Ash Scattering Legal Requirements and Restrictions

1. Federal & National Land Rules

🌲 BLM & National Forests

• Anyone scattering ashes is on their own: no commercial permits are issued niefuneralhomes.com+11Bureau of Land Management+11The Washington Post+11agreenerfuneral.org+15Bureau of Land Management+15Bureau of Land Management+15. As long as you're not causing damage, scattering is treated as casual use and may require written permission from the local office burialatsea.com+6Bureau of Land Management+6meadowmemorials.com+6.

• On National Parks, the rule is stricter: special-use permits are typically required—expect 30‑day notice and limits on group size and location Oaktree Memorials.

🌊 Inland & Ocean Waters

• Federal Clean Water and Marine Protection laws mandate:

  • At sea: Spread ashes at least 3 nautical miles from land, in biodegradable urns or loose form, and file a report to the EPA within 30 days The Washington Post+4US EPA+4Wikipedia+4Bureau of Land Management+9Neptune Cremation Service+9Cremation.com+9.

  • Inland lakes/rivers: While the EPA doesn’t regulate, state agencies may—check with your state’s environmental or waterways department meadowmemorials.com+7US EPA+7Neptune Cremation Service+7.

✈️ Aerial Scattering

• No outright federal ban, but it must not endanger people or property Wikipedia. The urn should be removed before scattering to avoid hazards Wikipedia+12Neptune Cremation Service+12Cremation.com+12.

2. State-by-State Breakdown

A common pattern emerges: private property = permission needed, public property = written permit or permission almost always required. Here are notable quirks:

• Most states (≈40+): No state-level restrictions—if it's your land and you have permission, you're good. Public places usually require agency approval Cremation.com+3meadowmemorials.com+3Ecorial+3Oaktree Memorials.

  • Applies to AL, AK, AZ, AR, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NJ, NM, NC, ND, OH, OK, PA, RI, SC, SD, TN, VA, VT, WV, WI, WY meadowmemorials.comEcorial.

• California:

  • Private land: Permit from local health dept.

  • Public land: Written permission, and for water scattering you must be >500 yards from shore unless on cemetery grounds Wikipedia+14Oaktree Memorials+14meadowmemorials.com+14.

• Washington & Oregon:

  • Private property scattering is allowed with permission.

  • Public lands and waterways may require permits from state environmental agencies Wikipedia+11Oaktree Memorials+11Ecorial+11.

• Nevada & Utah:

  • Scattering allowed on private land with permission.

  • Public lands like BLM may require notification or special permission niefuneralhomes.com+2meadowmemorials.com+2Bureau of Land Management+2Oaktree Memorials+1Bureau of Land Management+1.

• Michigan (local to Farmington Hills, MI):

  • No statewide regulations.

  • Permitted on private land with permission; public, state, and national lands often require local or park-specific permission Oaktree Memorials+3meadowmemorials.com+3The Washington Post+3.

  • Water scatterings follow federal for Great Lakes and need state permits for inland waterways The Living UrnFarmstead ScatteringNeptune Cremation Service.

3. Across-the-Board Rules (All States)

1. Private Property

   • Legal if you own it or get permission (spoken or written) from the owner burialatsea.com.

   • Without permission? You're trespassing—plain and simple.

2. Public Lands

   • Requires written permission or a permit from the managing agency (city, park, BLM, Forest Service, etc.) meadowmemorials.com.

3. Water Rules

   • Inland: Check state waterway rules—permits often required Oaktree Memorials.

   • At sea: Must be 3+ nautical miles offshore, biodegradable urn or loose, and report to EPA within 30 days The Living Urn+4Neptune Cremation Service+4Oaktree Memorials+4.

4. Aerial Scattering

   • Legal if man‑made materials are removed and the act is safe and non-harmful Cremation.comNeptune Cremation Service.

4. Practical Steps for Compliance

1. Identify your location: private yard, public park, boat, or plane?

2. Private land: get owner’s permission. Always better to have it in writing.

3. Public land: contact the managing agency—BLM, municipal parks, forest service, or Coast Guard.

4. Water scatter:

   • Lakes/rivers: ask state agencies.

   • Ocean: go 3 nautical miles out, use biodegradable urns, and file EPA notice.

5. Air scatter: remove container, be safe, and don’t violate FAA or safety rules.

6. Always check local ordinances – cities and counties can add rules on top of state law US EPA.

5. Special Considerations

• Cemetery scattering gardens are often the easiest: no permits, managed sites, and respectful surroundings.

• Eco/biodegradable urns are not just eco-friendly—they’re often legally required, especially for water or sea scatterings Wikipedia+15Neptune Cremation Service+15Oaktree Memorials+15.

• Environmental sensitivity matters—avoid scattering near archaeological sites, trails, wildlife habitats, or watersheds Bureau of Land ManagementBureau of Land Management.

6. Bottom Line, No Bullshit Summary

🎯 Final Verdict

Most of this “law” is just commonsense and courtesy. If you don’t own the place, get permission, check rules—especially for public lands and waterways. If you want license to scatter anywhere without a hitch, pick a scattering garden in a cemetery: fewer hoops, less hassle.

And know this—if you dump ashes in a public park or Disneyland ride without permission, expect pushback or legal consequences. The Washington Post calls it out: “Please. Stop spreading… in theme parks, golf courses, beaches.” Public spaces aren’t your personal memorials EcorialThe Washington Post.

✅ Recommended Checklist

• Identify scattering location

• Get written permission if it’s not your property

• Biodegradable urns for sea/water/air

• File EPA notice for ocean water

• Notify or apply for permit on federal/public land

• Review city/county local laws