What Are The Laws On Scattering Ashes?
Is scattering ashes legal? This is question that is frequently asked by those considering cremation or who have a loved one who has already been cremated.
Scattering cremated remains has grown in popularity as a meaningful and personal way to commemorate a loved one, allowing each family to give their lost one a unique lasting memory.
Why Do People Scatter Their Loved One’s Ashes?
Scattering the ashes of a loved one at a location that they loved in life can be therapeutic. It introduces the opportunity for their friends and family to find closure if they are not comfortable with having their remains stored in an urn or other container.
However, if you intend to scatter the ashes of a loved one, you should do so with caution.
Laws on scattering ashes vary state-by-state, and federal law may take precedence over state law in the case of ash dispersal over water. So, while preparing for an over-water scattering, it is recommended to research the local and federal laws that may apply to scattering cremated remains over bodies of water.
Where Can I Scatter Cremated Remains?
In most jurisdictions, ashes may be scattered on private property with the owner’s permission or public land with the authorities’ approval.
For example, Texas state law allows people to disperse cremated remains over uninhabited public land, along a public waterway or sea, or on private property, if the owner grants permission. Unless the container is biodegradable, the cremated remains must be removed from the container.
On the other hand, California’s restrictions state that ashes should be disposed of by scattering in a cemetery burial garden or anywhere there is no local ban and with the written permission of the property owner or governing agency. Ashes may also be stored at home, buried in a cemetery, kept in a church or other religious structure, or sent to a columbarium.
Scattering Ashes at Sea
The Clean Water Act requires that ashes be dispersed at least three nautical miles from land. The Clean Water Act also applies to bodies of water such as rivers and lakes. You may be required by law to obtain a permit from your state’s waterways department if you want to bury someone on an island.
Ashes scattered at sea must be placed in a container that will decompose quickly or disposed of separately. The Environmental Protection Agency should be notified within 30 days of scattering cremated remains.
The Neptune Memorial Reef is one-of-a-kind and more permanent option for disposing of ashes at sea. The reef is located 3.25 nautical miles offshore from Key Biscayne, Florida, covering 16 acres of the ocean floor.
Scattering Ashes by Air
Many grieving individuals choose to scatter their loved one’s ashes via aircraft.
Most states do not have legislation prohibiting scattering ashes by air, but federal law does prohibit the discharge of materials that might harm people or damage property. Cremated remains alone are not regarded as hazardous material, but you should remove the ashes from their container for safety reasons.
Interested in Preplanning Cremation? Find a Cremation Provider Near You
If you would like to plan cremation services in advance, there are cremation providers that offer preplanning as well as at-need cremation. Preplanning cremation is a popular option because it’s affordability and flexibility. The following cremation providers offer preplanned cremation services across the country: