SHB 2239
SignedHouse
Family burial grounds
Providing Washingtonians and their loved ones with location choices for interment of remains.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill creates a new legal framework for family burial grounds on private land in Washington, allowing individuals to bury loved ones on their own property under specific conditions. It sets rules for location, size, construction of burial structures, recordkeeping, and property disclosure, while giving local governments authority to regulate or prohibit such grounds.
- Allows private landowners to designate part of their property as a family burial ground, with restrictions on size (max 10% of parcel), location (25-foot setback from property line, 150 feet from critical areas, 50 feet from easements/right-of-ways), and ownership (only natural persons may co-own the land).
- Requires mausoleums and columbaria on family burial grounds to meet class A fireproof construction standards, comply with local building permits, and be recorded with the county auditor within 30 days of each burial.
- Prohibits selling burial plots or charging fees for interment services on family burial grounds — these must be used only for family or personal purposes.
- Requires disclosure of existing family burial grounds to buyers when selling the property.
- Allows cities and counties to pass local rules (ordinances) regulating or banning family burial grounds, and to involve planning commissions in reviewing proposals.
- Amends existing laws to explicitly include family burial grounds in definitions of 'cemetery', 'interment', and related terms, and excludes them from certain state cemetery licensing and tax exemption rules.
Who is affected
- Private landowners — Property owners who wish to bury loved ones on their own land can now legally establish a family burial ground, with specific rules about location, size, and documentation.
- Families seeking private burial options — Families who want to keep burial decisions within their family or close-knit group (e.g., relatives, close friends) can do so on private land without needing to use a licensed cemetery.
- Local governments — Local governments (cities and counties) gain authority to regulate or prohibit family burial grounds through local ordinances, including requiring planning commission review.
- Construction and funeral service providers — Mausoleum and columbarium builders must follow strict construction and permitting rules if building on a family burial ground, or face civil penalties.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Enables individuals to exercise personal and religious autonomy over burial location and practice, supporting cultural, spiritual, and ancestral connections to land—particularly meaningful for Indigenous, rural, and immigrant communities with traditional burial customs.
Rights & LibertiesPeopleRef: Sec. 2–8Mandatory recording of interments with GPS coordinates and death certificate data improves traceability and accountability, aiding public health tracking and disaster response coordination while reducing risk of unmarked or mislocated graves.
Public SafetyPeopleRef: Sec. 5Property disclosure requirements protect homebuyers from unintentional purchase of land containing burial grounds, reducing legal disputes and emotional distress—especially beneficial for first-time and low-income buyers unfamiliar with local land history.
HousingPeopleRef: Sec. 6Civil infraction penalties ($500) and enforcement authority for local law enforcement or public health officials create a baseline accountability mechanism to ensure mausoleum/columbarium safety and compliance, protecting public health from substandard construction.
Public SafetyPeopleRef: Sec. 3(3)Explicitly excludes family burial grounds from state cemetery licensing, tax exemption restrictions, and certain regulatory frameworks, reducing bureaucratic burden for families and avoiding unnecessary state oversight of private, noncommercial burial practices.
Local GovernmentLean peopleRef: Sec. 12, 14, 16, 17, 18
Potential Concerns (5)
Prohibiting co-ownership of land with legal entities (e.g., LLCs, trusts) prevents many middle- and upper-income families from using estate planning tools to manage burial land, disproportionately affecting those who rely on trusts or business structures for asset protection and intergenerational transfer.
Rights & LibertiesRef: Sec. 2(3)The 10% parcel cap and 25-foot setback requirements may prevent burial on smaller or highly fragmented parcels—common in urban and suburban areas—effectively excluding lower-income households and residents of densely populated counties like King or Snohomish from accessing this option.
HousingRef: Sec. 2(5)Mausoleum/columbarium builders must meet Class A fireproof construction standards, which are costly and technically demanding, raising barriers to entry for small local contractors and potentially increasing construction costs for families seeking custom structures.
Business & EmploymentRef: Sec. 3(2)(a)Local governments gain authority to regulate or ban family burial grounds, which may lead to inconsistent, restrictive, or politically motivated local policies—especially in counties with strong NIMBY sentiment—creating uncertainty for landowners and potentially denying equal access across jurisdictions.
Local GovernmentRef: Sec. 7(2)(b)The ban on selling plots or charging fees for interment services prohibits families from recovering even modest costs (e.g., grave-lining, site preparation, memorialization), effectively requiring families to self-fund all expenses out-of-pocket—disproportionately burdening lower-income households.
Business & EmploymentRef: Sec. 4
Who Is Most Affected
Rural landowners and families in areas with limited cemetery access gain the most—especially those with cultural or religious preferences for home burial. However, those in urban areas may be excluded due to parcel size and setback constraints.
Families seeking culturally specific or low-cost burial options benefit, but lower-income households may be priced out by construction costs and unable to use legal entities (e.g., trusts) for co-ownership, limiting access for estate-planning-savvy households.
Local governments gain regulatory authority but also added administrative and enforcement responsibilities. Rural counties may see more adoption; urban counties may restrict or prohibit grounds due to space and NIMBY pressures.
Small contractors face higher construction standards (Class A fireproofing), raising costs and barriers to entry. Funeral homes and licensed cemeteries may see reduced demand for basic burial services, but may also offer new consulting or coordination services.