RCW ch. 68.74 — Revised Code of Washington Chapter 68.74 RCW — Family Burial Grounds

RCW 68.74.010 Designation of family burial ground—Boundary requirements. (1) A natural person may designate an area of land owned by the person as a family burial ground. (2) If a property is co-owned by two or more natural persons, a family burial ground may be established on the property only with the written consent of all co-owners of the property. (3) A family burial ground may not be established on any property co-owned by a combination of natural persons and legal entities. (4) A family burial ground must be set back at least 25 feet from an existing parcel boundary and may not be established: (a) Within 150 feet of a designated critical area, as defined in RCW 36.70A.030; (b) Within 100 feet of the property line of a public right-of-way or boundary of an easement; or (c) Within 100 feet of an existing well source used for drinking water or 200 feet of an existing spring source used for drinking water. (5) A family burial ground may not comprise greater than 10 percent of the area of the parcel upon which it is established. [ 2026 c 173 s 2.] NOTES: Intent— RCW 68.74.020 Construction requirements. (1)(a) A mausoleum, columbarium, or similar structure constructed on a family burial ground and used or intended to be used for interments of human remains must comply with the requirements of this section, whether constructed under or above the surface of the earth, where any portion of the building is exposed to view, or, when interment is completed, is less than three feet below the surface of the earth and covered by earth. (b) A building on a family burial ground not erected for or not used as a place for interment of human remains which is converted or altered to such use is subject to this section. (2) A building or structure constructed on a family burial ground and intended to be used for interment of human remains: (a) Must be of class A fireproof construction and constructed with such material and workmanship as to ensure its durability and permanence as dictated and determined by most current mausoleum construction and engineering science; and (b) Must be constructed and installed on the family burial ground in compliance with all applicable local building permitting laws, public health laws, and laws governing class A construction. (3) Any person who violates this section commits a civil infraction enforceable according to chapter 7.80 RCW and is subject to a monetary penalty of $500. A notice of civil infraction may be issued by a local law enforcement officer or a local public health official if after investigation it has reasonable cause to believe an infraction has been committed. Cities, towns, and counties shall prescribe local procedures to ensure the owner of the property on which the burial ground is located remediates any violation of this section at the owner's expense. [ 2026 c 173 s 3.] NOTES: Intent— RCW 68.74.030 Limitations on financial transactions. The owner of the property on which a family burial ground is located may not: (1) Offer for sale plots in the family burial ground or space in a mausoleum or columbarium located on the family burial ground; or (2) Charge fees for any goods or services provided by the owner in connection with interment of human remains in the family burial ground. [ 2026 c 173 s 4.] NOTES: Intent— RCW 68.74.040 Reporting of interments. Within 30 days of each interment in a family burial ground, the owner of the property on which a family burial ground is located shall report the interment to the Washington state department of archaeology and historic preservation and record every interment with the county auditor of the county in which the land is situated. The owner shall report to the department and record with the county auditor: (1) The deceased person's name as it appears on the death certificate; (2) The deceased person's date of birth as it appears on the death certificate; (3) The deceased person's date of death as it appears on the death certificate; (4) The name of the owner or owners and the legal description of the property, including the assessor parcel number, where the human remains are interred; and (5) The latitude and longitude coordinates of the grave, mausoleum, or columbarium, such as those given by a global positioning system, that are verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff. [ 2026 c 173 s 5.] NOTES: Intent— RCW 68.74.050 Disclosure to prospective buyers. Before the sale of the property on which a family burial ground is located, the owner of the property shall disclose to the prospective buyer the existence of the family burial ground and any mausoleums or columbaria erected on the family burial ground. [ 2026 c 173 s 6.] NOTES: Intent— RCW 68.74.060 Relocation of interred remains—Reporting. (1)(a) The owner of the property on which a family burial ground is located may relocate human remains from the family burial ground with the written consent of one of the following surviving family members, in the order named: (i) The surviving spouse or state registered domestic partner of the decedent; (ii) The surviving children of the decedent; (iii) The surviving parents of the decedent; or (iv) The surviving siblings of the decedent. (b) The surviving family member who gives consent to relocate human remains from the family burial ground has the right to designate another lawful place for disposition of human remains in which the relocated human remains will be reinterred. (2) If the property owner is unable to obtain the required consent from any surviving family member specified in subsection (1) of this section: (a) The property owner may petition the superior court of the county in which the family burial ground is situated for an order authorizing the relocation of human remains from the family burial ground; and (b) The property owner has the right to designate another lawful place for disposition of human remains in which the relocated human remains will be reinterred. In designating a place to reinter the remains, the property owner shall make all reasonable efforts to consult with any surviving family members of the person whose remains will be relocated from the family burial ground. (3) Upon obtaining the required consent or court authorization, the owner of the property must notify the Washington state department of archaeology and historic preservation and obtain a permit from the department to disinter the human remains from the family burial ground and to reinter the human remains in another lawful place for disposition of human remains. (4) The owner of the property on which a family burial ground is located is responsible for all costs associated with disinterring human remains from the family burial ground and reinterring the remains in another lawful place for disposition of human remains. [ 2026 c 173 s 7.] NOTES: Intent— RCW 68.74.070 City and county ordinances. Cities and counties are authorized to enact ordinances regulating or prohibiting the establishment of family burial grounds or the extension of existing family burial grounds and to give power to local planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment or extension of family burial grounds. [ 2026 c 173 s 8.] NOTES: Intent—