A different House bill from the one reported on below but identical in subject matter, HB 2239, evaded our tracking and crossed the finished line before sine die. The bill now awaits the Governor’s signature.

Sponsored by Rep. Hunter Abell (R–Inchelium), the bill is almost identical in content to the other House bill described below; however, HB 2239 also adds the ability to construct a mausoleum, columbarium, or similar structure to inter remains on private property. For the uninitiated, a mausoleum is a crypt that entombs remains, and a columbarium is an above-ground structure that provides niches for permanent placement of human remains.

HB 2239 authorizes cities to regulate or prohibit family burial grounds, including extensions of existing family plots.

Bill allows more than Fido to be buried in your backyard

February 6, 2026

The proposal to expand private property rights to include human burials is back. HB 1065, sponsored by Rep. Jim Walsh (R–Aberdeen), resides where it left off last session—poised in the Rules Committee for a second reading.

The bill defines “family burial ground” as an area of privately owned land that is designated by the new act for the ground burial of human remains. Despite the term “family,” burials are not restricted to family members; however, plots may not be sold and no fees may be charged in relation to the burials.

There are restrictions on the size and location of the burial ground, but not on the capacity of human remains. Each burial must be recorded with the county auditor, and sites must be disclosed prior to the sale of the property.

Similar to whether you can bury Fido in your backyard, although state law allows for it, some cities may not. Section 6 of HB 1065 allows cities and counties to either regulate or prohibit family burial grounds, including extensions of existing family plots.