You can legally dispose of human ashes in several ways: keep them at home, bury or scatter them on your own property, scatter them on another person’s land with permission, scatter them across most federal public lands, release them into the ocean, drop them from an aircraft, or place them in a cemetery. Some options need a permit or a report; most do not. The rules shift based on where the ashes end up, so the right path depends on the location you have in mind.
At Home or on Private Property
No federal law prohibits keeping cremated remains at home, and no state requires a license or registration to do so. Ashes are not treated as a health hazard, so an urn on a shelf, a keepsake box, or any other container is fine. You can also bury or scatter ashes on land you own. Before burying, check with your city or county about zoning rules on residential interment, because a handful of jurisdictions regulate it.
Scattering on someone else’s private land requires the landowner’s permission. Several states specifically require that consent be in writing, and getting it in writing is worth doing anywhere. Scattering remains on property you don’t own, without permission, can be treated as trespassing.
On Federal Public Lands
The three main federal land agencies handle ash scattering differently. National parks are the most formal; national forests are the most relaxed.
National Parks
The National Park Service allows scattering but requires advance permission under 36 CFR 2.62(b). Depending on the park, that permission takes the form of a Special Use Permit or a Letter of Permission.1National Park Service. Scatter Cremated Ashes – Great Smoky Mountains National Park There is typically no fee.
Standard conditions apply at most parks: scatter away from developed areas, trails, roads, and water sources; keep the gathering small and private; and leave no monument, plaque, urn, or memorial behind.2National Park Service. Special Use Permit Information for Scattering of Ashes – Biscayne National Park Some parks prohibit burying ashes and allow only surface scattering.3National Park Service. Memorialization (Scattering Ashes) – Arches National Park Specific locations and restrictions vary park by park, so contact the park well before your visit.
Bureau of Land Management
BLM land is far less restrictive. Individual, non-commercial scattering is treated as “casual use,” meaning no permit is required for a family or individual.4Bureau of Land Management. Scattering of Cremated Remains The BLM does not permit commercial ash-scattering services on its land. Local offices can impose notification requirements in areas with heavy activity or resource concerns, but that is rare.
National Forests
The U.S. Forest Service has no national regulation on cremated remains and in practice treats scattering as permitted on national forest land. State laws still apply, so check your state’s rules first.5Forest Service: Rocky Mountain Region. FAQs
On State and Local Public Lands
There is no uniform policy for state parks, county parks, or municipal land. Some state park systems require a permit and restrict where within the park you can scatter. Others have no formal policy at all. Contact the agency that manages the specific land — the state parks department, county parks office, or local recreation district — and ask what applies before you go.
At Sea
Ocean scattering is governed by federal law under the Marine Protection, Research, and Sanctuaries Act, with the EPA administering the rules.
Cremated remains must be scattered at least three nautical miles from shore. Unlike full-body burials at sea, there is no minimum water depth for cremated ashes.6eCFR. 40 CFR 229.1 – Burial at Sea Any flowers or wreaths placed at the site must be made of materials that decompose readily in salt water, meaning no plastic, metal, or synthetic materials. The container holding the remains must be free of plastic and must not float or contribute to marine debris.7U.S. Environmental Protection Agency. Burial at Sea
You must report the scattering to the EPA within 30 days. The EPA provides a free online Burial at Sea Reporting Tool for basic event information; no death certificate or other documentation is required.7U.S. Environmental Protection Agency. Burial at Sea Report to the EPA region from which the vessel departed.6eCFR. 40 CFR 229.1 – Burial at Sea
In Rivers, Lakes, and Other Inland Waters
The EPA’s ocean rules do not apply to inland waters. Rivers, lakes, reservoirs, and streams fall under state and local jurisdiction. Some states allow scattering with few restrictions; others prohibit it or set distance-from-shore minimums. The EPA recommends contacting your state’s environmental agency, health department, or mortuary board.7U.S. Environmental Protection Agency. Burial at Sea States cannot relax the federal three-nautical-mile rule for ocean waters, but they have full authority over their internal waterways.
From an Aircraft
Releasing ashes from a plane or helicopter is permitted under FAA regulations. The key restriction is the general prohibition on dropping objects from aircraft that could injure people or damage property on the ground (14 CFR 91.15). Ashes are a fine powder, not a solid object, so they satisfy this standard as long as you release only the ashes. Do not drop the urn, container, or any other item. Avoid releasing over populated areas, crowds, or restricted airspace. Charter services that specialize in aerial scattering handle the logistics, though you can arrange it with any willing pilot.
In a Cemetery or Memorial Garden
Cemeteries handle the regulatory side for you. Options at most facilities include burying an urn in a standard plot or family grave, placing it in a columbarium niche, or using a dedicated scattering garden. Fees vary by facility and service, with scattering gardens generally the least expensive cemetery option.
Traveling and Shipping Ashes
Flying Within the U.S.
The TSA allows cremated remains in both carry-on and checked luggage. Carry-on is the better choice: some airlines do not allow cremated remains in checked bags, so confirm with your airline before your flight.8Transportation Security Administration. Cremated Remains
The container must produce a clear image on the X-ray scanner. If officers cannot see through it, the container will not pass the checkpoint, and TSA officers will not open a cremation container for inspection. Use a temporary container of wood, plastic, or cardboard rather than metal, stone, or lead-lined ceramic.8Transportation Security Administration. Cremated Remains
Shipping Within the U.S.
USPS is the only domestic carrier that accepts cremated remains. Major private carriers such as UPS list human remains, including cremated remains, as prohibited.9UPS. List of Prohibited Items for Shipping USPS requires Priority Mail Express. As of March 2025, you must use one of the USPS-branded cremated remains boxes (BOX-CRE), available free on usps.com, with a sift-proof inner container sealed in a plastic bag and padded so nothing shifts.10Federal Register. Cremated Remains Packaging Requirements
Taking Ashes Abroad
Documentation requirements vary by destination. At a minimum, most countries require a certified copy of the death certificate, a cremation certificate, and a letter from the crematory or funeral home confirming the contents of the container. Translate any document not in English. You will need to declare the remains to customs on both ends. Contact the destination country’s embassy or consulate before traveling to confirm specifics; some countries add rules on container types, importation permits, or consular certificates. International shipments go via Priority Mail Express International, and you should verify that the destination country accepts both the service and cremated remains before mailing.
Penalties for Getting It Wrong
Ocean scattering carries the sharpest penalties. Violating the Marine Protection, Research, and Sanctuaries Act, which includes failing to file the 30-day report, scattering within three nautical miles of shore, or using non-biodegradable materials, carries a civil penalty of up to $50,000 per violation. Each day a violation continues counts as a separate offense.11U.S. Environmental Protection Agency. Marine Protection, Research and Sanctuaries Act (MPRSA) and Federal Facilities The online reporting tool takes only minutes.
On land, penalties depend on jurisdiction. Scattering on someone else’s private property without permission can result in trespassing charges. Scattering in a national park without the required permit or letter can lead to a citation under federal regulations. On state or local public land, consequences range from fines to misdemeanor charges depending on local law. Getting permission in advance is free and quick; skipping that step is where the costs live.