What Are The Legal Concerns When Scattering Ashes?

by Daniel Bourgeois June 25, 2025

Scattering cremation ashes can be a meaningful way to honor a loved one, but there are important legal and practical considerations depending on where and how you plan to do it. Here are the key legal concerns:

🔹 1. Permission from Landowners

Private Property: You must get the landowner’s permission. Scattering ashes without it can be considered trespassing or desecration.
Public Land: Rules vary. Parks, forests, or other public areas might allow it, but often require permits or have restrictions.

🔹 2. National and State/Provincial Parks

In the U.S., National Parks generally allow scattering ashes with a permit and in designated areas. Contact the specific park for their policy.
In Canada or the UK, policies vary by province or park authority.
Violating these rules could lead to fines.

🔹 3. Waterways and Oceans

U.S. Law (EPA): Scattering ashes at sea (including rivers leading to the ocean) must be done at least 3 nautical miles from shore. You must also notify the EPA within 30 days.
Inland waterways (like lakes or rivers not connected to the ocean) may fall under state/local jurisdiction and have different rules.
No containers (biodegradable or otherwise) can be left in the water.

🔹 4. Airborne Scattering

Legal in most jurisdictions if the urn is not dropped and ashes don't cause public nuisance.
FAA in the U.S. allows it, but commercial airlines typically prohibit ashes from being scattered from planes.

🔹 5. Cemeteries

Most cemeteries have specific rules about where and how ashes may be scattered (often in a designated “scattering garden”).
Scattering outside those areas is typically not allowed.

🔹 6. Religious or Cultural Sites

These often have strict prohibitions, even if they are accessible to the public (e.g., inside churches, temples, or heritage sites). Scattering ashes in these locations without permission is both illegal and disrespectful.

🔹 7. Local Laws

Some cities, counties, or municipalities have zoning or health codes that govern the scattering of ashes. Always check local regulations before proceeding.

📌 Best Practices

Keep documentation like the cremation certificate with you when scattering.
Consider using biodegradable urns in places where this is required or preferred.
Be discreet and respectful—avoid crowded or inappropriate places.
Inform family members and document the location for memorial purposes.