCW; 6
adding a new chapter to Title 68 RCW; creating a new section; and 7
prescribing penalties. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
NEW SECTION. Sec. 1. It is the intent of the legislature to 10
enable creation of family burial grounds on privately owned property 11
in order to provide greater flexibility and options for individuals 12
in choosing where to be interred.13
It is further the intent of the legislature to honor and support 14
individual and family connectivity with the land. 15
NEW SECTION. Sec. 2. (1) A natural person may designate an area 16
of land owned by the person as a family burial ground.17
(2) If a property is co-owned by two or more natural persons, a 18
family burial ground may be established on the property only with the 19
written consent of all co-owners of the property. 20
H-2613.2
HOUSE BILL 2239
State of Washington 69th Legislature 2026 Regular Session
By Representatives Abell, Bernbaum, Chase, Simmons, Walsh, Burnett,
and Engell
Prefiled 01/02/26. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2239
(3) A family burial ground may not be established on any property 1
co-owned by a combination of natural persons and legal entities.2
(4) A family burial ground must be set back at least 25 feet from 3
an existing parcel boundary and may not be established:4
(a) Within 150 feet of a designated critical area, as defined in 5
RCW 36.70A.030; or 6
(b) Within 50 feet of an existing easement or public right-of-7
way. 8
(5) A family burial ground may not comprise greater than 10 9
percent of the area of the parcel upon which it is established.10
NEW SECTION. Sec. 3. (1)(a) A mausoleum, columbarium, or 11
similar structure constructed on a family burial ground and used or 12
intended to be used for interments of human remains must comply with 13
the requirements of this section, whether constructed under or above 14
the surface of the earth, where any portion of the building is 15
exposed to view, or, when interment is completed, is less than three 16
feet below the surface of the earth and covered by earth.17
(b) A building on a family burial ground not erected for or not 18
used as a place for interment of human remains which is converted or 19
altered to such use is subject to this section. 20
(2) A building or structure constructed on a family burial ground 21
and intended to be used for interment of human remains:22
(a) Must be of class A fireproof construction and constructed 23
with such material and workmanship as to ensure its durability and 24
permanence as dictated and determined by most current mausoleum 25
construction and engineering science; and 26
(b) Must be constructed and installed on the family burial ground 27
in compliance with all applicable local building permitting laws, 28
public health laws, and laws governing class A construction.29
(3) Any person who violates this section commits a civil 30
infraction enforceable according to chapter 7.80 RCW and is subject 31
to a monetary penalty of $500. A notice of civil infraction may be 32
issued by a local law enforcement officer or a local public health 33
official if after investigation it has reasonable cause to believe an 34
infraction has been committed. In addition to the monetary penalty, 35
the court shall order the owner of the property on which a family 36
burial ground is located to remediate any violation of this section 37
at the owner's expense. 38
p. 2 HB 2239
NEW SECTION. Sec. 4. The owner of the property on which a 1
family burial ground is located may not:2
(1) Offer for sale plots in the family burial ground or space in 3
a mausoleum or columbarium located on the family burial ground; or4
(2) Charge fees for any goods or services provided by the owner 5
in connection with interment of human remains in the family burial 6
ground. 7
NEW SECTION. Sec. 5. The owner of the property on which a 8
family burial ground is located shall record every interment in a 9
family burial ground within 30 days after the interment with the 10
county auditor of the county in which the land is situated. The owner 11
shall record:12
(1) The deceased person's name as it appears on the death 13
certificate; 14
(2) The deceased person's date of birth as it appears on the 15
death certificate; 16
(3) The deceased person's date of death as it appears on the 17
death certificate; 18
(4) The name of the owner or owners and the legal description of 19
the property, including the assessor parcel number, where the human 20
remains are interred; and 21
(5) The latitude and longitude coordinates of the grave, 22
mausoleum, or columbarium, such as those given by a global 23
positioning system, that are verified by two witnesses or the county 24
coroner, sheriff, or a designee of the county coroner or sheriff.25
NEW SECTION. Sec. 6. Before the sale of the property on which a 26
family burial ground is located, the owner of the property shall 27
disclose to the prospective buyer the existence of the family burial 28
ground and any mausoleums or columbaria erected on the family burial 29
ground.30
NEW SECTION. Sec. 7. (1) An area of privately owned land that 31
has been established as a family burial ground or plot prior to the 32
effective date of this section is deemed a family burial ground 33
designated in compliance with this chapter, even if the previously 34
established family burial ground or plot does not meet all the 35
requirements under this chapter.36
(2) Beginning on the effective date of this section:37
p. 3 HB 2239
(a) Any new designation of a family burial ground on a property 1
that does not already contain a family burial ground must comply with 2
all the requirements of this chapter; and 3
(b) Any interment of human remains in a family burial ground on a 4
property that already contains a family burial ground and any 5
extension of an existing family burial ground must comply with all 6
the requirements of this chapter, regardless of when a family burial 7
ground was established or designated. 8
NEW SECTION. Sec. 8. Cities and counties are authorized to 9
enact ordinances regulating or prohibiting the establishment of 10
family burial grounds or the extension of existing family burial 11
grounds and to give power to local planning commissions to pass upon 12
and make recommendations to local legislative bodies concerning the 13
establishment or extension of family burial grounds.14
Sec. 9. RCW 7.80.120 and 2024 c 286 s 2 are each amended to read 15
as follows: 16
(1) A person found to have committed a civil infraction shall be 17
assessed a monetary penalty. 18
(a) The maximum penalty and the default amount for a class 1 19
civil infraction shall be $250, not including statutory assessments, 20
except for an infraction of state law involving (i) potentially 21
dangerous litter as specified in RCW 70A.200.060(((4))) (5), in which 22
case the maximum penalty and default amount is $500; ((or)) (ii) a 23
person's refusal to submit to a test or tests pursuant to RCW 24
79A.60.040 and 79A.60.700, in which case the maximum penalty and 25
default amount is $1,000; ((or)) (iii) the misrepresentation of 26
service animals under RCW 49.60.214, in which case the maximum 27
penalty and default amount is $500; ((or)) (iv) untraceable firearms 28
pursuant to RCW 9.41.326 or unfinished frames or receivers pursuant 29
to RCW 9.41.327, in which case the maximum penalty and default amount 30
is $500; ((or)) (v) the failure to report the loss or theft of a 31
firearm under RCW 9.41.368, in which case the maximum penalty and 32
default amount is $1,000; or (vi) unlawful construction of a 33
mausoleum or columbarium on a family burial ground, as provided in 34
section 4 of this act, in which case the penalty is $500;35
(b) The maximum penalty and the default amount for a class 2 36
civil infraction shall be $125, not including statutory assessments;37
p. 4 HB 2239
(c) The maximum penalty and the default amount for a class 3 1
civil infraction shall be $50, not including statutory assessments; 2
and 3
(d) The maximum penalty and the default amount for a class 4 4
civil infraction shall be $25, not including statutory assessments.5
(2) The supreme court shall prescribe by rule the conditions 6
under which local courts may exercise discretion in assessing fines 7
for civil infractions. 8
(3) Whenever a monetary penalty is imposed by a court under this 9
chapter it is immediately payable. If the person is unable to pay at 10
that time the court may grant an extension of the period in which the 11
penalty may be paid. If the penalty is not paid on or before the time 12
established for payment, the court may proceed to collect the penalty 13
in the same manner as other civil judgments and may notify the 14
prosecuting authority of the failure to pay. 15
(4) The court may also order a person found to have committed a 16
civil infraction to make restitution. 17
Sec. 10. RCW 68.04.060 and 1979 c 21 s 2 are each amended to 18
read as follows: 19
"Mausoleum" means a structure or building for the entombment of 20
human remains in crypts (1) in a place used, or intended to be used, 21
and dedicated, for cemetery purposes , or (2) on a family burial 22
ground established pursuant to chapter 68.--- RCW (the new chapter 23
created in section 20 of this act). 24
Sec. 11. RCW 68.04.080 and 2019 c 432 s 5 are each amended to 25
read as follows: 26
"Columbarium" means a structure, room, or other space in a 27
building or structure containing niches for permanent placement of 28
human remains (1) in a place used, or intended to be used, and 29
dedicated, for cemetery purposes , or (2) on a family burial ground 30
established pursuant to chapter 68.--- RCW (the new chapter created 31
in section 20 of this act). 32
Sec. 12. RCW 68.04.100 and 2005 c 365 s 32 are each amended to 33
read as follows: 34
"Interment" means the placement of human remains in a cemetery or 35
family burial ground. 36
p. 5 HB 2239
NEW SECTION. Sec. 13. A new section is added to chapter 68.04 1
RCW to read as follows: 2
"Family burial ground" means an area of privately owned land that 3
is designated pursuant to chapter 68.--- RCW (the new chapter created 4
in section 20 of this act) for the interment of human remains, and in 5
which interments may be, but are not required to be, restricted to a 6
group of persons who are related to each other by birth, marriage, or 7
adoption. "Family burial ground" includes any mausoleums or 8
columbaria constructed on a family burial ground. 9
Sec. 14. RCW 68.05.400 and 1979 c 21 s 13 are each amended to 10
read as follows: 11
The provisions of this chapter do not apply to any of the 12
following: 13
(1) Nonprofit cemeteries which are owned or operated by any 14
recognized religious denomination which qualifies for an exemption 15
from real estate taxation under RCW 84.36.020 on any of its churches 16
or the ground upon which any of its churches are or will be built; 17
((or))18
(2) Any cemetery controlled and operated by a coroner, county, 19
city, town, or cemetery district; or20
(3) A family burial ground established pursuant to chapter 68.--- 21
RCW (the new chapter created in section 20 of this act).22
Sec. 15. RCW 68.20.010 and 1943 c 247 s 42 are each amended to 23
read as follows: 24
((It)) Except as otherwise provided in chapter 68.--- RCW (the 25
new chapter created in section 20 of this act), it is unlawful for 26
any corporation, copartnership, firm, trust, association, or 27
individual to engage in or transact any of the businesses of a 28
cemetery within this state except by means of a corporation duly 29
organized for that purpose. 30
Sec. 16. RCW 68.20.140 and 1987 c 331 s 33 are each amended to 31
read as follows: 32
(1) This chapter does not apply to any cemetery controlled and 33
operated by a coroner, county, city, town, or cemetery district.34
(2) This chapter does not apply to any family burial ground 35
established pursuant to chapter 68.--- RCW (the new chapter created 36
in section 20 of this act).37
p. 6 HB 2239
NEW SECTION. Sec. 17. A new section is added to chapter 68.28 1
RCW to read as follows: 2
This chapter does not apply to mausoleums and columbaria 3
constructed on a family burial ground established pursuant to chapter 4
68.--- RCW (the new chapter created in section 20 of this act).5
Sec. 18. RCW 68.50.130 and 2019 c 432 s 21 are each amended to 6
read as follows: 7
Every person who performs a disposition of any human remains, 8
except as otherwise provided by law, in any place, except in a 9
cemetery, a family burial ground, or a building dedicated exclusively 10
for religious purposes, is guilty of a misdemeanor. Disposition of 11
human remains following cremation, alkaline hydrolysis, or natural 12
organic reduction may also occur on private property, with the 13
consent of the property owner; and on public or government lands or 14
waters with the approval of the government agency that has either 15
jurisdiction or control, or both, of the lands or waters.16
Sec. 19. RCW 84.36.020 and 2022 c 84 s 1 are each amended to 17
read as follows: 18
The following real and personal property shall be exempt from 19
taxation: 20
(1)(a) All lands, buildings, and personal property required for 21
necessary administration and maintenance, used, or to the extent 22
used, exclusively for public burying grounds or cemeteries without 23
discrimination as to race, color, national origin or ancestry;24
(b) The exemption provided by this subsection (1) does not apply 25
to family burial grounds established pursuant to chapter 68.--- RCW 26
(the new chapter created in section 20 of this act);27
(2)(a) All churches, personal property, and the ground, not 28
exceeding five acres in area, upon which a church of any nonprofit 29
recognized religious denomination is or must be built, together with 30
a parsonage, convent, and buildings and improvements required for the 31
maintenance and safeguarding of such property. The area exempted must 32
in any case include all ground covered by the church, parsonage, 33
convent, and buildings and improvements required for the maintenance 34
and safeguarding of such property and the structures and ground 35
necessary for street access, parking, light, and ventilation, but the 36
area of unoccupied ground exempted in such cases, in connection with 37
church, parsonage, convent, and buildings and improvements required 38
p. 7 HB 2239
for the maintenance and safeguarding of such property, shall not 1
exceed the equivalent of one hundred twenty by one hundred twenty 2
feet except where additional unoccupied land may be required to 3
conform with state or local codes, zoning, or licensing requirements. 4
The parsonage and convent need not be on land contiguous to the 5
church property. Except as otherwise provided in this subsection, to 6
be exempt the property must be wholly used for church purposes.7
(b) If the rental income or donations, if applicable, are 8
reasonable and do not exceed the maintenance and operation expenses 9
attributable to the portion of the property loaned or rented, the 10
exemption provided by this subsection (2) is not nullified by:11
(i) The loan or rental of property otherwise exempt under this 12
subsection (2) to a nonprofit organization, association, or 13
corporation, or school to conduct an eleemosynary activity;14
(ii) The rental or use of the property by any individual, group, 15
or entity, where such rental or use is not otherwise authorized by 16
this subsection (2), for not more than fifty days in each calendar 17
year, and the property is not used for pecuniary gain or to promote 18
business activities for more than fifteen of the fifty days in each 19
calendar year. The fifty and fifteen-day limitations provided in this 20
subsection (2)(b)(ii) do not include days during which setup and 21
takedown activities take place immediately preceding or following a 22
meeting or other event by an individual, group, or entity using the 23
property as provided in this subsection (2)(b)(ii). The 15-day and 24
50-day limitations provided in this subsection (2)(b)(ii) do not 25
apply to the use of the property for pecuniary gain or for business 26
activities if the property is used for activities related to a 27
qualifying farmers market, as defined in RCW 66.24.170, and all 28
income received from rental or use of the exempt property is used for 29
capital improvements to the exempt property, maintenance and 30
operation of the exempt property, or exempt purposes. The exempt 31
property may be used for up to 53 days for the purposes of a 32
qualifying farmers market; or 33
(iii) An inadvertent use of the property in a manner inconsistent 34
with the purpose for which exemption is granted, if the inadvertent 35
use is not part of a pattern of use. A pattern of use is presumed 36
when an inadvertent use is repeated in the same assessment year or in 37
two or more successive assessment years. 38
p. 8 HB 2239
NEW SECTION. Sec. 20. Sections 2 through 8 of this act 1
constitute a new chapter in Title 68 RCW.2
--- END ---
p. 9 HB 2239