In many places, yes—you can scatter ashes. But “anywhere” is the part that gets families into trouble. In the U.S., whether scattering is allowed (and what steps you need to take) depends less on a single nationwide rule and more on who controls the location: a private landowner, a city or state agency, the federal government, or a cemetery. That’s why two families can both be “scattering ashes legally” and still have very different requirements.
This guide explains the common permission rules by location—private property, beaches, waterways, parks, and national parks—plus best practices for a respectful, low-stress ceremony. It’s general information, not legal advice, and it’s designed to help you ask the right questions before you plan a meaningful moment.
The Simple Framework: Law vs. Permission vs. Policy
When people ask “is it legal to scatter ashes,” they often imagine a single law that says yes or no. In practice, you’re usually navigating three layers at once.
Law is what your state (and sometimes federal law) allows. Permission is whether the property owner or managing agency allows it on their land or water. Policy is the practical rulebook for that specific place—how far from trails, whether a permit is needed, group size limits, what you must do with any visible fragments, and whether staff must supervise.
Families have the smoothest experience when they treat scattering like a “permission ladder”: start by naming the location type, then ask the authority for that place what they require. Once you do that, the plan becomes clear quickly.
Scattering on Private Property
Private property is often the simplest option because you’re dealing with one decision-maker: the owner. The best practice is to get clear permission (written if possible), especially if the property is not owned by the person scattering. Even when a state does not require “paperwork,” a simple written note can prevent future misunderstandings if the property changes hands.
In many states, permission is the core legal requirement. California law, for example, allows scattering where no local prohibition exists, but requires written permission from the property owner or governing agency, and requires that remains not be distinguishable to the public and not be scattered “in a container.” See California Health & Safety Code § 7116.
Texas is another clear example: Texas law allows scattering “on the private property of a consenting owner,” and also addresses other permitted locations (more on Texas below). See Texas Health & Safety Code § 716.304.
Cemeteries and Scattering Gardens
If your family wants a permanent, visitable place—and wants to avoid the uncertainty of public-land rules—cemetery scattering gardens can be a very practical choice. Cemeteries can also handle documentation and future access in a way that private or informal places cannot.
Cemetery scattering gardens are governed primarily by cemetery policy. Ask what is permitted (portion vs all remains), whether a marker is available, and how the cemetery records the placement. Some families choose a blended plan: scatter a portion in a cemetery garden, then keep a small portion at home in a keepsake. If that’s your plan, you can browse shareable options like keepsake urns and small urns for partial portions.
City Parks, State Parks, and Other Public Land
Public land often feels like the “right place”—a favorite beach access point, a scenic overlook, a park where someone walked every day. The practical reality is that public land is governed by agencies that may allow scattering, allow it with conditions, or prohibit it in certain areas.
California State Parks provides a useful example of how detailed policies can be. Its “Application to Scatter Human Remains” document notes that California law requires scattered remains not be distinguishable to the public and not be in a container, and that if recognizable particles remain they must be collected and removed. It also highlights additional restrictions in California Health & Safety Code § 7117(c), including prohibitions on scattering from a bridge or pier, in a lake or stream, or within 500 yards seaward of the ocean shoreline. See California State Parks: Application to Scatter Human Remains (PDF) and California Health & Safety Code § 7117.
The broader lesson is simple: public land often requires a permit or written permission, and the rules can be more specific than families expect. If you’re planning a state or city park ceremony, call the park office and ask whether scattering is allowed, whether you need a permit, and what location restrictions apply.
National Parks and Federal Lands
National parks are a common “dream location,” and they are also one of the most regulated categories. Federal rules matter here. Under National Park Service regulations, scattering human ashes from cremation is prohibited except pursuant to a permit or in designated areas according to conditions established by the superintendent. See 36 CFR § 2.62.
In practice, many parks do allow scattering with permission, but the process and the conditions vary by park. Great Smoky Mountains National Park, for example, states that requests require permission pursuant to 36 CFR 2.62(b) and that the person scattering must have the letter of permission on site. See NPS: Great Smoky Mountains “Scatter Cremated Ashes”.
Some parks publish additional superintendent conditions or compendiums that allow scattering under specific terms. Blue Ridge Parkway, for example, lists conditions under which scattering may be allowed without a permit, including distance-from-trail and group-size limitations. See NPS Blue Ridge Parkway Compendium (36 CFR 2.62).
The takeaway: don’t assume “national park = okay.” Assume “national park = call or check the park page,” because the rules can differ park by park even though the federal regulation is the same baseline.
Beaches and Shorelines
Families often ask about scattering ashes on beach rules because beaches feel symbolic and accessible. The challenge is jurisdiction: a “beach” might be city property, county property, a state park, a national seashore, or a privately managed shoreline. Each has different policies.
California is a frequent example because the rules are more explicit than many people expect. California Health & Safety Code § 7116 requires written permission and prohibits leaving remains in a container; California Health & Safety Code § 7117 includes the 500-yard-from-shoreline limitation for scattering “at sea” and prohibits scattering from a bridge or pier. See HSC § 7116 and HSC § 7117.
If you’re planning a beach ceremony, the safest approach is to ask: “Who manages this beach, and do they allow scattering here?” Once you know the managing agency, you can find the policy quickly.
Lakes, Rivers, and Inland Waterways
Inland water is where families often feel the most uncertainty. Ocean burial at sea has clear federal rules. Lakes and rivers often do not.
The EPA’s Burial at Sea guidance explains that the MPRSA general permit applies to ocean waters and notes that scattering cremated remains in inland waters (lakes, rivers, bays) is not subject to federal regulation under the MPRSA; states may have their own requirements or prohibitions for inland waters and families should contact the relevant state agency. See EPA: Burial at Sea.
So the “rules of the road” for inland waterways are usually state and local. If a lake is managed by a park authority, their policy may function like a park permit requirement. If a river is navigable and heavily regulated, local authorities may have restrictions. The most reliable move is to contact the waterway’s managing authority before the ceremony.
Burial at Sea Rules
For ocean scattering or burial at sea, U.S. federal rules are clear. The EPA’s Burial at Sea guidance states that cremated remains may be buried in or on ocean waters of any depth provided the burial takes place at least three nautical miles from land, and that you must notify the EPA within 30 days following the event. See EPA: Burial at Sea and 40 CFR § 229.1.
The EPA also clarifies practical details families often overlook: decomposable flowers and wreaths may be placed at the burial site, while plastic or synthetic materials are not expected to decompose rapidly. The EPA further notes that cremated remains may be buried at sea inside a container when surface scattering is not appropriate, but the container must not contain plastic, must not float, and must not contribute to marine debris. See EPA: Burial at Sea.
If your family wants a plain-English explanation of what “three nautical miles” means in real planning (especially around bays and inlets), Funeral.com’s guide Water Burial and Burial at Sea: What “3 Nautical Miles” Means can help you visualize the distance and the ceremony logistics.
Aerial Scattering: What the FAA Rule Actually Says
Aerial scattering comes up often in “bucket list” memorial planning. The key federal aviation rule people reference is the FAA’s “dropping objects” regulation. It states that no pilot may allow any object to be dropped from an aircraft that creates a hazard to persons or property, but it does not prohibit dropping an object if reasonable precautions are taken to avoid injury or damage. See 14 CFR § 91.15.
Practically, this is why reputable aerial scattering services emphasize releasing ashes only (not dropping a container) and choosing routes and conditions that avoid hazards. If you’re considering this option, ask the service what precautions they take and what local rules or airport/airspace restrictions apply.
Two State Snapshots: California and Texas
Families often search scattering ashes in California or scattering ashes in Texas because those states provide a good illustration of how law and location interact.
California. California Health & Safety Code § 7116 allows scattering where no local prohibition exists, requires written permission from the property owner or governing agency, and requires that remains not be distinguishable to the public and not be scattered in a container. See HSC § 7116. California Health & Safety Code § 7117 adds restrictions for “at sea,” including limits related to shore distance and prohibitions on scattering from bridges or piers. See HSC § 7117. California State Parks also provides an application and additional guidance for scattering within state parks. See California State Parks Scattering Application (PDF).
Texas. Texas Health & Safety Code § 716.304 states that a person may scatter cremated remains over uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner, and adds that unless the container is biodegradable, the cremated remains must be removed from the container before scattering. See Texas Health & Safety Code § 716.304.
These examples show the recurring pattern: the law may be permissive, but the “can we do it here?” answer still depends on the location’s controlling authority and policies.
Best Practices for a Respectful, Low-Stress Scattering Ceremony
Most scattering ceremonies go well when families plan for a few unglamorous details. The purpose is not to turn grief into logistics. The purpose is to keep the moment from becoming stressful.
Choose a container designed for controlled release. A scattering tube or scattering urn reduces spills and helps manage wind. If you want to compare options, Funeral.com’s guide Scattering Urns and Tubes explains how these containers work and what to do with them afterward.
Check wind direction and pour low. Stand with the wind at your back and keep the release close to the ground or water surface. Pouring from shoulder height increases blowback risk.
Keep the group small and the moment simple. The most meaningful ceremonies are often quiet: a few words, a song, a short silence. Public locations can feel less stressful when the group is small and unobtrusive.
Leave no trace. In many places, leaving containers, flowers, or objects behind can violate policies and can feel disrespectful to the location itself. The EPA specifically warns against plastics and marine debris for burial at sea contexts. See EPA: Burial at Sea.
What to Ask Before You Scatter
If you want the simplest “don’t get surprised” checklist, it’s this set of questions:
- Who controls the location (private owner, city/county, state park, federal land, cemetery)?
- Is scattering allowed there, and is a permit or written permission required?
- Are there distance rules (from trails, buildings, shoreline) or “no scattering” areas?
- Are there rules about containers (no container left behind; biodegradable-only; remove ashes from container)?
- Is this ocean water (EPA burial at sea rules) or inland water (state/local rules)?
If the family is still deciding what to do with ashes overall, it can help to explore options beyond scattering as well. Funeral.com’s guide What to Do With Cremation Ashes lays out common plans families choose when scattering isn’t the only answer.
A Calm Bottom Line
Can you scatter ashes anywhere? You can scatter in many places, but not “anywhere,” because legality and practicality depend on location, permission, and policy. Private property typically requires owner consent. Public parks and beaches are governed by local or state agencies with specific rules. National parks are regulated under 36 CFR 2.62, which generally requires a permit or designated-area compliance. 36 CFR § 2.62 Ocean burial at sea is governed by EPA rules and 40 CFR 229.1, including the three-nautical-mile requirement and post-event reporting. EPA: Burial at Sea 40 CFR § 229.1
If you treat scattering as a permission ladder—and plan for the practical realities of wind, containers, and “leave no trace”—you can create a ceremony that feels respectful, calm, and true to the person you’re honoring.
