Is Backyard Pet Burial Legal? What You Need to Know

While burying a pet at home is often viewed as a heartfelt and traditional choice, the legality of backyard pet burial in the United States is more complicated than most pet owners realize.

Laws governing pet burial vary not only from state to state, but sometimes by county or city. In many regions, home burial is only allowed under strict conditions—if it’s allowed at all. For instance, some states require the burial site to be a minimum distance from water sources, wells, or inhabited structures. Others mandate a minimum depth, typically around three to five feet, to prevent scavenging and environmental exposure (American Veterinary Medical Association [AVMA], 2023).

In North Carolina, for example, pets must be buried at least three feet deep and within 24 hours unless refrigerated. In Pennsylvania, burial must be at least 100 feet from wells or water sources (Pennsylvania Code, 2022). Even where legal, burial can become a violation of zoning laws or environmental codes—especially if the animal was euthanized with barbiturates, which are classified as toxic chemicals.

Failure to follow local laws can result in environmental penalties, removal of remains, or even criminal charges related to unsafe disposal. In metropolitan areas, like those across the Midwest, burial may be restricted outright due to population density and soil conditions.

Aquamation, or alkaline hydrolysis, offers a legal, safe, and environmentally sound alternative. It’s approved for use in humans in 22 states and legal for animals in all 50 states as well as Canada.

Sources

• American Veterinary Medical Association. (2023). Pet disposal and aftercare options. https://avma.org

  Pennsylvania Code. (2022). Domestic animal disposal guidelines. https://www.pacodeandbulletin.gov

  Zawistowski, S. (2021). Aftercare laws and ethical decisions in pet loss. Animal Law Review, 27(2), 95–114.