Legal Guide to Spreading Ashes
An important question to ask before you decide to lay your loved one’s ashes to rest by spreading them over their favorite location is, “Is it legal?”
It is always legal to scatter ashes on your private property or private property with permission. It’s also legal to scatter at legally designated scattering areas, like scattering gardens in a cemetery.
While there aren’t police looking to catch you in the act, there are some places where scattering is prohibited and could result in fines or minor criminal charges if you did happen to get caught.
Federal Laws on Spreading Ashes
Federal law only regulates the spreading of ashes at sea.
Laws On Spreading Ashes at Sea
Ocean burials can be a meaningful and healing way to lay your loved one to rest and spreading their ashes at sea is a timeless way to memorialize those who have passed. The Environmental Protection Agency regulates burials at sea to preserve our oceans’ health and safety. The rules are simple for scattering ashes, here are the basics:
You must be at least three nautical miles from the shore before scattering ashes at sea. The depth of the water does not matter.
Only decomposable items can be scattered on the water. Florists will make sea safe wreathes that will decompose or you may scatter individual flowers.
After scattering the ashes at sea, you must notify the EPA within 30 days of burial. (Aerial Funeral will complete all needed documentation with the EPA).
There is no application or any fees to pay for scattering ashes at sea. As long as you follow the rules, sea burials fall under a special MPRSA general permit.
Only humans can be buried at sea, as the EPA does not permit the scattering of non-human remains.
State-by-State Laws on Scattering Ashes
Many states have no laws prohibiting the scattering of ashes.
Aerial Funeral will seek and gain permission before scattering on private or private property that is open to the public. We will also check with local municipalities for any additional regulations. We will seek park directors’ permission to scatter at national and state parks. We will always be considerate of others and use common courtesy when scattering your loved one’s ashes.
Alabama - There is no state law regulating the scattering of ashes.
Alaska - There is no state law regulating the scattering of ashes.
Arizona - There is no state law regulating the scattering of ashes.
Arkansas - State laws stipulate that you must have written permission from the property owner if scattering on private land.
California - California has a few laws about scattering, including that ashes must not be distinguishable to the public once scattered. Local regulations regarding scattering must be followed.
Colorado - Ash scattering in Colorado is allowed if you have permission from the private or public land you use.
Connecticut - There is no state law regulating the scattering of ashes.
Delaware - State law says cremation ash may be disposed of however the receiver desires.
Florida - There is no state law regulating the scattering of ashes.
Georgia - There are very few state laws about cremation here but check where you’re scattering with local authorities.
Hawaii - There is no state law regulating the scattering of ashes.
Idaho - There is no state law regulating the scattering of ashes.
Illinois - State law allows ash scattering on private lands with permission and in designated scattering areas.
Indiana - State law in Indiana allows for scattering on private lands with permission, on uninhabited public land, or a waterway. State code requires that you file documents with the local county recorder ten days before scattering.
Iowa - In Iowa, ash scattering must adhere to applicable local rules, and you must have the property owner’s permission to scatter on any public or private land.
Kansas - There is no state law regulating the scattering of ashes.
Kentucky - Ash scattering is permitted in Kentucky on private land, with permission of the property owner, or in a legally defined scattering area.
Louisiana - There is no state law regulating the scattering of ashes.
Maine - In Maine, you can scatter ashes on private property with permission. Approval is needed for scattering on public lands.
Maryland - There is no state law regulating the scattering of ashes.
Massachusetts - With permission, ash scattering is permitted on private property and public land like national parks.
Michigan - There is no state law regulating the scattering of ashes.
Minnesota - It’s legal to scatter ashes in Minnesota on public property, including lakes.
Mississippi - There is no state law regulating the scattering of ashes.
Missouri - There is no state law regulating the scattering of ashes.
Montana - There is no state law regulating the scattering of ashes.
Nebraska - There is no state law regulating the scattering of ashes.
Nevada - There is no state law regulating the scattering of ashes.
New Hampshire - There is no state law regulating the scattering of ashes.
New Jersey - Ashes can be scattered in New Jersey on private property, with permission if it’s not your own. They can also be scattered on public property, including lakes and rivers, with approval from the state, county, or local government.
New Mexico - There is no state law regulating the scattering of ashes.
New York - There is no state law regulating the scattering of ashes.
North Carolina - Ashes can be legally scattered in North Carolina on your property, on other private property with permission, and uninhabited land.
North Dakota - There is no state law regulating the scattering of ashes.
Ohio - There is no state law regulating the scattering of ashes.
Oklahoma - There is no state law regulating the scattering of ashes.
Oregon - There is no state law regulating the scattering of ashes.
Pennsylvania - There is no state law regulating the scattering of ashes.
Rhode Island - There is no state law regulating the scattering of ashes.
South Carolina - There is no state law regulating the scattering of ashes.
South Dakota - There is no state law regulating the scattering of ashes.
Tennessee - There is no state law regulating the scattering of ashes.
Texas - In Texas, you can scatter ashes on uninhabited public land, over a public waterway, or on private property with consent from the property owner.
Utah - There is no state law regulating the scattering of ashes.
Vermont - There is no state law regulating the scattering of ashes.
Virginia - There is no state law regulating the scattering of ashes.
Washington - Washington supports the scattering of ashes on any navigable waterway or land as long as you have the landowner’s permission.
West Virginia - There is no state law regulating the scattering of ashes.
Wisconsin - There is no state law regulating the scattering of ashes.
Wyoming - There is no state law regulating the scattering of ashes.