Bill > HB2239

This bill allows individuals in Washington to establish "family burial grounds" on their privately owned land, aiming to provide more flexibility for interment choices and honor family connections to the land. A family burial ground can be created on land owned by a natural person, but if the property is co-owned, all owners must consent, and it cannot be on land co-owned with a business entity. There are specific setback requirements from property lines, critical areas, public rights-of-way, easements, and water sources, and the burial ground cannot exceed 10% of the parcel's area. Structures like mausoleums or columbaria built on these grounds must meet fireproof construction standards and local building codes, with violations resulting in a $500 civil infraction penalty. Property owners cannot sell plots or charge fees for services within a family burial ground. Within 30 days of any interment, the owner must report details of the deceased and the burial location to the state's department of archaeology and historic preservation and record it with the county auditor, including precise location coordinates. Before selling property with a family burial ground, the owner must disclose its existence to potential buyers. Relocating remains requires consent from specific surviving family members or court authorization, and the property owner is responsible for all costs associated with disinterment and reinterment, as well as obtaining a permit from the state department of archaeology and historic preservation. Cities and counties are authorized to create their own ordinances regarding family burial grounds. The bill also amends existing laws to define "mausoleum," "columbarium," and "interment" to include family burial grounds, clarifies that certain cemetery regulations do not apply to family burial grounds, and adds family burial grounds to the list of places where disposition of human remains is lawful, while also specifying that these grounds are not eligible for the same property tax exemptions as public cemeteries. Finally, the bill mandates that the existence of a family burial ground must be disclosed on a seller's property disclosure statement when selling residential real estate, with this provision taking effect on January 1, 2027.