How to Scatter Ashes Legally: Rules for Land, Sea, and Private Property

Scattering cremated remains in a meaningful place — the ocean, a beloved mountain, a family property — is one of the most personal ways to honor someone who has died. The good news: it's generally legal throughout the United States. Here's what the rules actually say.

Scattering at Sea

Scattering ashes in the ocean is specifically governed by the EPA under the Marine Protection, Research, and Sanctuaries Act:

Distance: Must be at least 3 nautical miles from shore
Materials: Only cremated remains and biodegradable materials (flowers, biodegradable wreaths) may be scattered; no urns, plastics, or non-biodegradable items
Notification: You must notify the EPA within 30 days (epa.gov/ocean-dumping — look for "burial at sea notification")
No advance permit required

Charter boat companies specializing in ash scattering are available in most coastal markets and include assistance with notification. Search "ash scattering at sea" plus your nearest coastal city.

Navy Burial at Sea (for veterans)

The US Navy provides burial at sea for veterans and their immediate family members at no cost. The service is performed from a US Navy vessel during a regularly scheduled training mission; families are not present. Contact Navy Mortuary Affairs at 1-866-787-0081 for eligibility and scheduling.

National Parks and Federal Lands

National Parks (NPS)

The National Park Service generally permits scattering of cremated remains, but with conditions:

Contact the specific park's ranger station or visitor center before your visit — policies vary by park
Many parks require a simple (often free) special use permit
Scattering is typically restricted to backcountry and remote areas, away from developed areas, trails, visitor centers, and water sources
Ashes should be scattered (not left in a pile); mixing into the soil is preferred
No structures, plaques, or permanent memorials may be installed without NPS approval

National Forests and BLM lands

The US Forest Service and Bureau of Land Management generally permit scattering of cremated remains on the lands they manage, often without a formal permit, as long as it's done respectfully and away from developed areas. Contact the local ranger district or BLM field office to confirm.

State and Local Parks

Rules for state parks vary significantly by state. Some states have explicit policies permitting scattering; others prohibit or restrict it. Contact the specific state park or state park agency before scattering. Local city and county parks often prohibit it or require a permit.

Private Property

You may scatter cremated remains on private property with the property owner's permission. If you own the property, you may scatter ashes there without any permit or notification. If you want to scatter ashes on someone else's property — a family farm, a beloved place — get permission in writing if possible, especially if you'll be returning in the future.

Scattering on Public Property (Rivers, Lakes, Roadsides)

Rivers, lakes, and other inland waterways vary widely in their rules. Many states permit scattering in navigable waterways; others have restrictions. Lakes in national parks follow NPS rules; lakes on state lands follow state rules. Roadside scattering on highway right-of-ways is generally not permitted without approval from the relevant transportation department.

What About Cemeteries?

Some cemeteries have designated scattering gardens — a dedicated area for scattering cremated remains, sometimes with a memorial book or marker. This is a good option for families who want a defined place to visit. Contact local cemeteries to ask if they offer this option.

Making It a Meaningful Ceremony

A scattering can be as simple or as elaborate as you want. Meaningful elements some families include:

Reading a poem, prayer, or passage that was meaningful to the person
Sharing brief memories or stories before the scattering
Bringing flowers or biodegradable items to scatter alongside the ashes
Planting a tree or native plants in the area (where permitted)
Taking photographs to preserve the memory of the occasion

Related Guides

Frequently Asked Questions

Is scattering ashes legal in the United States?

Yes, scattering cremated remains is legal throughout the United States, but the specific rules depend on where and how. Federal regulations govern scattering at sea (EPA Clean Water Act: must be at least 3 nautical miles offshore, and the EPA must be notified within 30 days); individual states regulate scattering on state lands; federal lands (national parks, national forests, BLM land) have their own policies; private property requires the property owner's permission; and some local jurisdictions have ordinances about scattering in certain areas. Unlike many countries, there is no federal prohibition on scattering ashes in the United States — but each context has specific rules. The general principle is: act with respect, follow the applicable agency's guidelines, and obtain any required permissions.

Can you scatter ashes at a national park?

The National Park Service allows the scattering of cremated remains in most national parks, but individual parks have varying rules and processes. Generally: scattering is permitted in backcountry and remote areas, away from developed areas, trails, and water sources; some parks require a special use permit (typically free or very low cost); the park's superintendent makes rules for their specific park; and ashes should be scattered in a way that is not visible — i.e., scattered or mixed into the soil rather than left as a pile. To scatter ashes in a national park, contact the specific park's visitor center or ranger station before visiting — ask about their permit process and any restricted areas. Most parks are accommodating for this request when approached appropriately. The specific park's website will often have information under "permits and reservations" or "special uses."

Can you scatter ashes in the ocean?

Yes — the EPA permits scattering cremated remains in the ocean under the Marine Protection, Research, and Sanctuaries Act (commonly administered under the Clean Water Act). Key requirements: the scattering must occur at least 3 nautical miles from shore; all materials scattered (including flowers or other biodegradable items) must be biodegradable; and you must notify the EPA within 30 days of the scattering (via the EPA's online reporting form). There is no permit required in advance — just the post-event notification. Many charter boat companies offer "ash scattering cruises" that travel to the required distance, provide a ceremony, and assist with EPA notification paperwork. The US Navy also offers burial-at-sea services for eligible veterans and their immediate family members at no cost — contact the Navy Mortuary Affairs office for eligibility and scheduling.