Legal Services

	"There's a family in the county that wants to set up a private cemetery on their property. Can they do that?"

What are the requirements for someone to establish a family cemetery on their own property?

A family may establish a cemetery on its land provided the family complies with deed restrictions and other legal requirements, such as flood plain regulation. Under Health and Safety Code §711.008, there are restrictions on the location of a cemetery based on proximity to a city and the population of the city. More information on the laws governing family cemeteries is available on the Texas Funeral Service Commission website. Additionally see our publication Short Answers to Common Questions: Cemeteries and Pauper Burial.