Where Is It Allowed to Scatter Ashes (and Where Not)
Scattering the ashes of a cremated relative in a place they loved in life can be a powerful and poetic experience if the place they loved isn’t Yankee Stadium.
If you choose the wrong place to scatter someone’s ashes, your touching memorial service can actually become a crime, so before you start scatter someone’s ashes, it’s worth knowing where it is and where it’s against the law.
How Cremation Works
The cremation process uses heat and fire to turn a corpse into ashes littered with bone fragments. After two to three hours in a chamber operating at 1600 to 1800 degrees Fahrenheit, you end up with about five to nine pounds of sand-like remains, which is a fair amount of sand-like material to consider.
From there, the remains are placed in an urn (or just a box) and given to the next of kin for burial, storage, or scattering. If you choose the “scatter” option, you need to know where it’s legal and acceptable.
Laws around the ashes
According to dictionary definitions, the things in this urn are classified as “human remains”, but legally this is usually not the case. Strict laws regarding how more intact human remains can be transported, stored, or documented do not generally apply to remains. Unlike a corpse, you can store the remains on your robe or scatter them in nature – with some caveats. Because if you’re going to be throwing the remains outside, it can be tricky. Some states, such as Florida, do not have ash spreading laws; others, like California, are tougher. But even if you’re in Florida, federal, state, and municipal regulations will most likely apply, so you’ll need to do some research on your desired dispersal location.
Can you scatter the ashes in the ocean?
US federal law generally allows you to dispose of human ashes (and intact bodies !) at sea, provided you are more than three miles from land and the water is over 600 feet deep. There are some exceptions in some parts of the country, but as a rule, if you are far enough away, this is allowed. There are laws about other things you can throw into the water along with your ashes, so pay tribute to biodegradable material – think real flowers and wreaths, not plastic ones, and don’t throw in the non-degradable biodegradable urn itself.
Can ashes be scattered in the national park?
Scattering ashes is generally allowed in most national parks, but not all. For example, you cannot scatter the ashes on Alcatraz. However, parks that allow ash spreading require a special permit to use, and there are guidelines as to where you can spread it. In Yellowstone Park, for example, you cannot scatter ashes in the thermal areas of the park.
To apply for a permit, visit the website of the national park you are aiming for and apply online. The park’s website will likely list any non-scatter areas, such as “near the road” or “right by the creek,” along with other recommendations. There is usually a small fee for a special use permit, about $25. It can take a month or more for everything to be ready, so plan ahead. You should also call the park rangers for general advice and information, and let them know what you are doing.
Can ashes be scattered in the national forest?
As a general rule, you are not allowed to scatter ashes in the US National Forest.
Can you spread the ashes in state forests, state parks, or local parks?
State forests do not allow the ashes to be scattered at all. State parks often follow the same “you can, but you need a permit and there are rules” principles as national parks. More locally managed parks is nonsense.
In any case, contact the relevant authorities for the necessary information.
Is it possible to scatter ashes from an airplane or airship?
FAA rules prohibit anyone from throwing objects that could be dangerous from an aircraft, but the remains are generally not considered dangerous, so you can do it, but you can’t throw the urn away with it. But remember, where location matters, federal, state, and local laws regarding the spread of ashes are generally the same, whether you scatter them from three or 10,000 feet in the air.
Legality aside, throwing ash from an airplane is a tough task with all sorts of potential for disaster, so make sure someone involved knows what they’re doing if you choose this option.
Can ashes be scattered on private property?
In most states, you can scatter ashes on private property if you have permission from the owner of the land.
Can you scatter the ashes on the beach?
It depends on the beach. It can be private, urban, or part of a state or national park, so you’ll need to contact the beach watchdog to determine if it’s legal to scatter the ashes there.
Is it possible to scatter the ashes in the cemetery?
In most cemeteries, you can’t just scatter ashes at will, but many of them have special “scatter gardens” where you can put your loved ones. They usually charge a fee. If the cemetery is privately owned, you need permission from the owner. If this is a public cemetery, this will depend on local laws, so contact the agency that manages the site and ask.
Can you scatter the ashes in lakes, rivers and streams?
Do not scatter the remains into inland waters.
Do you need a permit to scatter your ashes outside of a national or state park?
Some states require a permit to scatter ashes anywhere within their borders. Some states don’t. It’s best to do a little research first to find out what laws apply.
Can you scatter the ashes at Disney World, Dodger Stadium or the golf course?
You may not scatter ashes in amusement parks, golf courses, or stadiums without the permission of their owners. They won’t (generally) give you permission (Disney won’t, of course), but people try to do it in secret anyway, whether they’re sports fans wanting to be buried with their team or Disney fans who want to experience “It’s a small Peace” for all eternity. Do not do that. It’s a crime, it ruins the area, and even if you manage to secretly throw what’s left of Grandma into the waters of the Pirates of the Caribbean, her remains will be vacuumed up and thrown into the trash.