The Basics of Arkansas Pet Burial Law
When a beloved animal companion passes, the first instinct of many people is to think about burial. Pet burial is an important part of processing grief, and it enables owners to create lasting memories of their pets. But it’s important to research your legal obligations regarding burial. States have varying laws about whether or not pet burial is permitted, where pets can be buried and whether or not burial sites must be registered. In most states, including Arkansas, pet burial is generally permitted as long as it occurs on the pet owner’s own property. However, there are certain exceptions to this rule that may apply to pet owners in specific jurisdictions. Pet owners in Arkansas should understand the state laws that regulate pet burial in order to ensure that they are in compliance. At this time, Arkansas law contains no regulations specifically related to pet burial on private property. That said , the state has passed some regulations related to burial and pet cemeteries that pet owners should be aware of in case they wish to pursue these options. Pet cemeteries must be located at least two miles from the boundary of an established town or city, unless the local government has passed an ordinance permitting a closer proximity. Pet cemeteries may not be located within 500 feet of a railroad facility, a properly stocked water supply or a location where livestock is kept. Pet owners in Arkansas can apply to start a pet cemetery, transporting the remains of deceased animals according to the law. These requirements include: It’s very likely Arkansans will not find pet burial to become a significant issue in any situation, but it’s still beneficial for pet owners to familiarize themselves with the rules and regulations that apply to this process.
Pet Burial Options in Arkansas
While most pet owners prefer a traditional burial for their deceased dogs, Arkansas law provides many alternative methods for pet decisions. Cremation is a popular end-of-life choice as it offers pet owners the choices of having the ashes returned, keeping the ashes on display in a special place, or scattering the ashes. In Arkansas, there are two types of pet cremation options: communal and individual. In communal pet cremation, pet remains are cremated with those of other animals. In individual pet cremations, the remains are cremated separately and respectfully returned to the owners. In addition to these two types of cremation, there is also something called aquamation, which is a process that uses high pH levels, heat, and agitation to dissolve the remains of a dog. Aquamation is a growing trend in Oregon but has seen little use (as of this writing) in Arkansas. However, under existing law, it is permissible.
At this point, you may be interested in the private property burial option for your dog. Pet owners have the right of burial or disposal for their pet remains on their own property but cannot dispose of remains in public places. Pet owners cannot dispose of waste in ditches, streets, or any other public thoroughfare. Pet owners must produce reasonable proof that the remains are being properly disposed of. There is no prohibition against disposal in commercial areas. While the law makes no mention of this, a permit to bury a pet on private property should probably be sought from your local health department, especially if your dog was sick or euthanized, and for large dogs or livestock. The health department is not likely to object to a traditional burial if the burial meets their regulations, but do not be surprised if the health department wants to inspect your property.
Another option is a private pet cemetery. This is different from a pet crematory, which offers cremation services for deceased pets, typically by sending them to a private cemetery for burial. On the contrary, a pet cemetery is a location that is dedicated solely to the burial of pets on its grounds.
After the burial is finished, pet owners will want to mark the pet’s grave. This may be done as simply as placing stones on the grave, or as elaborately as erecting a permanent memorial stone such as a headstone. There are companies that sell specialty stones and other pet memorial items, including some that ship nationally at reasonable prices.
Pet Burial and Private Property
In the state of Arkansas, pet owners like yourself are permitted to bury their beloved pets on private property, including your own yard, assuming certain conditions are met. However, these conditions can differ by municipality, so it is advisable to contact local animal control for specific rules and guidelines.
Commonly, a minimum distance requirement of 200 feet may be required from any man-made body of water or reservoir. Also, the pet burial must be a minimum distance of at least 300 feet from private water wells and potable water supplies. Depth guidelines for the burial must also be enforced, including maintaining a depth of at least four feet. It is also recommended that you use a biodegradable casket to prevent potential contamination of soil or groundwater.
Most counties or municipalities will require you to follow strict and legally binding guidelines when burying your pet on your private property. Arkansas has an array of different types of topography, substrate, and hydrology that can affect the rate of soil percolation. Factors such as the burial site location, the method of burial, and the nature of the burial material can all effect how and if surrounding soils become contaminated, and what the ideal conditions are for preserving the animal’s remains.
Local ordinances will probably require that you contact a licensed veterinarian to complete and file a proper certificate of good death on your behalf following your pet’s death. Predisposed health conditions are not likely to be an issue, although your animal should be buried on-site within 48 hours of death. You will need to ensure that you obtain the owner’s consent whether you are burying your horse on a farm or placing your dog in an urban yard. Lastly, keep in mind that there are many local city limits that do not allow any human or animal burial.
Arkansas Pet Cemetery Rules
If you are considering a burial for your pet, Arkansas law provides the rules for pet cemeteries in the state. Arkansas Code Annotated Chapter 19 addresses the requirements for pet cemeteries. A non-profit organization may designate land on its property as a cemetery for pets and bury the pets there. The nonprofit must be exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 such as social welfare organizations, religious organizations or charitable organizations. The nonprofit is not required to have a license from the Department of Agriculture , but it cannot operate a pet cemetery unless it registers with the department. It is prohibited from operating a pet cemetery in violation of state law related to regulation of cemeteries, local ordinances, or the bylaws of the nonprofit organization. A valid registration with the Department of Agriculture may be requested to ensure the cemetery meets the requirements. The Department obligates the pet cemetery to keep records of payments for interment and inspections of the burials.
Burial Alternatives: Cremation
An Arkansas animal burial law states that there are three choices when it comes to the final disposition of a pet: burial, cremation, or placement in a mausoleum. If you’re thinking about options for your pet, know that licensed and regulated companies in Arkansas specialize in the cremation of pets. If you take your pet to an animal shelter, ask about cremation services; many shelters (including the Little Rock Animal Village) offer cremation services. The average cost of pet cremation is between $30 and $60, which includes a certificate that documents the cremation. The cremated remains are often returned to the pet parent via special urns or jewelry pieces. Some companies even offer discount packages for clients who wish to cremate multiple pets at the same time. Additionally, some vets occasionally work with veterinarians who specialize in pet cremation and have connections to companies that offer these services. If you prefer a traditional burial, check with your vet, your local animal shelter, or your local Department of Health to learn about the animal burial options for pets. Another great resource that may provide you with information on where to safely bury a pet is the Arkansas Veterinary Medical Association, a statewide organization of veterinarians.
Environmental Issues and Health Risks
When considering the pet burial laws in Arkansas, you should also keep in mind some environmental issues. The fact that Arkansas is home to several large water bodies means that there are ample opportunities for contamination from pet graves. Contamination does not only occur from pet carcasses. Some of the things that can also contribute to contamination include: You should be especially cautious when digging a grave for your pet. Try not to leave too much dirt on the surface, as you never know where it might end up. Additionally, you should never have dog feces spread over the graves for various reasons. Pet burials are not suitable for all locations. Some cemeteries do not allow burials , and larger cemeteries usually require permits. Additionally, the grave must not be within a certain distance of any well, stream, or other water source. Refrain from using fertilizers on the grave to promote vegetation, as these can end up in local streams, killing aquatic life. Burying your pet is usually the most environmentally responsible option for pet owners. However, in areas like salt marshes, this might not be the case. These ecosystems are very fragile, and burying pets in these areas may kill the marsh grasses and make some species of insects vanish from the area, which can then destabilize the local food web.