Can You Be Buried at Sea? Rules, Permits, and Penalties

Burial at sea is legal across the United States under a standing general permit issued by the Environmental Protection Agency, so the rules for burial at sea are set by federal regulation rather than by any application you file in advance. No fee, no paperwork with the EPA before the service. What the permit does require is that you follow specific rules on distance from shore, water depth, how the remains are prepared, and a report filed within 30 days after the burial.

Rules for Full-Body Burials

A non-cremated body must be placed in the ocean at least three nautical miles from the nearest land and in water at least 600 feet deep. In three designated zones along the Gulf Coast and Florida’s Atlantic coast, the minimum depth rises to 1,800 feet to account for shallower continental shelf conditions and stronger near-shore currents. Those zones run from St. Augustine to Cape Canaveral, around the Dry Tortugas, and from the Mississippi River Delta across to Pensacola.¹

The point of the preparation rules is to make sure the remains reach the bottom quickly and stay there. If a casket is used, it must have at least 20 two-inch holes drilled into it so water floods the interior rapidly. It also has to be weighted and bound with a minimum of six bands, made of nylon or natural fiber, each at least one inch wide. A shroud can be used instead of a casket, but it must be made from biodegradable material and weighted enough to carry the body to the ocean floor.² The regulation does not specify whether the body must be embalmed; it defers to whatever practices the Navy, Coast Guard, or local civil authorities consider appropriate.

Rules for Scattering Ashes at Sea

Scattering cremated remains is simpler. The only location rule is the same three-nautical-mile buffer from shore. There is no minimum depth, so ashes can be scattered over relatively shallow coastal waters as long as you are far enough offshore.¹ Cremated remains can go directly into the water or be placed in a biodegradable urn designed to float briefly before sinking and breaking apart.

What You Can and Cannot Place in the Water

Flowers and wreaths made from natural, readily decomposable materials are allowed at the burial site.¹ Anything that will not break down naturally is prohibited: plastic flowers, metal wreaths, synthetic arrangements, tombstones, monuments, and artificial reef structures.² A bouquet of fresh-cut flowers tossed into the water alongside the remains is fine. A silk arrangement is not.

Where Sea Burials Are Not Allowed

The general permit only authorizes burial in ocean waters. The Great Lakes, rivers, bays, and other inland or enclosed waterways are not covered. Disposing of remains in those waters without a separate permit would be an unauthorized discharge under the Marine Protection, Research, and Sanctuaries Act.³

National Marine Sanctuaries are also off-limits under the general permit. NOAA does issue special-use permits for scattering cremated remains within a sanctuary, but those require a separate application.⁴ If a particular sanctuary location holds meaning for the deceased, contact NOAA’s Office of National Marine Sanctuaries before the service.

Paperwork You Need Before the Burial

The federal permit requires no advance filing with the EPA, but getting the remains from the place of death to the vessel involves state and local requirements that vary by jurisdiction. In most states, transporting a body for any form of final disposition requires a burial-transit permit, issued by a local registrar or health department after the death certificate is on file. Some states also require a signed release from the county medical examiner or coroner before a body can be transported for sea burial or cremation.

The death certificate itself should reflect the intended disposition. If the body is going to sea uncremated, the disposition field typically needs to read “burial at sea,” with the nearest port listed as the destination. A funeral director experienced with sea burials can handle this paperwork, and it is worth asking about early because a delayed medical examiner’s sign-off can push back the timeline.

Reporting the Burial to the EPA

Within 30 days of the burial, someone involved in the arrangements must notify the EPA.² This applies to both full-body burials and scattered ashes. The report goes to the EPA regional office corresponding to the port from which the vessel departed.

The required information includes the name of the deceased, the date of the burial, the type of remains, the departure location, the distance from the baseline, and the GPS coordinates of the burial site.⁵ You do not need to submit a death certificate or any other supporting documentation with the EPA report.²

The easiest way to file is through the EPA’s online Burial at Sea Reporting Tool, which includes an interactive map for entering coordinates if you do not have exact latitude and longitude. You can also contact the appropriate EPA regional office directly to report by other means.²

The Navy Program for Veterans and Service Members

The U.S. Navy runs its own burial-at-sea program, and eligibility is broader than many families realize. Active duty members, retirees, honorably discharged veterans, civilian marine personnel of the Military Sealift Command, and dependents of any of those groups all qualify.⁶

The person authorized to direct the disposition contacts the Navy and Marine Corps Mortuary Affairs office to request a packet. It requires a completed request form, a copy of the death certificate, a burial-transit permit or cremation certificate, and a copy of the DD Form 214 or equivalent discharge document. Cremated remains are shipped to a burial-at-sea coordinator at one of several ports, including Norfolk, Jacksonville, San Diego, Bremerton, and Honolulu. Casketed remains are only accepted at Norfolk and San Diego, and the family is responsible for all associated expenses, including a local funeral home near the port.⁶

The tradeoff is time and distance. The ceremony takes place during a ship’s deployment, so family members cannot attend. The average wait from the time remains arrive at the port to the actual committal is 12 to 18 months.⁶ Families receive a letter afterward confirming the date, location, and coordinates. For families who want to be present or hold the service on their own schedule, chartering a private vessel is the alternative.

Penalties for Breaking the Rules

The EPA’s enforcement focus is not on grieving relatives who file a late report, but the law carries real teeth. Any violation of the MPRSA or its regulations, including the conditions of the general permit, can result in a civil penalty of up to $50,000 per violation.⁷ That base figure is adjusted for inflation; the current maximum exceeds $248,000 per violation.⁸

Knowingly violating the statute is a criminal offense carrying up to five years in prison, a fine, or both. Property used in or derived from the violation is also subject to forfeiture.⁷ Each day that a continuing violation persists counts as a separate offense.⁹ Follow the distance and depth rules, skip the plastic flowers, and file the 30-day report. None of it is difficult, and the consequences of ignoring it are severe.

1
eCFR. 40 CFR 229.1 – Burial at Sea
2
U.S. Environmental Protection Agency. Burial at Sea
3
U.S. Environmental Protection Agency. About the Marine Protection, Research and Sanctuaries Act
4
Office of National Marine Sanctuaries – NOAA. Permits
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U.S. Environmental Protection Agency. Burial at Sea Reporting Tool Fact Sheet
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MyNavyHR. Burial at Sea
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Office of the Law Revision Counsel. 33 USC 1415 – Penalties
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eCFR. 40 CFR 19.4 – Statutory Civil Monetary Penalties, as Adjusted for Inflation, and Tables
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Environmental Protection Agency. Marine Protection, Research and Sanctuaries Act (MPRSA) and Federal Facilities