Home Cemeteries

Establishing a family cemetery on private property in Maine is relatively straightforward, thanks to the state's permissive burial laws. However, there are a few key steps and requirements to follow.

Creating a Family Burial Ground

To legally establish a home cemetery, the property owner must draft a written description of the land designated for burial and record it with the town clerk or the county register of deeds. While the law doesn’t require a formal land survey, the description should clearly define the location and boundaries. A simple statement such as "A 100-by-100-foot plot in the southwest corner of the property, marked by four stakes,” is sufficient.

Legal Requirements and Restrictions

Maine law requires that the boundaries of the burial ground be visibly marked—this can be done with a fence or other clear indicators. Additional regulations include:

• Size Limit: The cemetery must be no larger than one-quarter acre.

• Setbacks: It must be at least 100 feet from any residence or recreational area, and at least 200 feet from any well used for drinking water.

• Construction Buffer: No construction or excavation may occur within 25 feet of the burial ground.

Ownership and Access

Once a person is buried on the property, the designated burial ground becomes permanently protected. Ownership of that portion of land remains with the family in perpetuity, regardless of any sale or transfer of the surrounding property. Additionally, family members of the deceased are granted a legal right of access—from the nearest public road to the cemetery—even if the surrounding land changes hands.

Local Considerations

Before establishing a family cemetery, it’s strongly recommended to consult with local officials or planning boards. While state law permits private burial grounds, local zoning regulations may vary, and it's important to confirm that there are no additional restrictions.