(The Center Square) – Washington state Rep. Jim Walsh, R-Aberdeen, is hoping the third try is the charm for legislation that would allow families to bury loved ones on privately owned land under certain conditions.
Previous attempts during the last two legislative sessions stalled over concerns raised by the Washington Department of Archaeology and Historic Preservation, or DAHP, but Walsh told The Center Square during a Monday phone interview that he believes House Bill 1065 addresses those concerns.
“We made some specific changes that have to do with complying with state and federal law with wetlands and setbacks and other land use issues,” Walsh said.
He explained family burial plots have long been a tradition in Washington, particularly important to Native American tribes, but current law mandates burials be conducted exclusively by registered cemetery corporations.
“It is a practice in the tradition of a number of our Native tribes in Washington state, and that’s why the bill from the start has had good strong support from tribal communities,” Walsh noted.
The 2024 version of the bill cleared the House with nearly unanimous support, but stalled in the Senate.
During a March 14 Senate Law & Justice Committee hearing, Allyson Brooks with DAHP testified against the legislation.
“What happens to these cemeteries when they are sold to somebody else?” she asked. “Who’s going to take care of them and who’s going to remember that they are there?”
Brooks said DAHP was already studying state cemetery laws, acknowledging those laws need to be updated, and urged committee members to reject the measure and give DAHP more time to conclude their study.
“We just want to do it right,” Brooks said.
Walsh objected to having DAHP regulate family burial plots, and the latest version of the bill does not concede regulatory authority to the agency.
“The language in the bill is clear on who can do this and how. It leaves whatever regulatory oversight there is to local land use agencies,” he said. “I just don’t think that putting a state agency in charge of a family burial plot is the right administrative oversight.”
Walsh said current state law does not clearly define the practice, and many Washington families are carrying on their personal and cultural traditions with or without permission.
During the Senate hearing, Sylvia Miller, vice chair of the Puyallup Tribe, confirmed this and urged lawmakers to pass the bill.
She said despite being against cremation, some members have been forced to cremate loved ones’ remains due to a lack of space to bury them in tribal cemeteries.
“We have members that have buried their loved ones in their backyard because of this,” Miller said. “Our elders have buried their children in their backyards.”
Walsh said his bill is an acknowledgement such things are taking place.
“What the bill does is it clears that up and says, ‘Yes, this practice within certain parameters is legal,’” he said.
The bill states that the burial plot can only be a small percentage of the property, so someone with a small quarter-acre lot in a subdivision would not be authorized to bury a loved one on their property.
“It’s really designed more for those large parcels, like five or 10 acres or larger,” Walsh said.
The bill also makes clear it pertains to family plots and is not for commercial purposes.
“You can’t start a cemetery,” Walsh said. “It’s for family members and you could include extended family members like a cousin or an aunt or uncle.”
The bill also requires that landowners include on the deed any family burial plot on the property.
The 2025 legislative session begins Jan. 13 and is scheduled to end on April 27.
