For the past several years, we’ve seen an increase in the number of people who wish to be cremated after death, rather than buried. This is in large part due to the rise in burial costs, but many people also cite environmental and land use concerns, as well.
In some cultures, cremation has been a common practice for centuries. In the US, however, it’s relatively new. As a result, many families aren’t sure how best to celebrate the life of their loved ones without a traditional burial.
Scattering ashes is one option, but where can you legally scatter ashes? Before you start planning your service, it’s important to make sure that you won’t get yourself into any trouble.
Read on to learn more about cremation laws that determine where you can and can’t scatter ashes as you start to make your cremation arrangements.
If you’ve never been responsible for planning a memorial service or ceremony that involves scattering ashes, you likely don’t know where you are legally allowed to do so. Keep in mind that this guide is designed to give you a better sense of your options and you will still need to request permission or a permit in most instances. Let’s take a closer look.
National parks fall under the category of public land with federal protections. Many of us develop a deep sense of connection with one or more national parks across the country, making them desirable places to scatter ashes.
The good news is that you can scatter ashes in most national parks. However, there are guidelines on where you can do so, which may vary from one park to another. Typically, you will need to move away from any walking trails, picnic areas, or other places that visitors may frequent.
You will almost always need a permit to scatter ashes in a national park. When you request your permit, make sure that you get a full list of areas where you may scatter cremated ashes, as many parks are also home to protected ecosystems or archeology that you shouldn’t disturb.
Overall, it is legal to scatter ashes in the ocean. In fact, you are allowed to put anything in the ocean that will decompose with ease, including untreated wreaths, floral arrangements, and biodegradable urns. However, there are some rules you need to follow to do so without any trouble.
The first is to make sure that you are at least three nautical miles away from land. You can scatter ashes into the ocean by boat or by plane as long as you are far enough away from the shore. While you do not need to acquire a permit, you do need to report the activity to the EPA within 30 days.
What about ponds, lakes, and rivers? This is where things become a little more complicated, and you’ll need to do research on the individual waterway you’re considering before making your arrangements.
Most other waterways do not fall under federal law or regulation, which means that the same rules that apply to the sea do not apply to them. Many lakes and rivers are regulated by more than one state, making it more complicated to acquire permission to scatter ashes in them. If the waterway is contained, like a pond, and exists only on private property that you have permission to use, then it is likely okay to proceed.
There are two types of property, including land, in the United States: public and private. When you want to scatter ashes on public land, you will need to consult the proper governmental agencies that are in charge of managing that land. (This can include federal, state, and local government agencies.)
When it comes to private property, you must secure permission from the owner. If it is your own property, you may do what you wish with your loved one’s ashes. If the property belongs to someone else, you need a verbal or written agreement establishing that you have permission.
We do recommend requesting a written agreement before scattering ashes on someone else’s private land. This will afford additional protections in case disputes come up after the fact.
There is often a bit of confusion about popular attractions like stadiums, concert venues, and amusement parks. Yes, these popular attractions may use tax dollars to operate and yes, they are visited by hundreds or thousands of people on a regular basis. However, that doesn’t make them public properties.
Depending on the attraction in question, receiving permission to scatter ashes may not be simple. You may find it difficult to get in touch with the right authorities.
Should you run the risk of scattering ashes in one of these places without permission? We don’t recommend it. If you are caught, the staff or owner will likely call the police and remove the ashes of your loved one from the premises.
Graveyards may seem like a reasonable place to scatter ashes. In fact, many families want to scatter their ashes near the grave of another family member who was already buried. Is this legal?
While there are some public graveyards, you will still need to consult the government agency in charge of regulating those grounds. If the graveyard is private, follow the same line of action we’ve suggested for any other private land.
Some graveyards now have what is called a scattering garden. This is a designated garden area where you may scatter ashes. While this isn’t quite the same as scattering ashes over the gravesite of another loved one, it is still a beautiful symbolic gesture that can provide meaning and closure.
If you intend to cremate a loved one, the first step is picking the right cremation package. At Lone Star Cremation, we offer several packages to meet your needs and your budget.
In addition to pointing you in the direction of places to legally scatter ashes, we also have a few tips for planning your ceremony or service. Let’s take a quick look at some things to keep in mind.
As we’ve stressed many times in this guide, it’s always important to verify state and local laws before making your decision. In the state of Texas, laws regarding where to put ashes are somewhat relaxed. Other states, however, may have strict rules and regulations that you’ll need to know about.
The weather can make a big impact on the success of your ceremony. While we tend to have warm weather all year round in Texas, northern states may experience below-freezing temperatures in the fall and winter seasons. Because ash scattering services are performed outside, you’ll want to aim for a day that isn’t rainy, windy, or otherwise storming.
Do you need to travel with your loved one’s cremated remains to another destination? It is legal to fly with cremated ashes. We recommend placing the ashes in a sealed container like an urn and placing them in your carry-on bag so that you can make sure that they’re secure for the duration of the flight.
If you’re inviting other family and friends to join you when you scatter your loved one’s ashes, make sure to communicate the plan. This is especially important if the process involves hiking, boating, or doing any activity that may be difficult for anyone with limited mobility. If your plan excludes a number of important people, consider scattering your loved one’s ashes in more than one place so that more invited guests can be part of the experience.
There are many reasons to still purchase an urn when you’re scattering your loved one’s ashes. Urns are more attractive and secure than plastic bags or cardboard boxes. Plus, you may want to keep some of the remains with you or reuse the urn for future ceremonies.
There are urns that are designed for scattering ashes, but as long as the urn you choose can be reopened, it will work for your needs.
If you’re planning a ceremony that involves scattering ashes, it’s important to ask the question, where can you legally scatter ashes? This guide will point you in the direction of possible options, but it doesn’t take the place of a permit or written permission from a property owner.
Whether you’re making future plans for your own remains or current plans for a loved one, Lone Star Cremation is here to help. Start planning on our website or book an appointment today to work with us.
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