Authorizing green burial and natural burial

SB 1057 Text

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Introduced Version

Senate Bill 1057 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 1057
By Senator Woodrum
[Introduced February 21, 2026; referred
to the Committee on Government Organization]
A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-2S-1, §16-2S-2, §16-2S-3, §16-2S-4, §16-2S-5, §16-2S-6, §16-2S-7, §16-2S-8, and §16-2S-9, relating to authorizing green burial and natural burial; defining “natural burial”; permitting cemeteries to offer green burial options; establishing minimum public health standards; clarifying that funeral director licensure is not required for natural burial; and limiting regulatory authority to prevent professional or trade-association control.
Be it enacted by the Legislature of West Virginia:

article 2S. Green Burial and natural burial.

§16-2S-1. Legislative findings and purpose.

(a) The Legislature finds that:
(1) Families increasingly seek burial options that minimize environmental impact, respect religious or personal beliefs, or reduce cost;
(2) Natural burial and green burial practices are widely recognized and safely practiced in many states;
(3) Public health can be protected through objective standards without mandating embalming or funeral-director involvement; and
(4) Burial practices should not be restricted by professional licensure where no compelling public-health justification exists.
(b) It is the intent of the Legislature to:
(1) Expressly authorize natural burial in West Virginia;
(2) Preserve family choice and religious liberty;
(3) Ensure public-health protection through clear statutory standards; and
(4) Prevent monopolization or professional capture of burial practices.

§16-2S-2. Definitions.

For purposes of this article:
"Natural burial" or "green burial" means the disposition of human remains by burial without embalming fluids, vaults, liners, or other non-biodegradable materials, using biodegradable containers or shrouds.
"Burial container" means a biodegradable casket, coffin, or shroud.
"Cemetery" means any cemetery lawfully operating in this state, including conventional cemeteries that elect to permit natural burial.
"Disposition" means the burial of human remains.

§16-2S-3. Authorization of natural burial.

(a) Natural burial is lawful in this state.
(b) A cemetery may elect to permit natural burial without additional licensure, certification, or approval beyond that required to operate as a cemetery.
(c) No cemetery is required to offer natural burial.

§16-2S-4. Funeral director involvement not required.

(a) A licensed funeral director or embalmer is not required for:
(1) Natural burial;
(2) Transportation of unembalmed remains for natural burial; or
(3) Burial conducted in accordance with this article.
(b) Nothing in this section prohibits a family from voluntarily engaging a licensed funeral director.
(c) The Board of Funeral Service Examiners shall have no regulatory authority over natural burial practices authorized by this article, except as expressly provided by statute.

§16-2S-5. Public health standards.

(a) Embalming is not required for natural burial.
(b) Burial shall occur within a time period sufficient to protect public health, as established by statute or general public-health law.
(c) The Department of Health may intervene only where:
(1) There is a documented risk of communicable disease; or
(2) An emergency public-health declaration is in effect.
(d) No rule may impose requirements that effectively prohibit natural burial.

§16-2S-6. Cemetery authority and limitations.

(a) Cemeteries may adopt reasonable operational rules for natural burial, including:
(1) Grave depth;
(2) Recordkeeping; and
(3) Location within the cemetery.
(b) Cemeteries may not require embalming, vaults, or non-biodegradable containers as a condition of natural burial.

§16-2S-7. Prohibition on professional or trade-association control.

(a) No professional licensing board, trade association, or private accrediting body may:
(1) Prohibit natural burial;
(2) Require licensure as a condition of natural burial; or
(3) Impose standards not expressly authorized by statute.
(b) Any rule or policy inconsistent with this article is void.

§16-2S-8. Prohibition on professional or trade-association control.

(a) This article shall be liberally construed to effectuate family choice, religious freedom, and lawful disposition of human remains.
(b) Nothing in this article limits:
(1) Criminal law;
(2) Vital records requirements; or
(3) Generally applicable public-health authority exercised in emergencies.

§16-2S-9. Effective date.

This act shall take effect 90 days from passage.

NOTE: The purpose of this bill is to authorize green burials and natural burials.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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