(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—2026 c 173: "It is the intent of the legislature to enable creation of family burial grounds on privately owned property in order to provide greater flexibility and options for individuals in choosing where to be interred.
It is further the intent of the legislature to honor and support individual and family connectivity with the land." [ 2026 c 173 s 1.]