Burial Laws in Wisconsin (2026): Rules You Should Know

Most people never think about burial laws until they need them. Then it hits hard. Wisconsin has specific rules about what you can and can’t do with human remains. Let’s break down everything you need to know about burial laws in the Badger State.

What Are Burial Laws?

Burial laws regulate how you handle human remains after death. They cover where you can bury someone, who makes the decisions, and what paperwork you need. Wisconsin law protects both new burials and historic burial sites.

These laws exist for good reasons. They protect public health. They preserve cultural heritage. They also prevent disputes between families.

Who Decides About Final Arrangements?

Not sure who gets to make burial decisions? Wisconsin has a clear order.

The law gives the right to decide to specific people in this order. First comes anyone named in an Authorization for Final Disposition. This is a legal document you can create ahead of time. It names who should handle your remains.

If there’s no authorization, the order goes like this. Spouse or domestic partner comes first. Then adult children. Then parents. Then siblings. Then other next of kin. Finally, a friend or person responsible for burial costs.

Honestly, this hierarchy prevents a lot of family fights. But it’s smart to put your wishes in writing. That way, there’s no confusion.

Can You Handle a Burial Without a Funeral Director?

Yes, you totally can. Wisconsin allows family members to handle burials themselves. You don’t legally need to hire a funeral director.

This is called a family burial or home funeral. You can prepare the body at home. You can transport it yourself. You can even conduct the burial.

But here’s the catch. You still need to follow all the legal requirements. That means filing death certificates. Getting proper permits. Following local health rules.

Many families do this to save money. Others want a more personal experience. It’s legal, but it requires research and effort.

Embalming Requirements

Good news here. Wisconsin doesn’t require embalming in most cases.

Embalming is when fluids replace blood to preserve the body. It’s expensive and often unnecessary. Refrigeration works just as well for short periods.

You only need embalming in specific situations. If you’re shipping a body by common carrier, it must be embalmed. Unless your religion prohibits it. Or unless the body goes to academic research.

If embalming isn’t possible, the body needs a strong, sealed case for transport. Bodies with contagious diseases need special handling too.

Burial on Private Property

Wondering if you can bury someone on your own land? Maybe.

Wisconsin doesn’t have a state law against private burials. But local rules matter a lot. Counties and towns often have their own regulations. Zoning laws can restrict where burials happen.

Before you bury anyone on private land, take these steps. Contact your county planning department. Check with the local health department. Talk to your town or county clerk.

If you do bury someone on your property, make a map. Show exactly where the burial site is. File this map with your property deed. This protects future owners from accidentally disturbing the grave.

You’ll also need a report for final disposition. A funeral director normally prepares this. But families can file it themselves if they’re handling arrangements.

Cremation Rules

Cremation is getting more popular in Wisconsin. It costs less than traditional burial. Many people see it as more environmentally friendly.

Wisconsin requires cremation to happen at a licensed facility. You can’t just cremate someone anywhere. After cremation, the ashes go to whoever has the right to decide on final arrangements.

There’s a waiting period before cremation. You must wait 48 hours after death. The coroner or medical examiner must also issue a permit. This waiting period can be waived for contagious diseases.

Some crematories require you to use a funeral director. Others work directly with families. Make sure you ask before making plans.

What About Scattering Ashes?

Here’s where Wisconsin is pretty relaxed. The state doesn’t restrict where or how you scatter ashes.

You can scatter on your own property without permission. On someone else’s land, get permission first. Public lands need more research. Check local rules for parks and public spaces.

The ashes must be reduced to one-eighth inch or smaller. That’s about the size of a grain of rice. Most crematories do this automatically.

For water burials, federal rules apply. You can scatter in the ocean or Great Lakes. Stay at least three miles from shore. Use biodegradable materials only.

Want to scatter from an airplane? That’s legal too. Just remove the ashes from their container first. The FAA says cremated remains aren’t hazardous.

Cemetery Requirements

Not all land can become a cemetery. Wisconsin has specific rules about establishing burial grounds.

For established cemeteries, professional surveyors must create plats. These get recorded with the register of deeds. The plat shows cemetery lots, drives, and walks.

Family cemeteries are less regulated. But check local zoning first. Some areas require minimum acreage. Others have setback requirements from property lines.

If your property has 20 or more burial plots, different rules kick in. You might need cemetery authority licensing. You’ll definitely need better record keeping.

Protection of Existing Burial Sites

Hold on, this part is important. Wisconsin takes burial site protection seriously.

All burial sites in the state are protected. This includes Native American mounds. Historic cemeteries. Even unmarked graves. Age doesn’t matter. Who’s buried there doesn’t matter.

It’s illegal to disturb a burial site without authorization. Disturbing means digging, moving markers, or building on top. You need written permission from the Wisconsin Historical Society director.

If you find a burial site on your property, report it immediately. Don’t touch anything. Call the Burial Sites Preservation Office at 608-264-6464.

Property owners with cataloged burial sites get tax breaks. But they must protect the sites from disturbance.

Native American Burial Mounds

These deserve special mention. All Native American mounds are classified as burial sites.

Wisconsin has thousands of these mounds. Many are effigy mounds shaped like animals. They’re ancient burial markers dating back thousands of years.

State law protects all mounds automatically. You can’t disturb them even if they’re on your land. Archaeological evidence confirms they contain human remains.

Think of it like a natural historic site. The land is yours, but the mound itself is protected.

What Happens If You Disturb a Burial Site?

The penalties are serious. Really serious.

For regular disturbances, you face civil forfeitures. That means fines. Accidental disturbances still require reporting and proper handling.

For intentional disturbances, criminal penalties apply. You could face jail time. Fines can reach twice the value gained or damage caused. Court costs and investigation fees get added on top.

Commercial disturbances get hit hardest. Building on a known burial site for profit? You could spend up to one year in county jail. Plus massive fines calculated by the damage done.

Authorization to Disturb a Site

Sometimes disturbance is necessary. Maybe you’re building a road. Maybe utility lines need installation.

You can apply for authorization through the Wisconsin Historical Society. The process takes 60 to 90 days typically. The director weighs benefits to you against preservation interests.

You’ll need to notify interested parties. People can request hearings. The Burial Sites Preservation Board might get involved.

If approved, you pay for everything. That includes archaeological excavation. Analysis of remains. Proper reburial. These costs add up quickly.

Death Certificates

You need death certificates for almost everything after someone dies. Social Security benefits. Life insurance. Property transfers. Bank accounts.

In Wisconsin, certificates get filed within a few days of death. A doctor or medical examiner provides medical information. Family members provide personal details.

The local registrar of vital records receives the certificate. You file it with them directly. Get at least 10 certified copies if you’re the executor.

Funeral homes usually handle this process. But families managing their own arrangements must file certificates themselves.

Casket Requirements

No law requires a casket for burial. None at all.

Funeral homes can’t require you to buy their caskets. Federal law prohibits this. You can buy a casket anywhere. You can even build your own in most states.

Cemeteries might have container requirements. Some want concrete vaults. Others need specific materials. Always check with the cemetery first.

For cremation, you definitely don’t need a fancy casket. An alternative container works fine. Federal law requires funeral homes to offer these cheaper options.

Alkaline Hydrolysis

This is the new kid on the block. Also called water cremation or aquamation.

Alkaline hydrolysis uses water and chemicals to break down remains. It’s more environmentally friendly than flame cremation. Uses less energy. Produces no emissions.

Wisconsin allows this process. It reduces bodies to liquid and bone fragments. The bone fragments go to families just like cremation ashes.

Not all facilities offer this yet. It’s more expensive than regular cremation. But it’s growing in popularity.

The Funeral Rule

The Federal Trade Commission protects funeral consumers. The Funeral Rule applies in all states, including Wisconsin.

Funeral homes must give you price lists. They can’t require unnecessary purchases. You can choose only the services you want.

They must accept caskets from outside sources. They can’t charge handling fees just for spite. Embalming can’t be required unless legally necessary.

If a funeral home violates these rules, report them to the FTC. You have rights as a consumer. Don’t let anyone pressure you into unwanted purchases.

Historic Cemetery Maintenance

Found an old cemetery on your land? You have responsibilities.

You must protect it from disturbance. But maintenance isn’t legally required. Letting grass grow isn’t illegal. However, well-maintained sites are less likely to be accidentally disturbed.

You can partner with volunteer organizations. Local historical societies often help. Just make sure volunteers know the rules about not disturbing anything.

Abandoned cemeteries have special rules. Municipalities might need to take ownership. Check with your local government about responsibilities.

Planning Ahead

Smart people make plans before they need them. Seriously.

Create an Authorization for Final Disposition. This names who should handle your arrangements. It overrides the default legal hierarchy.

Write down your preferences. Burial or cremation? Location? Type of service? The more specific, the better.

Tell your family about your plans. Give them copies of important documents. Don’t hide information in a safe deposit box. They can’t access that until after probate.

Consider prepaying arrangements. But be careful with prepayment. Make sure your money is protected. Wisconsin regulates preneed trusts.

Cost Considerations

Funerals are expensive. Let’s be real about that.

Traditional burial can cost $7,000 to $12,000 or more. That includes funeral home services. Casket. Burial plot. Grave opening. Marker.

Cremation runs $600 to $4,000 typically. Much cheaper than burial. Direct cremation costs the least.

Family burials save money. But they require time and effort. You still pay for death certificates and permits.

Shop around. Prices vary wildly between providers. Don’t make decisions based on emotion alone.

Resources and Contacts

Wisconsin Historical Society Burial Sites Preservation: 608-264-6464 or [email protected]

State Vital Records Office: 608-266-1373

Department of Health Services for health code questions

County Register of Deeds for property records and burial site maps

Local funeral directors can answer specific questions even if you don’t use their services

National Home Funeral Alliance offers guidance for family burials

Frequently Asked Questions

Can I be buried in my backyard in Wisconsin? Possibly, but check local zoning laws first. Contact your county planning department and health department to verify regulations in your area. You’ll need proper permits and must file burial location with your property deed.

Do I need a funeral director in Wisconsin? No, Wisconsin allows family members to handle arrangements themselves. However, you must still complete all required paperwork, including death certificates and reports for final disposition.

How long can you wait before burying someone? Wisconsin doesn’t set a specific time limit, but refrigeration or embalming becomes necessary after 24 to 48 hours. Local health departments might have additional requirements for public health reasons.

Can you scatter ashes anywhere in Wisconsin? State law doesn’t restrict ash scattering, but check local ordinances for public spaces. Get permission for private property. Federal rules apply for water burials beyond three miles offshore.

What happens if I accidentally discover a burial site? Stop all work immediately and contact the Wisconsin Historical Society Burial Sites Preservation Office at 608-264-6464. Don’t disturb anything until you receive guidance. Accidental discoveries must be reported right away.

Final Thoughts

Wisconsin burial laws balance personal freedom with public protection. You have options for handling arrangements. Home burials are legal. Cremation is straightforward. Existing burial sites get serious protection.

The key is knowing the rules before you need them. Check local regulations carefully. They vary by county and municipality. State laws set the baseline, but local rules add restrictions.

Document your wishes in writing. Make sure family members know your plans. Keep copies of important documents accessible.

When in doubt, ask questions. County clerks can guide you. Health departments know local rules. The Wisconsin Historical Society helps with burial site issues.

Stay informed, plan ahead, and respect historic burial sites. That’s the Wisconsin way.

References

1. Wisconsin Statutes Chapter 157: Disposition of Human Remains (https://docs.legis.wisconsin.gov/statutes/statutes/157)
2. Wisconsin Statutes 69.18: Death Records (https://docs.legis.wisconsin.gov/statutes/statutes/69/18)
3. Wisconsin Statutes 157.70: Burial Sites Preservation (https://docs.legis.wisconsin.gov/statutes/statutes/157/70)
4. Wisconsin Department of Health Services: Family Disposition of Human Remains (https://www.dhs.wisconsin.gov/publications/p0/p00774.pdf)
5. Wisconsin Historical Society: Burial Site Laws (https://www.wisconsinhistory.org/Records/Article/CS3122)
6. Nolo Legal: Wisconsin Home Funeral Laws (https://www.nolo.com/legal-encyclopedia/wisconsin-home-funeral-laws.html)
7. Federal Trade Commission: Funeral Rule (https://www.ftc.gov/news-events/topics/protecting-consumers/funeral-rule)