Is It Illegal to Spread Ashes in the US? (All 50 States Inside)
Is it illegal to spread ashes in the US? Here’s tips to consider, plus a breakdown by each state to help you choose a meaningful final resting place.
Is it illegal to spread ashes in the US? Here’s tips to consider, plus a breakdown by each state to help you choose a meaningful final resting place.
In the midst of planning a loved one's cremation, you might be wondering what to do with the ashes. Some people choose to preserve them in an urn, others might consider the option of scattering ashes in a place of significance.
But then there’s the next question that arises: Is it illegal to spread ashes in the US?
There is no overarching federal law in the United States that prohibits the scattering of cremated remains. This means that, generally speaking, you have the freedom to choose a meaningful final resting place for your loved one — but there’s some caveats you’ll need to keep in mind.
As you make this decision, keep in mind that:
For private property:
For public property:
In this guide, we’ll answer the question “Is it illegal to scatter ashes” and take you through the rules for each state, along with what to consider for a respectful and legal scattering ceremony.
Regulations about spreading ashes in the US usually apply to two main locations: National parks and bodies of water. Here’s an overview of what you need to know:
The majestic landscapes of national parks can be a beautiful backdrop for spreading ashes. While many parks allow this practice, they often have specific guidelines in place to ensure environmental protection and respect for other visitors.
Spreading ashes at sea or in a river or lake is a popular option, and can be a personal and meaningful experience. But keep in mind that certain federal regulations from the Environmental Protection Agency (EPA) apply:
No specific regulations on scattering ashes on private property with landowner permission. Scattering on public property likely requires permission from the managing agency.
No statewide regulations on scattering ashes. Always check with local governing bodies and land managers for public property.
No specific regulations on scattering ashes on private property with landowner permission. You may require written permission from the Arizona Department of Environmental Quality for scattering on state trust lands like parks.
No state regulations on scattering ashes. Permission required from the landowner for private property and from the managing agency for public lands.
Requires a permit from the local health department for scattering on private property, unless done within a cemetery or established scattering garden. You will need written permission from land managers for public property.
No state regulations on scattering ashes on private property with landowner permission. May require a permit from local authorities for scattering in public parks or on public lands.
No state regulations on scattering ashes on private property with landowner permission. Written permission needed from land managers for public property.
No state regulations on scattering ashes on private property with landowner permission. Written permission needed from land managers for public property.
No state laws restricting scattering ashes. However, federal regulations apply for scattering ashes at sea.
No state regulations on scattering ashes on private property with landowner permission. Written permission needed from land managers for public property.
No state regulations on scattering ashes on private property with landowner permission. Written permission needed from the Department of Land and Natural Resources for scattering on state lands.
While no state regulations exist for scattering ashes on private property with landowner permission, some local authorities may require permits for public parks or lands. It's best to check with your local city or county for specific regulations.
No state regulations on scattering ashes on private property with landowner permission. However, written permission is always required from land managers for public property.
Scattering ashes on private property in Indiana is permitted with landowner consent. Public property requires written permission from the managing agency.
No statewide regulations restrict scattering ashes on private property with landowner permission in Iowa. Public lands require written consent from the land managers.
No state regulations on scattering ashes on private property with landowner permission. Written permission needed from land managers for public property.
Kentucky allows scattering ashes on private property with landowner consent. However, be mindful of any homeowners' association restrictions if applicable. Written permission is required from land managers for public property.
Scattering ashes on private property in Louisiana is allowed with landowner consent. Public lands require written permission from the land managers.
No state regulations on scattering ashes on private property with landowner permission. Written permission needed from land managers for public property.
No state laws prohibit scattering ashes on private property with the landowner's permission. Always obtain written consent from land managers before scattering on public property.
No state regulations on scattering ashes on private property with landowner permission. Public property requires permission from the managing agency.
No specific regulations, but consult with local health departments for any restrictions. Permission needed from land managers for public property.
Scattering ashes on private property with the landowner's permission is allowed in Minnesota. Be aware that some public areas may require a permit for scattering, so it's best to check with the local authorities beforehand.
There are no state regulations in Mississippi for scattering ashes on private property as long as you have the landowner's consent. Public property requires permission from the land managers.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
Scattering ashes on private property is permitted in Montana with the landowner's consent. Public property necessitates permission from the land managers.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
Due to its vast desert areas, Nevada has specific guidelines for scattering ashes on Bureau of Land Management (BLM) lands, which may require notification or a permit.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. May require a permit from the Department of Environmental Conservation for scattering ashes in state parks.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property. May require a permit for scattering ashes in some waterways.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
Scattering ashes on private property is permitted in Rhode Island with landowner consent. There are no special state regulations, but always check with the land managers for public property.
Similar to its neighboring states, South Carolina allows scattering ashes on private property with landowner permission. Public lands require approval from the land management agency.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
You can scatter ashes on private property with the landowner's permission. Public property requires obtaining permission from the land managers.
Similar to Nevada, Utah has large areas of desert land where scattering ashes may be permissible with prior notification or special permission.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. May require a permit from the Department of Ecology for scattering ashes in some waterways.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
No state regulations on private property with landowner permission. Permission needed from land managers for public property.
Remember: This information is for general guidance only. It's always best to check with your local health department or relevant land management agency for the most up-to-date regulations in your area.
They can advise on any specific permits or permissions needed for scattering ashes on private or public property within your jurisdiction.
Choosing a final resting place for your loved one is a deeply personal decision. Here are some tips to consider when selecting a location for scattering ashes:
Brainstorm locations that resonated with your loved one's life. Did they have a favorite fishing spot by a specific lake? Were they passionate about hiking and had a dream trail they never conquered? Consider scattering near a relevant landmark or place they cherished.
Think realistically about accessibility for family and friends who might want to participate in the ceremony. Is the location easily reachable for those with mobility limitations? Will it be feasible for your family to gather if that’s part of the ceremony?
Biodegradable urns are a fantastic option to minimize environmental impact. They are typically made of recycled paper or natural materials that decompose over time.
Be mindful of other people who might be using the chosen space. Avoid areas with high foot traffic, swimming zones, or active recreational areas. Opt for a discreet location that allows for a peaceful and respectful ceremony.
Imagine the location 10 or 20 years from now. Will it remain accessible to you or future generations who might wish to visit? Is the area prone to development or changes in ownership that could restrict access? Factor this into your decision.
We hope this guide helped answer all your questions about the legality of scattering ashes. Saying goodbye is never easy, and planning a memorial service can add to the stress of the moment.
At Meadow, we understand the weight of this task. We offer a more compassionate and meaningful way to celebrate a life well-lived with affordable and comprehensive cremation services and customized memorial planning.
Our team of caring planners partner with you in this tender time to ensure a smooth and meaningful cremation, and the option of a memorial service that is as remarkable as the life it honors.
We also assist with where you can scatter ashes legally. With our licensed team, you can expect:
