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Green Burial

Guidance for Burial of Human Remains on Private Property - In Unincorporated Weld County

The intent of this document is to describe requirements that should be adhered to in order to bury human remains on private property. This document only applies to agriculturally zoned properties that are located in unincorporated Weld County. In the event your property is located within (1) of the 31 municipalities, you need to check with the specific municipality as there may be different requirements.

The gaining of a benefit or collection of money as a function of burial would constitute a cemetery and subject the property owner to the other Weld County requirements which are not covered in this policy. Contact the Weld County Planning Department for further information if you will be collecting any fee.

This policy does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or maintained by public entities or businesses that inter people in the ordinary course of business and are available to the general public.

General requirements

A private burial affidavit per C.R.S 25-2-111 must be recorded with the Weld County Clerk and Recorder office located at 1402 N. 17th Ave., Greeley, (970) 353-3840; and a copy should be provided to the Weld County Coroner located at 905 10th Ave, Greeley, 970-392-4545. (Affidavits are available from the following Departments: Coroner, Clerk and Recorder, Corner, Vital Records, Planning, Environmental Health, and online at the Weld County webpage.

If the person died in Weld County, a death certificate and a Disposition Permit must be obtained from the Weld County Vital Records office located at 1555 N. 17th Ave., Greeley (970) 304-6210.

The owner of land that is used to inter a dead human body shall record the burial within 30 days after the burial with the County Clerk and Recorder in the manner prescribed by law.

Property must be located in unincorporated Weld County

Permanent grave marker shall be installed, unless the burial is a green burial, and then no marker is required

The property owner is the only entity allowed to bury on the parcel

Recommendations for burial:

Properties zoned Agricultural and consist of at least 10 acres

Parcels of at least 10 acres in size

10 feet from property lines and structures

100 feet from all wells, springs, drainage ways, ditches and bodies of water

25 feet from all potable water lines

10 feet from all components of an individual sewage disposal system (septic system)

5 feet above highest seasonal groundwater level and at least 3 feet below existing grade

Burials should not occur in the following locations:

Subdivisions

Easements

Floodway’s or Floodplains

Wetlands

Contact the following Weld County Departments for information regarding:

General requirements – Weld County Coroner – 905 10th Ave., Greeley, 970-392-4545

Floodway’s or Floodplains, Public Works -1111 H St., Greeley, (970) 304-6496 x3750

Septic Systems, Environmental Health,-1555 N. 17th Ave., Greeley, (970) 304-6415

Zoning, Planning – 1555 N. 17th Ave., Greeley (970) 353-6100 x3540

Disposition of remains or cremations

There is no requirement that a dead human body or fetus be buried in an established cemetery. Bodies or fetuses may be buried on private land unless local ordinances prohibit it. Cremation is considered "final disposition" and the State retains no control over disposition of the ashes. Ashes may be disposed of as the next of kin desires except for any restriction by local ordinances. It is important to check any federal, county or local laws and ordinances first before disposing of remains.

A funeral director is not required. However, the funeral director or person acting as such who first assumes custody of the body is the person primarily responsible for the process of completing the death certificate, obtaining the medical certification and filing it with the local registrar in the county of death.

Embalming is not required if disposal is within 24 hours. However, a dead human body or fetus kept more than 24 hours before burial or cremation MUST be embalmed or properly refrigerated.

The requirement is not specific concerning type or brand of container for transport. The intent is to preserve the public health and the dignity with which the dead human body is treated. The dead human body or fetus must be in a "tightly sealed container that will prevent the leakage of fluids or odor."

Private Burial Affidavit

Green Burial Affidavit

Green Burial HOUSE BILL 10-1275

Green Burial - House Bill

Information Request Form

Information Request Form