You can legally scatter ashes in most parts of the United States, but where to legally scatter ashes depends on who controls the land or water you have in mind. Ocean scattering follows a federal EPA permit that is already issued to you by default. National parks require a Special Use Permit. Private property requires the owner’s written permission. A handful of places, from stadiums to theme parks to public beaches, are off-limits regardless of how meaningful they feel. The rules below cover each setting and what you need to do before you go.
In the Ocean
Ocean scattering is covered by a general permit the EPA has already issued under the Marine Protection, Research, and Sanctuaries Act, so you do not need to apply for anything in advance.1US EPA. Burial at Sea You do have to follow the conditions attached to that permit.
The main rule: cremated remains must be released at least three nautical miles from land.2eCFR. 40 CFR 229.1 – General Permits Unlike full-body burial at sea, there is no minimum water depth for ashes. You can release them on the surface or lower them in a container to any depth, as long as you are far enough from shore.
You do not have to remove the ashes from a container before scattering. If you use one, it cannot contain plastic, it must not float, and it must not contribute to marine debris.1US EPA. Burial at Sea A container that degrades or dissolves quickly in seawater is ideal. Flowers and wreaths made of readily decomposable materials are also allowed at the site.2eCFR. 40 CFR 229.1 – General Permits Anything plastic, metal, or otherwise persistent stays on the boat.
Within 30 days of the scattering, you must report it to the EPA regional office your boat departed from.2eCFR. 40 CFR 229.1 – General Permits The agency has an online Burial at Sea Reporting Tool, and no death certificate or additional paperwork is required with the report.1US EPA. Burial at Sea Many families skip this step because nobody mentions it in the moment. Don’t.
In a River or Lake
The EPA has stated that scattering in inland waters is not covered by the federal MPRSA permit.1US EPA. Burial at Sea That is not the same as unregulated. States set their own rules for rivers and lakes, and those rules vary widely. Some allow it freely, some restrict certain bodies of water, and some require you to contact a state environmental or health agency first. Call your state’s environmental agency or mortuary board before you plan the day.
In a National Park
Most national parks allow scattering, but you need a Special Use Permit from the park before you go. Yellowstone, for example, requires the permit and restricts scattering to undeveloped areas well away from buildings, roads, parking areas, campgrounds, and hydrothermal features.3National Park Service. Scattering of Ashes Permit – Yellowstone National Park Biscayne National Park also requires a Special Use Permit and notes that EPA and Clean Water Act rules apply when scattering near water.4National Park Service. Special Use Permit Information for Scattering of Ashes – Biscayne National Park
Expect common conditions across parks: scatter away from trails, roads, buildings, and water sources; use only fully processed human cremated remains and disperse them completely rather than piling or burying them; leave nothing behind, including urns, plaques, flowers, or photos; and do not close the area to other visitors during the ceremony. Each park sets its own specifics, so contact the superintendent’s office before you commit to a date. Processing takes time and popular parks have limited availability.
On BLM and Other Public Land
Bureau of Land Management land is more permissive. BLM policy treats individual, non-commercial scattering as “casual use,” which does not require a permit. Local BLM offices can add notification requirements if scattering becomes frequent at a particular spot or raises resource concerns. Commercial scattering services are prohibited on BLM land, and the agency will not issue permits for them.5Bureau of Land Management. Scattering of Cremated Remains IM 2011-159
On Private Property
On someone else’s land, you need the owner’s permission. Most states that address the issue require express consent, and several require it in writing. Without clear permission, you risk trespassing or illegal dumping complaints. Get written consent even when the property belongs to a friend or family member; it protects everyone and removes ambiguity if the property later changes hands.
On your own property, you generally can scatter without a problem. A few states have specific requirements even for your own land, such as notifying the crematory of the planned disposition location, but outright prohibitions are rare.
From an Aircraft
Aerial scattering is legal under FAA rules. The governing regulation, 14 CFR 91.15, prohibits dropping any object from a civil aircraft in flight that would create a hazard to people or property on the ground, and then allows dropping objects when reasonable precautions are taken to avoid injury or damage.6eCFR. 14 CFR 91.15 – Dropping Objects
In practice, the ashes need to be finely processed so they disperse rather than fall in clumps, and the flight should avoid populated areas, public gatherings, and airport approaches. Several companies specialize in these flights and handle altitude and location choices. If you are arranging it privately with a pilot, make sure both of you understand the rule and take the “reasonable precautions” language seriously.
Places That Prohibit Scattering
Some locations that feel right are legally off-limits.
- Public beaches. Several states explicitly prohibit scattering on beaches and near wading pools, and local ordinances often restrict it elsewhere. The three-nautical-mile ocean rule means scattering from the shoreline into the surf is not legal either.
- Theme parks. Major parks such as Disney World classify scattering as strictly prohibited and will escort guests off the property if they attempt it. Staff have cleanup protocols for when it happens anyway.
- Sports stadiums. Professional stadiums do not allow it, citing local regulations and practical concerns; cremated remains are high in calcium phosphate and can burn turf grass.
- Developed areas of public parks. Playgrounds, picnic areas, and swimming areas typically prohibit scattering even when the surrounding parkland allows it.
The common thread is heavy public use, managed landscaping, or sensitive environmental features. When in doubt, call ahead. The worst version of this conversation is the one that happens after you have already scattered.
Paperwork and Traveling With the Ashes
Before you scatter anywhere, check whether your state requires a disposition permit. Many states require a permit for the disposition of human remains to be issued at the time of death registration before the remains can be released. The funeral home or crematory usually obtains this as part of its services, but if you received the ashes and are planning to scatter them later or in another state, confirm you have the paperwork. For a national park, you will need the park’s Special Use Permit on top of any state permit. Keep copies with you at the site in case a ranger asks.
If you are flying to the scattering location, TSA allows cremated remains in both carry-on and checked bags. Use a container made of a lightweight material such as wood or plastic so the X-ray can see through it; if the scanner shows an opaque image, officers will not clear the container and it will not pass the checkpoint. TSA will not open a cremation container even if you ask them to.7Transportation Security Administration. Cremated Remains Some airlines do not allow cremated remains in checked luggage, so confirm your airline’s policy, and check destination-country rules if you are flying internationally.