You can legally spread ashes in many places, but not just anywhere. Where you can scatter cremated remains depends on a patchwork of federal, state, and local rules tied to the type of land or water involved. Private land needs the owner’s permission. National parks require a permit. Ocean scattering is allowed under an EPA general permit if you stay at least three nautical miles from shore. National forests and Bureau of Land Management lands are generally open to scattering. State parks, lakes, and rivers vary by state, and some prohibit it outright. The details below cover each setting.
On Private Property
If you own the land, you can scatter ashes on it. No federal permit or government approval is needed. Some local zoning ordinances and homeowners’ association covenants restrict what you can do on residential property, so it’s worth a quick check with your local government or HOA board before the ceremony.
When the property belongs to someone else, you need the landowner’s written permission. Without it, you are trespassing. Get the agreement in writing rather than relying on a handshake, especially if the property might change hands later.
Many locations people assume are “public” are actually private. Sports stadiums, amusement parks, golf courses, and resorts fall into this category. Permission is required, and rarely granted.
In National Parks
The National Park Service allows ash scattering but requires a Special Use Permit at nearly every park. You apply by contacting the specific park’s administration office, and processing can take several weeks, so plan ahead. Fees vary by park. Acadia National Park charges $55 for a memorialization permit.1National Park Service. Acadia National Park Special Use Permits Saguaro National Park charges nothing.2U.S. National Park Service. Special Use Permit – Saguaro National Park
Permit conditions are fairly consistent across parks. Ashes must be fully refined with no recognizable fragments. You have to scatter away from trails, roads, waterways, and developed areas. The remains must be fully dispersed rather than piled or buried in one spot, and you cannot leave behind memorial objects like plaques, urns, or planted flowers. Carry the permit with you during the ceremony, because a ranger may ask to see it.3National Park Service. Scattering Cremated Remains Permits – Gulf Islands National Seashore
In National Forests
National forests, managed by the U.S. Forest Service, have no specific regulation addressing ash scattering. The Forest Service itself acknowledges this and defers to state and local law.4United States Department of Agriculture Forest Service. Rocky Mountain Region FAQs Scattering in a national forest is generally permitted as long as your state does not prohibit it. Call the local ranger district office before your visit to confirm no area-specific closures or restrictions apply.
On BLM Land
The Bureau of Land Management oversees roughly 245 million acres of public land, mostly in the western United States. Its policy is the most permissive of any federal agency. Individual, non-commercial scattering is classified as “casual use,” which requires no permit or authorization.5Bureau of Land Management. Instruction Memorandum 2011-159 – Scattering of Cremated Remains Casual use covers short-term, non-commercial activity that does not damage the land or its resources.
The BLM still expects you to follow applicable state laws, and individual land units can impose notification requirements if scattering activity in a particular area becomes heavy. For most one-time family ceremonies on BLM land, no paperwork is needed.5Bureau of Land Management. Instruction Memorandum 2011-159 – Scattering of Cremated Remains
In State and Local Parks
State and local parks have no uniform national policy. Some maintain designated scattering gardens. Others prohibit the practice entirely. Some allow it with a permit on a case-by-case basis. Call the administrative office of the specific park, be prepared for a “no,” and have a backup location in mind.
At Sea
Ocean scattering operates under a federal general permit issued by the EPA under the Marine Protection, Research, and Sanctuaries Act. The word “general” is key: you do not need to apply for individual permission in advance. You simply follow the conditions built into the permit, and you are automatically authorized.6U.S. Environmental Protection Agency. MPRSA General Permits
The conditions are specific. Cremated remains must be scattered at least three nautical miles from shore.7eCFR. 40 CFR 229.1 – Burial at Sea Unlike full-body burials at sea, cremated remains have no depth restriction as long as the three-mile distance is met. Any flowers or wreaths placed in the water must be made of materials that decompose readily in the marine environment. Metal, plastic, and other non-decomposable items are prohibited.8US EPA. Burial at Sea
After the scattering, you must report the event to the EPA within 30 days. The report goes to the EPA Region from which the vessel departed, and the agency provides an online reporting tool. You do not need to submit a death certificate.8US EPA. Burial at Sea The report asks for the name of the deceased, the date and GPS coordinates of the scattering, the distance from land, water depth, and contact details for the person who arranged the ceremony.
In Lakes and Rivers
Inland waters operate under a completely different framework than the ocean. Federal law under the MPRSA does not apply to lakes, rivers, or other freshwater bodies. The EPA defers entirely to state-level regulation, and states vary widely.8US EPA. Burial at Sea Some states allow scattering in rivers and lakes with minimal restrictions. Others prohibit it outright or require a permit from the state environmental or health agency.
Check with your state’s environmental agency, health department, or mortuary board before scattering in any freshwater body. The three-nautical-mile rule, the EPA reporting requirement, and the general permit structure apply only to ocean waters.
From an Aircraft
Aerial scattering is legal under federal aviation rules, though the FAA does not specifically mention cremated remains. The governing regulation prohibits dropping any object from an aircraft that creates a hazard to people or property, but expressly allows dropping objects when reasonable precautions are taken to avoid injury or damage.9eCFR. 14 CFR 91.15 – Dropping Objects Cremated remains are inert and powdery, so they do not pose a hazard as long as the pilot releases them over unpopulated areas or open water at sufficient altitude for full dispersal before reaching the ground. A private pilot must also follow all standard FAA rules on airspace, altitude, and flight safety.
Keeping Ashes at Home
No federal law prohibits keeping cremated remains in your home. Ashes are not classified as hazardous material, and no license or permit is required to store them in a private residence. You can divide the remains among family members or keep portions in different containers. If you later decide to bury ashes in your yard, check local zoning ordinances first, as some municipalities restrict private burial even of cremated remains.
Who Gets to Decide
Before planning a scattering ceremony, make sure the right person is making the decision. Every state has a legal hierarchy that determines who controls the disposition of remains. The order typically starts with anyone the deceased specifically designated in writing, then moves to the surviving spouse, adult children, parents, and siblings. When multiple people share the same priority level, such as several adult children, a majority may need to agree.
If family members disagree, the funeral home or crematory will usually hold the remains until the dispute is resolved. Some states explicitly authorize this holding period by statute. Families that cannot reach agreement may need to involve a court, and these disputes can delay a ceremony for months. The simplest way to avoid them is for the deceased to name a disposition agent in writing before death, which most states recognize as legally binding.
Penalties for Scattering Without Permission
Consequences depend on where you are and who catches you. On federal land, violating a national park permit requirement can result in a citation and a fine under the federal regulations governing the park system. State-level penalties vary widely. Some states treat improper scattering as a misdemeanor with fines from a few hundred to over a thousand dollars. Others have no specific penalty because they have no specific law on the subject.
The more common risk is having the ceremony interrupted. A park ranger or property manager who discovers an unpermitted scattering in progress will stop it, turning a meaningful family moment into a confrontation. Getting the right permissions ahead of time protects both the legality and the dignity of the occasion.