Scattering the ashes of a cremated relative at a place they loved in life can be a powerful and poetic experience, provided the place they loved isn’t Yankee stadium.
If you choose the wrong location to spread someone’s ashes, your touching memorial service could actually constitute a crime, so before you commence scattering, it’s worth knowing where it is and isn’t legal to do so.
How cremation works
The cremation process uses heat and fire to transform a corpse into ash littered with bone fragments. After two to three hours in a chamber operating at 1,600 to 1,800 degrees Fahrenheit, you end up with around five to nine pounds of sand-like cremains—which is a fair amount of sand-like material to consider.
From there, the cremains are placed in an urn (or just a box) and given to the next of kin to bury, keep, or scatter. If you choose the “scatter” option, you need to know where it’s legal and acceptable to do it.
The laws around ash-scattering
By dictionary definitions, the stuff in that urn would be classified as “human remains,” but in a legal sense, this generally isn’t the case. Strict laws covering how more substantially intact human remains can be transported, stored, or documented generally don’t apply to cremains. Unlike a corpse, you can keep cremains on your mantle, or you can scatter them in nature—with some caveats
Because if you’re going to scatter cremains outside, it can get complicated. Some states, like Florida, have no laws regarding scattering ashes; others, like California, are more rigid. But even if you’re in Florida, federal, county and municipal regulations are likely to apply, so you need to do some research on your desired scattering location.
Can you scatter ashes into the ocean?
U.S. federal law generally allows you to dispose of human ashes (and intact corpses!) 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 general rule, as long as you’re out far enough, it’s allowed. There are laws about other things you can drop into the water with the ashes, so keep any tributes to biodegradable material—think real flowers and wreathes, not plastic ones, and don’t toss in the non-biodegradable urn itself.
Can you scatter ashes in a national park?
Scattering ashes is generally allowed in most national parks, but not all of them. You can’t scatter ashes on Alcatraz, for instance. The parks that do allow ash-scattering require a special use permit, however, and there are guidelines for where you can spread them. In Yellowstone Park, for example, you are not permitted to scatter ashes in the park’s thermal areas.
To apply for a permit, visit the website of the national park you’re aiming for and apply online. The park’s website will probably list any no-scattering areas like “next to the road,” or “right beside to a stream,” alongside other guidelines. There is generally a small fee for a special use permit, around $25. It might take a month or more for everything to be finalized, so plan in advance. You should also call the park rangers for general tips and information, and to let them know what you’re doing.
Can you scatter ashes in a national forest?
You are generally not permitted to scatter ashes in a U.S. national forest.
Can you scatter ashes in state forests, state parks, or local parks?
State forests generally don’t allow scattering of ashes. State parks often share the same “you can, but you need a permit and there are rules” guidelines as national parks. More locally managed parks are a crapshoot.
In any case, contact the relevant authorities to get the information you need.
Can you scatter ashes from an airplane or dirigible?
FAA regulations forbid anyone from throwing objects from aircraft that might pose a hazard, but cremains are generally not considered hazardous, so you can do it—but you can’t huck the urn out with them. But remember: Where the cremains land matters, and the federal, state, and local laws regarding spreading ashes are generally the same whether you scatter them from three feet or 10,000 feet in the air.
Legalities aside, scattering ashes from an airplane is a complicated endeavor with all sorts of possibilities for disaster, so make sure someone involved knows what they’re doing if you choose this option.
Can you scatter ashes on private property?
In most states, you can scatter ashes on private property, as long as you have the permission of the land’s owner.
Can you scatter ashes at the beach?
It depends on the beach. It could be private, city-run, or part of a state or national park, so you need to contact the authority that oversees the beach to determine whether it’s legal to spread ashes there.
Can you scatter ashes at a cemetery?
You cannot just scatter ashes at will at most cemeteries, but many have designated “scattering gardens” where you can deposit your loved ones. They generally charge a fee. If a cemetery is privately owned, you need the owner’s permission. If it’s a public graveyard, it will depend on the local laws, so contact the agency that administers the site and ask.
Can you scatter ashes into lakes, rivers, and streams?
You cannot scatter cremains into inland waters.
Do you need a permit to scatter ashes outside of a national or state park?
Some states require a permit to scatter ashes anywhere within their limits. Some states do not. Your best bet is to do a little research first to figure out what laws apply.
Can you scatter ashes at Disney World, Dodger’s stadium, or on a golf course?
You are not allowed to scatter ashes at amusement parks, golf course, and stadiums without the permission of their owners. They will (generally) not give you permission (Disney certainly won’t), but people try to do it covertly anyway, whether it’s sports fans wanting to be buried with their team, or Disney-philes who want to experience “It’s a Small World” for all eternity. Don’t do this. It is a crime, it ruins the grounds, and even if you manage to secretly drop what’s left of Grandma into the waters of Pirates of the Caribbean, her cremains will be vacuumed up and thrown into the garbage.
