This page is about where scattering is allowed. For planning the day itself, see Scattering ashes: questions to settle first.
Can you scatter ashes anywhere?
No.
No single national rule makes every place legal, or every place off limits.
It depends on where you want to scatter, who owns or controls that land or water, and which state or federal rules apply there.
So "Is scattering ashes legal?" doesn't get you far on its own.
A more useful question is:
"Is scattering cremated remains allowed at this exact place, and do I need permission?"
After.com publishes guides for specific places, including Los Angeles and California.
Private property
Private property is often the easiest case.
If the land is yours, state law may let you scatter there, subject to any restrictions that apply.
If someone else owns it, ask for permission first.
That goes for a family farm, a friend's land, a private garden, or anywhere else the owner has the legal right to decide who comes in.
Don't count on "everyone does it."
Get permission.
Public parks and public land
Public land isn't one thing.
A city park can have different rules from a state park, and a state park can differ from a national park. An open-space preserve may run its own permit process.
Before you scatter, check with the agency that manages the land.
Find out:
- whether scattering is allowed;
- whether you need a permit;
- whether scattering is limited to one area;
- whether you have to stay a set distance from trails, water, roads, or buildings;
- whether you can bury an urn or container;
- whether you can leave flowers, markers, or other items.
National parks
National parks are run by the federal government.
The National Park Service has rules on scattering cremated remains. Each park may add its own limits or ask you to get a permit.
Start with the National Park Service before you make plans.
A beautiful spot isn't automatically open for a memorial.
Oceans and other waters
Scattering on water can bring in federal, state, and local rules.
For ocean burial and scattering, the U.S. Environmental Protection Agency has specific rules under the federal Marine Protection, Research, and Sanctuaries framework.
See the EPA Burial at Sea guidance.
Water can feel like it belongs to everyone. There are still rules.
Beaches
A beach might be:
- owned by the city;
- owned by the county;
- managed by the state;
- federal;
- privately owned;
- or under a special environmental or coastal authority.
Check with whichever agency has jurisdiction over that exact beach.
Cemeteries
Most cemeteries set their own scattering rules.
Some only allow it in set-aside gardens or areas. Others may want the remains buried in the ground and won't allow open scattering at all.
Ask the cemetery before you arrive with an urn.
Can you scatter ashes from a boat?
Sometimes. It depends on the waterway and the state or federal rules that apply.
For the ocean, start with EPA Burial at Sea. For inland lakes and rivers, check with the state and local authority for that water.
What about scattering all of the ashes?
You don't have to scatter everything at once.
Some families keep part of the ashes, bury part, or share them among relatives.
Depending on the state, the law may treat scattering, burial, and keeping ashes differently.
A simple pre-scattering checklist
Before you go:
- pin down the exact location;
- find out who manages it;
- read the rule that applies;
- get written permission if it's required or makes sense;
- ask whether you need a permit;
- check the weather and any access limits;
- find out whether flowers or other memorial items are allowed;
- bring only what the authority allows.
That way the day can be about the person, and not a last-minute argument with a ranger or property manager.
Frequently asked questions
Can I scatter ashes in my backyard?
Often, yes, on private property, but state and local rules can still apply. If you don't own the property, get the owner's permission.
Can I scatter ashes in a national park?
Possibly. National Park Service rules apply, and so do the park's own requirements. Check the exact park before you scatter.
Can I scatter ashes in the ocean?
Federal rules cover ocean disposal. See EPA Burial at Sea.
Can I scatter ashes on a beach?
Sometimes. It depends on who controls the beach and on the state, local, and federal rules that apply.
What happens if I scatter ashes somewhere I am not allowed?
That depends on the law in that place. You could be told to leave, fined, or face other penalties. When you can check the location directly, don't rely on a general answer from the internet.
Where can I learn the rules for my state?
Start with the HonestFarewell state law directory, then check with the land or water authority for the place you have in mind.