As of 2026, roughly 28 states allow water cremation, also called alkaline hydrolysis or aquamation. New Hampshire is the only state that explicitly bans it. The rest simply have no law on the books yet, which in practice means no provider will offer the service there. And legality is only half the picture: in several states that allow water cremation, no funeral home has installed the equipment, so families still have to look across state lines.
The 28 States Where Water Cremation Is Legal
These states have authorized water cremation, either by passing a dedicated alkaline hydrolysis statute or by broadening their legal definition of “cremation” to cover non-flame processes:
- Alabama
- Arizona
- California
- Colorado
- Connecticut
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Kansas
- Maine
- Maryland
- Minnesota
- Missouri
- Nevada
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- South Carolina
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wyoming
How each state got there varies. Arizona enacted a law in 2023 that created specific licensing requirements for alkaline hydrolysis facilities and operators.1Arizona Legislature. Arizona Revised Statutes 32-1343 – Alkaline Hydrolysis Operators; Licensure; Application; Qualifications; Fingerprinting Colorado and Kansas took a lighter approach, removing the words “direct exposure to intense heat” from their cremation definitions so any reduction process qualifies. Florida expanded its cremation definition in stages to cover methods beyond incineration. Hawaii added a specific “water cremation” definition in 2022.
Legal But Not Yet Available
Legality on paper doesn’t guarantee a provider down the road. In several states where water cremation is permitted, no funeral home or crematory has installed the equipment. Idaho, Kansas, Vermont, and Wyoming are among the states where the law allows the service but finding an operating provider is still difficult.2Cremation Association of North America (CANA). Alkaline Hydrolysis If you live in one of these states, your local funeral director can usually coordinate transfer of the remains to a provider in a neighboring state, though expect additional transportation fees.
Where Water Cremation Is Not Permitted
New Hampshire has the only explicit ban. State law prohibits the disposal of human remains through alkaline hydrolysis under N.H. Rev. Stat. § 325-A:30.
The remaining states have no legislation specifically authorizing or prohibiting the practice, which keeps providers out: funeral homes and crematories won’t operate without clear legal authority. States without authorizing laws include Alaska, Arkansas, Delaware, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Dakota, Texas, and Wisconsin.
Michigan is a special case. Alkaline hydrolysis has technically been recognized there, but no funeral homes in the state have adopted the process, and there’s no detailed regulatory framework in place.
Legislation is moving in several of these states. Indiana, Massachusetts, New Jersey, Pennsylvania, South Dakota, and Texas have all seen bills introduced in recent sessions. A bill to legalize water cremation was introduced in the Pennsylvania Senate in early 2026. Because the landscape shifts frequently, checking with your state legislature or a local funeral director is the most reliable way to confirm current status.
If Your State Doesn’t Allow or Offer It
You have two realistic options. If your state has legalized water cremation but no local provider offers it, a local funeral home can coordinate transfer to a provider in a neighboring state. Many funeral homes handle these interstate arrangements routinely.2Cremation Association of North America (CANA). Alkaline Hydrolysis If your state has no authorizing law at all, the same transfer approach can work, but you’ll need to confirm that your state permits the body to be transported out for a disposition method it hasn’t legalized domestically. Ask the funeral director directly before committing.
From the family’s side, arranging water cremation looks much like arranging any cremation. You sign an authorization form specifying the method of disposition, and the provider handles permits and the death certificate. Most states require a legally authorized person to sign, following a priority order that typically starts with a surviving spouse, then adult children, parents, and siblings. If you want someone other than your next of kin making the decision, you can designate an agent in advance through a written directive.
Cost
Water cremation generally runs between $2,000 and $5,000, with a national average around $2,500. Prices vary by state, provider, and what services are bundled in. Some providers in states with established operations offer direct water cremation, without a viewing or added services, for as little as $1,000.
Federal protections apply the same way they do for flame cremation. The FTC’s Funeral Rule requires every provider to give you an itemized General Price List before you discuss arrangements, and you have the right to choose only the services you want.3Federal Trade Commission. Complying with the Funeral Rule Request price lists from multiple providers; the spread within a single region can be large.
One Difference Worth Knowing: Pacemakers
Water cremation operates at much lower temperatures than flame cremation, so pacemakers and defibrillators generally do not need to be removed first. North Carolina’s hydrolysis statute, for example, states that remains may be processed without first removing a pacemaker or defibrillator unless the manufacturer specifies otherwise. Other potentially hazardous implants are still handled under the state’s general cremation safety rules. The authorization form will ask you to disclose known implants, so bring that information to the arrangement conference.
Confirming the Current Rule in Your State
State laws on water cremation have moved steadily over the past several years, and new bills are active in multiple legislatures. Before making arrangements, confirm the current status with a licensed funeral director in your state or with your state’s funeral board. If you’re planning ahead for yourself, putting the preference in a written directive, along with the name of the person you want authorized to carry it out, is the surest way to see it followed.