Exploring Burial Without a Casket in North America

When it comes to laying a loved one's remains to rest, traditions and personal preferences vary greatly. For some, a simple earth burial without a casket may feel like a more natural, environmentally-friendly choice. But what are the legal requirements around this practice in Canada and the United States? Can you actually be buried in just a shroud or cremation container? The regulations differ between countries and even states/provinces.

United States Regulations on Casket Use

In the U.S., there are no federal laws that require the use of a casket for burial. Rather, it is up to individual states and even counties or municipalities to set their own laws and regulations around this issue. Currently, the majority of states do allow for burial without a casket in some form.

States That Allow Burial Without a Casket

As of 2022, there are around 30 U.S. states where shroud or casket-free burial is permitted, either in all cemeteries or on private land in a designated family burial grounds. These include:

Alabama, Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, South Carolina, South Dakota, Washington, Wisconsin, Wyoming

Some of these states simply have no laws prohibiting burial without a casket. Others explicitly allow shroud or casket-free burial under specific guidelines, such as requiring a rigid outer container or burial in a designated green or natural cemetery section.

States Requiring Casket Use

On the other hand, there are strict casket requirements in the remaining 20 U.S. states. This includes:

Arkansas, Connecticut, Delaware, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia

Laws in these states mandate the use of a full casket or at minimum a rigid, approved outer container or burial box for disposition of remains.

So if this type of burial is important to you, be sure to understand your state and local regulations. Many funeral providers offer resources on compliant green burial options.

Canada Regulations on Casket Use

In contrast to the U.S., Canadian federal laws make no requirements for caskets, burial containers or grave liners for full body burial. Instead, it is up to individual provinces, territories, and even municipalities to set their own regulations.

Provinces Allowing Burial Without Caskets

The majority of provinces explicitly permit shroud or casket-free burial by following these basic guidelines:

• Alberta - No casket required. Remains can be buried in a shroud or cremation container.
• British Columbia - No casket required on rural properties for green burial grounds.
• Manitoba - No provincial requirements for caskets, up to municipal bylaws.
• New Brunswick - No caskets required for burial by religious groups.
• Newfoundland - Burial without caskets permitted in designated green burial sections.
• Nova Scotia - Burial shrouds and simple containers allowed per cemetery regulations.
• Saskatchewan - Casket is optional per provincial burial regulations.

Typically these areas allow for burial in a simple shroud or rigid, unfinished cremation container as long as cemetery operator approves and graves meet depth requirements.

Provinces with Casket Requirements

While no federal laws require caskets, a few provinces do have provincial regulations mandating rigid containers:

• Ontario - Requires a rigid container like a casket, coffin box or cremation container.
• Prince Edward Island - All remains must be enclosed in a rigid container.
• Quebec - A container is required, usually interpreted as a full casket.

So in these areas, some type of rigid enclosed container is required by law for full body burial. However, many eco-friendly casket options are available.

Following Municipal Cemetery Bylaws

In all provinces, even those allowing shroud burial, it is still up to the cemetery operator and local municipality bylaws.

Most require:

• Remains be enclosed in a rigid container (even if shroud or cremation box)
• Graves maintain minimum depth requirements
• Vaults or grave liners used in certain cemeteries

Eco-friendly cemeteries and religious/ethnic green burial grounds tend to be more flexible with the burial container requirements. But it's critical to review municipal bylaws with the cemetery operator.

The Natural Burial Path

While not the mainstream choice, the option of a simple burial without a casket does exist in much of North America for those interested in a more natural send-off. Whether you chose to have your loved one's remains in a simple burial shroud or biodegradable cremation container, interred in a green burial ground or on private land, this gentle return can feel deeply meaningful.

However, it requires some advance navigation of regulations and partnering with providers equipped to honor this wish respectfully and legally. Talk to your funeral director about options in your local area.