When a family asks, “Is it legal to scatter ashes?” they’re usually asking something deeper, too: “Can we do this in a way that feels right, without getting it wrong?” In grief, the urge to bring someone back to a place they loved can feel as natural as breathing—an ocean horizon, a quiet trail, a favorite beach at sunrise, a backyard garden where they drank coffee every morning. But because cremated remains move through spaces that belong to someone—private owners, public agencies, environmental jurisdictions—ash scattering sits at the intersection of emotion and rules.
That intersection matters more now than it did a generation ago. According to the National Funeral Directors Association, the U.S. cremation rate is projected to reach 63.4% in 2025. The Cremation Association of North America similarly reports continued growth in cremation and expects the trend to keep rising in the decades ahead. As more families choose cremation, more families also face the same practical question: what to do with ashes—keep them, bury them, divide them, scatter them, or combine a few options over time.
This guide explains where scattering cremated remains is typically allowed in the U.S., when you may need permission, and how rules often differ for beaches, parks, private land, waterways, and water burial at sea. It’s not legal advice, and local rules can change, but it will help you ask the right questions before you plan a ceremony.
The guiding principle: whose land, whose water, whose rules
In the U.S., there is no single “ash scattering law” that applies everywhere. Instead, you usually start by identifying who manages the place you have in mind. A family beach memory might be a city-owned shoreline. A beloved mountain overlook might be in a national park. A favorite lake might be controlled by a state agency, a water district, or a private HOA. Even when a location “feels public,” it often has a manager—and managers can require permission, designate allowed areas, or ask that you follow environmental practices so the place stays cared for.
Think of it this way: cremated remains are not hazardous, but scattering can still create visible residue in the wrong setting, or conflict with rules meant to protect visitors, wildlife, and water quality. Many agencies treat it like a small memorial activity that’s permitted when it’s discreet and respectful—especially when you ask first.
Scattering ashes on private property
Scattering ashes on private property is often the simplest legal pathway, because the main “permission” you need is the landowner’s. If the property belongs to your immediate family, that can be straightforward. If it belongs to a friend, a relative, or a landlord, ask in writing so everyone feels protected. If you’re scattering on land that will likely be sold later, it can help to talk openly about what that means—some families feel comforted by the act, while others later wish they had chosen a location that wouldn’t change hands.
When private land is part of a shared community—like a condo garden, HOA greenbelt, or private beach access—the “owner” is often an association with its own rules. In those cases, it’s worth a quick phone call or email. You are not asking permission because your love needs approval; you are asking so your ceremony doesn’t end with a conflict in the place that was supposed to feel peaceful.
On private land, the practical considerations matter just as much as the legal ones. Scatter away from vegetable gardens and high-traffic areas. Avoid leaving objects behind. If your plan includes flowers, choose natural petals without plastic ties, and take everything else with you.
Beaches, city parks, and state parks: usually possible, sometimes permission-based
Scattering ashes at the beach is one of the most common wishes families voice, and it’s also where local rules can be most variable. Some beaches are city-managed and may treat ash scattering like any other low-impact memorial activity—fine if you keep it discreet and clean. Others may restrict it in crowded zones, require a permit for gatherings, or have rules about releasing anything into the surf. A helpful way to think about it is timing and visibility: a quiet weekday morning with a small group is rarely the same, from an enforcement standpoint, as a public event with signage and chairs.
State parks are similar: some are flexible, others require written permission, and many ask that you stay away from developed areas and waterways. If you are considering ash scattering permits, ask the park office what they require for “memorialization” or “special use.” Even when a permit is not required, a quick “here’s what we plan, where we plan it, and how we’ll leave no trace” often gets you a clear answer—and that clarity can be its own form of comfort.
If your family expects conflict—perhaps a beach is emotionally meaningful but often crowded—consider a different approach: scatter a small portion in a quiet moment, and then memorialize the rest in another way. Many families choose keepsake urns or cremation jewelry so the act of scattering does not have to carry the weight of “everything.”
National parks, forests, and other federal public lands
Federal lands can be beautiful places for a farewell, but they come with distinct expectations. Many national parks require a permit or written approval for scattering. For example, the National Park Service explains that permits and conditions help protect park resources and reduce visitor conflicts. Specific parks may require you to use certain areas, keep groups small, and avoid trails, water sources, or developed sites.
National forests and Bureau of Land Management (BLM) lands can be different from national parks, because they are managed for broader use. The Bureau of Land Management has issued internal guidance that generally allows individual, non-commercial scattering under certain conditions, while treating larger or commercial events differently. In plain language: a small family ceremony is often easier to accommodate than a service that looks like a planned event or a business activity. If you are using a guide or a company, ask whether permits are required for that provider in that location.
If your loved one’s place was “the trail,” this is where a little planning can protect the moment. Choose a spot away from trailheads and water. Keep the pause brief and gentle. Spread ashes into soil or leaf litter where they disperse naturally, rather than onto rock where residue can linger. If you want deeper guidance written for families, Funeral.com’s resource on scattering ashes in parks, forests, and on hiking trails walks through permissions and Leave No Trace-minded best practices in a calm, practical way.
Water burial: inland waters versus the ocean
Families often imagine water as a kind of release—something that carries what’s heavy and returns it to a wider horizon. But legally, water is where the rules most clearly split. Inland waters (lakes, rivers, bays) are often governed by state and local agencies. Ocean waters, by contrast, involve a well-defined federal framework for burial at sea cremated remains.
The U.S. Environmental Protection Agency explains that its burial-at-sea general permit applies to ocean waters and that scattering cremated remains in lakes, rivers, and bays is generally not covered by that federal permit—meaning state and local rules may apply. If your loved one’s story is tied to a river or a lake, a quick call to a state environmental agency, park office, or local water authority can save you from uncertainty later.
It’s also worth naming something families sometimes learn at the last moment: the federal burial-at-sea permit covers human remains, not pets. The EPA’s guidance is explicit that pet or non-human remains are not authorized under the ocean burial-at-sea general permit. If you want a water farewell for a pet, you’ll need to follow the rules of the specific state or local waterway—and many families instead choose a shoreline ceremony on land paired with a memorial at home.
Burial at sea: the EPA rules, distance from shore, and reporting
For ocean scatterings, the legal framework is clearer than most people expect. Under the federal burial-at-sea rules, cremated remains must be released at least three nautical miles from land. The EPA’s burial-at-sea page summarizes these requirements and explains that you must report the burial to the EPA within 30 days using the EPA burial at sea reporting tool. The underlying regulation appears in the federal code at 40 CFR 229.1, and the EPA reiterates the reporting requirement and distance rule in its public guidance.
What does this look like in real life? Often, it looks like a simple charter boat outing with a small group, a biodegradable container, and a quiet script—maybe a reading, maybe a song, maybe just a moment of silence with the wind.
A practical, step-by-step checklist for burial at sea planning
- Confirm your location is ocean water, not an inland bay or river mouth governed by different rules.
- Plan for at least three nautical miles from shore, as described by the EPA and in 40 CFR 229.1.
- If using a charter, ask whether the operator regularly performs sea burial services and whether they will provide coordinates for your records.
- Use only biodegradable or dissolvable materials when placing anything in the water; avoid plastic flowers, metal keepsakes, or anything that could become debris.
- Bring a scattering container designed for wind and control (a tube-style container or an urn meant for water), and practice opening it calmly before you depart.
- After the ceremony, submit the required report within 30 days using the EPA Burial at Sea Reporting Tool, as the EPA instructs.
- If you are combining plans—scattering some at sea and keeping some at home—decide that division in advance so no one has to negotiate it on the boat.
If you want a family-friendly walkthrough written in a gentler tone, Funeral.com’s guide to scattering ashes at sea explains what to expect, including wind, timing, and respectful ceremony ideas.
Containers matter: scattering tubes, biodegradable urns, and what families keep
One reason scattering sometimes goes poorly is not the rulebook—it’s the wind. A thoughtful container can turn an anxious moment into a steady one. Families often look for an ash scattering permits-level formality, when the real “permit” you need is control: a container that opens cleanly, pours slowly, and helps you aim downwind without rushing.
If you expect to scatter in a natural setting, consider a biodegradable option. Funeral.com’s collection of biodegradable and eco-friendly urns for ashes includes options designed for water and earth, which can be especially meaningful for families who want a gentle return to nature without leaving lasting materials behind. For more practical guidance on choosing a tube-style container, Funeral.com’s article on scattering urns and tubes helps you match the container to your plan and your location.
And because many families do not want to scatter everything, it helps to know you can combine choices. A common plan is “a little for the place, and a little for home.” That might mean a primary urn plus a shareable keepsake. Funeral.com’s collection of cremation urns and cremation urns for ashes includes full-size options for a home memorial, while small cremation urns and keepsake urns can hold a portion for siblings, children, or a private remembrance space.
For families who want something even more discreet, cremation jewelry can be a gentle bridge between scattering and keeping. A small amount of ashes can be sealed into cremation necklaces or other memorial pieces, allowing a person to be “with you” without making the home feel like a shrine you didn’t ask for. If you’re new to this idea, starting with a simple overview can help; Funeral.com’s cremation urn resource, the complete guide to cremation urns, also explains common ways families divide ashes thoughtfully and safely.
Pet ashes: where the rules and the heart sometimes differ
Many people want to honor a pet the same way they would honor a person—especially when that pet was a daily companion through grief, illness, divorce, or loneliness. Legally, though, pets don’t always fit the same frameworks, especially offshore. The EPA’s burial-at-sea guidance makes clear that human remains are covered by the ocean general permit, while pets are not. On land, permission-based rules still apply: private property is typically simplest, while parks and public lands may have restrictions.
If your plan is to keep a pet close rather than scatter, Funeral.com’s pet urns and pet urns for ashes collection includes many styles, and families who want a more visual tribute often choose pet cremation urns with figurine designs or smaller shareable options like pet cremation urns in keepsake sizes. When you’re deciding, it can help to read guidance written specifically for this kind of grief; Funeral.com’s Pet Urns 101 guide is designed to help families choose without pressure.
Keeping ashes at home before scattering: a normal “in-between” season
Families often think they need to decide immediately, but many don’t. Keeping ashes at home for weeks, months, or even longer can be a meaningful bridge—especially when the right scattering season hasn’t arrived, when siblings live in different states, or when emotions are still too raw to plan a public moment. There is nothing “wrong” with waiting. Sometimes waiting is how families make the decision together rather than under pressure.
If you’re choosing to keep ashes at home for now, Funeral.com’s guide to keeping ashes at home covers safe placement, household concerns (including kids and pets), and respectful ways to talk about longer-term plans without turning the urn into a source of tension.
A note on airplane scatterings: the “dropping objects” rule
Some families ask about releasing ashes from an airplane over a meaningful landscape. While laws and permissions can still apply to the land or park below you, aviation rules also matter. The federal aviation regulation at 14 CFR 91.15 states that a pilot may not allow objects to be dropped if doing so creates a hazard to people or property—so operators typically plan routes over unpopulated areas and ensure the container itself is never dropped. If you’re considering this option, treat it like any other public-land plan: confirm permissions for the underlying location and choose a professional operator who handles the compliance details.
How funeral planning connects to scattering, costs, and peace of mind
Scattering can feel like a single moment, but it often depends on many earlier decisions: who will transport the remains, whether the family will hold a memorial first, and how the ashes will be stored until the ceremony. That’s why it helps to consider scattering as part of funeral planning, not as a separate, isolated task. When a death has already occurred, the choices can feel urgent; when you are planning ahead, you can give your family a gift: clarity.
If you are trying to organize the broader process, Funeral.com’s guide on how to plan a funeral is written for real families making real decisions. If you’re planning in advance, the article on how to preplan a funeral includes a practical checklist and a helpful reminder: write down your “ashes plan” so your family doesn’t have to guess later.
Cost questions also deserve compassion. Families often ask, how much does cremation cost, because they are trying to do something meaningful without being overwhelmed by expenses. If you want a clear breakdown of typical price ranges and what can change the cost, Funeral.com’s guide to how much cremation costs explains common line items in plain language.
A gentle closing reminder: check local rules, then plan the moment you want to remember
Most families don’t want to “make a statement” with ash scattering. They want a quiet moment that feels true. The best way to protect that moment is simple: identify who manages the place, ask what they require, and choose a method that leaves no trace. When you do, the ceremony often becomes what it was always meant to be—an act of love, done carefully.
If you’re still deciding, you don’t have to choose a single path. Many families use a blend: a small scattering, a home memorial, and one or more keepsakes. Whether you’re looking for cremation urns for ashes, shareable keepsake urns, small cremation urns, cremation jewelry like cremation necklaces, or memorial options for pets through pet urns for ashes and pet cremation urns, the goal is the same: to honor a life (or a beloved companion) in a way that feels steady and respectful—today, and years from now.
