Washington owners can designate land for family burials under limits

A person may designate privately owned land as a family burial ground. The land must be privately owned. A burial ground may, but does not have to, be limited to people related by birth, marriage, or adoption. All co-owners must give written consent. Land owned jointly by people and legal entities cannot be used. The burial ground may cover no more than 10 percent of the parcel and must be at least 25 feet from parcel boundaries. It also must stay at least 150 feet from designated critical areas, 100 feet from public rights-of-way and easements, 100 feet from drinking-water wells, and 200 feet from drinking-water springs. Owners may not sell burial plots or space in a mausoleum or columbarium, or charge for goods or services related to an interment. Cities and counties may regulate or prohibit burial grounds and their expansion.

The property owner must report and record each interment and disclose the burial ground when selling the property. These duties apply to the owner of property where a family burial ground is located. The report and county record must include the deceased person's name and birth and death dates, property details, and the grave's location. Two witnesses or an authorized county official must verify the location. The report and county record are due within 30 days after each interment. Disclosure is required before the property is sold.

The property owner may relocate remains only with family consent or a court order, and must obtain a state permit. These rules apply to remains in a family burial ground and to the owner of the property where it is located. Consent must come from a surviving spouse or registered domestic partner, then children, parents, or siblings, in that order. If the owner cannot obtain consent from any of them, the owner may ask the county superior court for permission. The consenting family member may choose another lawful place for the remains. If the court authorizes relocation, the owner must make reasonable efforts to consult surviving family members when choosing the new place. The owner must pay the relocation costs.

A mausoleum, columbarium, or similar structure used for interments on a family burial ground must meet construction rules. These rules cover mausoleums, columbaria, and similar structures built or converted for interments on family burial grounds. The structure must use class A fireproof construction and comply with local building permits, public health laws, and class A construction laws. A person who violates these rules commits a civil infraction and may be fined $500. Local officials may issue a notice after an investigation finds reasonable cause, and local governments must set procedures to address violations at the owner's expense.