A Guide to Spreading Ashes Laws
A popular option for honoring a loved one who has passed away is the taking of their cremated remains and scattering them in a special place chosen by their family or loved ones. This practice is called ash scattering and is also sometimes referred to as "ashes scattering" or "ashes to ashes scattering." While not always, in many cases it is illegal to scatter remains in certain locations.
In general, it is the law of the state where the remains are stored that controls the legality of a given ash scattering. While it is important to have the permission of the property owner before scattering anywhere besides private property, it is also crucial to check local rules and regulations. Places where this practice may be restricted include lakes, rivers, and any other waterway where there may be a fish stock, forests, or anywhere else that is state-owned property.
The law of the state where the cremated remains is stored is generally the governing factor when considering where to scatter ashes. In some states, it is not legal to scatter ashes in protected waters, while in others, the remains must be put into a vessel compliant with EPA regulations. For the purposes of the EPA, waters that fall under the category of protected waters for the disposal of human remains must be in the ocean . This means that not only is scattering an individual person’s ashes out of the question in general, but even the scattering of a large container that would otherwise be used for burials at sea.
Lakes, rivers, or other bodies of water that are not the ocean or its tributaries are often under the jurisdiction of the state, so if there is any doubt at all regarding the legality of scattering into these waters, then it is always best to check the specific local laws.
Because of the nature of cremation, ash scatterings are often performed with family members and loved ones present. That being said, there are many reasons why families choose to perform an ash scattering. Ash scatterings are not only performed out of respect for the deceased, but oftentimes families will perform them as part of closure in the grieving process. Scattering ashes at a location that has significance to the deceased whether it is their hometown, favorite vacation spot, or some other special place, may help provide a sense of relief and closure to those who have lost a loved one.
In some cases, families will include an ash scattering as part of a larger memorial or funeral service, which may increase the numbers of witnesses to the practice. In those instances, it is crucial to be aware of the laws and to follow what the governing agency has required. If the area is state-owned or a part of some other protected land, then there may be further limitations or restrictions on the scattering.
Laws Regarding Ashes Scattering on Federal Lands
From a legal perspective, both the U.S. Environmental Protection Agency (EPA) and the National Park Service (NPS) have regulations to keep in mind when spreading ashes. EPA regulations are concerned with the environmental impacts of cremation, which bears directly on the legality of ash spreading. In 2019, the EPA issued a research report that included analyses of cremation and the impacts of the process. According to the report, "Cremated ashes do not present a threat if disposed of properly, although the substances contained within the ashes may be leachable in some cases." The NPS has similar regulations regarding the scattering of cremains within park boundaries. The NPS requires the completion of an application for a permit prior to the spreading of ashes: "A permit is required to scatter cremated remains on park lands. A permit is not authorized for cremated remains at a site where the ashes are intended to rest permanently. …The ashes should be scattered in a manner that does not unduly call attention to the act. The specific location of the scattered area must not be marked on any maps or otherwise publicized in any way."
State Laws About Ashes Scattering
The legality of ash scattering varies by state. In fact, some states have even gone so far as to delineate specific approved scattering locations and times, leaving ashes, once again, unaccounted for after death; that is to say ashes are considered to be abandoned property. In U.S. Code Title 36, Subtitle I, Part A, Chapter 1, Subchapter II, § 220505, the federal law recognizes ashes as an abandoned property. In Maine, the law is so rigid, that even if upon your death you wished to be buried on Mount Katahdin, Mount Katahdin is an incorporated area, a town in itself. As a result, ashes cannot be strewn there without the town’s permission. Yet, there are a some states with relatively relaxed regulations.
A few of the most lenient states in the union include Vermont, which has no laws with respect to the scattering of cremains, and North Carolina, that allows ashes to be scattered anywhere in the state as long as there is a permit on file and the landowner is made aware (although there are additional rules in the City of Charlotte, Charlotte County, and Mecklenburg County). In, Texas, as long as you have verbal permission from the recipient, there are no restrictions whatsoever with respect to the scattering of cremains. In Alaska, there is no law that addresses the scattering of ashes (the statute is silent), but a crematory may require a signed statement from the person requesting the scatter.
Most states, however, do have restrictions on the scattering of cremains. In Connecticut, the law prohibits the scattering of ashes anywhere in the state of Connecticut without the permission of the Commissioner of Energy & Environmental Protection. In New Jersey, ash scattering is forbidden until the DEPE issues regulations. In Wyoming, you cannot scatter ashes over an unapproved site.
Spreading Ashes on Private Property
The issue of spreading ashes over private property is a complex one because generally, the remains of the deceased are the property of the executor of the deceased’s estate (the trustee/trust beneficiary model). So, in keeping with those statutory provisions, it would normally be acceptable to have the permission of the trustee or beneficiary if those two bodies are different.
The owner of any real property has full discretion about use and alteration of their property and landowners have the right to prohibit any use of the property, including the spreading of human remains, without permission. In California, there is also a violation of California Penal Code Section 7050.5 which makes it a "misdemeanor to intentionally permit the physical remains of a deceased person to be scattered over public lands." Notably, this code section does not address private property.
As for the right to scatter or spread remains on private property, that will vary from state to state. For instance, in Nevada, there is no law prohibiting ash-scattering on private property, but the property owner has the right to permit or prohibit such action.
Ashes Scattering in Public Areas
There are no laws at the federal level prohibiting the scattering of cremated remains (ashes), but some states, counties, municipalities, preserve managers, and private property owners have set restrictions and/or permit requirements for scattering events. At the state level, as with many death related issues, laws vary. Most states do not have laws prohibiting the scattering of cremated remains in areas under the jurisdiction of the park services, beach services, and waters departments or any laws stating that permission must be obtained. However, public waterway management systems often do have policies in place governing the scattering of ashes. Here, the disposal is governed by federal laws regarding hazardous waste. Therefore , a crematory or funeral director must inform the Environmental Protection Agency (EPA) prior to scattering ashes into public waterways.
The U.S. Environmental Protection Agency requires that these conditions be met prior to these disbursing ashes into the water: Some states have viewed human ashes as medical waste (such as Texas), so it would be wise to check with the state’s environmental or health department before scattering ashes. Private property owners and associations (such as those in gated communities) have the right to prohibit the spreading of ashes on their properties. Naturally, the manager of a cemetery or a land trust that manages a preserve can also set regulations for the spreading of ashes on their property.
How Other Countries Scatter Ashes
Beyond the United States, where can you go to scatter ashes and what are the rules for doing so? Not surprisingly, Australia, Canada and New Zealand have relatively few restrictions, due in large part to their proximity to the ocean. When ashes are spread at sea, a few basic guidelines apply: In most Asian countries, there are strict regulations regarding the disposal of ashes. In Japan and Taiwan, for example, ashes must be handled only in a temple setting. The options for ash scattering in India are even more complicated, with Turkish gravesites located in the desert wilderness that are reserved for Indians emerging as a popular destination for ash scattering. Europe is a relative free-for-all. Italy is a popular destination for American travelers, and has very lax laws regarding the scattering of ashes on the sea. (Note: ash scattering on land can be done only in private settings.) Regulations in France allow for the spreading of cremated remains throughout the country, but not on or above the sea. So if you want to spread ashes on the La Seine near Notre Dame Cathedral, it’s best to do so in the early morning hours when no one is around.
Legal Ramifications of Ashes Scattering
The consequences of illegally scattering can range from fines to civil action. Enforcement takes many forms, depending on the individual situation, jurisdiction, and ashes’ origin. Some jurisdictions have gone further than administrative penalties. For example, Michigan has a specific law and procedure that address the problem of illegal scattering of ashes, and while no prosecutions appear to have occurred there, under this statute violation of the scattering law would generate a misdemeanor punishable by up to 90 days in jail and/or a $500 fine.
Actions can also be brought in civil court. Several years ago, a scrap wood company in Michigan, without permission, set fire to a wood pile that turned out to consist of both ashes and the remains of a deceased. The result was a significant fire that traveled to the water’s edge. The township sued for civil damages and won.
Case law — outside the burial context — also provides guidance on the consequences of violating the law as it relates to cremated remains. In an Ohio case, the defendant dumped some cremains into the marine waterway in the vicinity of the military cemetery where his father had been buried. The remains were identified as originating from one of two older crematoriums; since neither crematorium had authorization to dispose of remains in this matter, the defendant was fined more than $4,000.
But when local ordinances do not provide criminal penalties for improper disposition of cremains, be assured that trespass, littering or other nuisance law violations already on the books will be applied. If ground speak burial is involved, then there will be additional violations — depending on how the cemetery is organized and operated, cities may have an actionable case against the cemetery owner/operator for improperly allowing burial. Depending upon how the cemetery is organized and operated, the responsible officer of the cemetery corporation may have an actionable case against him or her for permitting the unauthorized burial on his or her watch.
There are also repercussions within the funeral industry. Funeral or cremation providers who violate ash scattering laws through negligence or intentional violation may be sanctioned by their state licensing authorities.
Arranging for Legal Ashes Scattering
Before scattering any ashes to surround a loved one with nature and provide them with a symbolic and beautiful resting place, you need to make sure you are taking the proper steps to comply with all relevant legal requirements. Specific local, state and federal rules may apply, depending on where you are located and the body of water over which you would like to spread your loved one’s ashes.
It is important to be aware of the rules surrounding spreading ashes on both public and private property, as well as the procedures for doing so. You should contact the town or municipality that has jurisdiction over the areas in which you’re thinking about holding the ceremony for specific instructions regarding the proper legal requirements.
As far as public property is concerned, you will likely need to get a permit to scatter ashes at a cemetery, park or beach. In some cases, there may be designated areas such as this where ash scattering ceremonies may be held without a permit . You may also need permission from family members of others who may be present at the ceremony.
If you would like to spread ashes in federally controlled waters, you’ll be required to give a notification to the Environmental Protection Agency (EPA) at least 30 days in advance. The EPA developed regulations that are administered by the U.S. Coast Guard that require individuals to notify the EPA of any intent to scatter cremated remains in any federal waters, with the exception of those in the territorial seas (which require no notice at all). You may find that some states require notification or permits as well.
The best ways to ensure that you comply with all legal requirements when scattering ashes is to look up the regulations enforced by the individual states and municipalities in which you wish to hold the ceremony. This way, you can be sure you’ve acquired all necessary permits and received specific instructions for legally scattering the ashes of your loved one.
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