“Three nautical miles” sounds like a simple number until you’re the person responsible for making the day go smoothly. Families often picture a ceremony “out on the ocean,” but the EPA rule is more specific than that, and understanding it ahead of time is what turns a stressful trip into a calm, meaningful moment. The good news is that the framework is straightforward once you know what is being measured, where “shore” is defined, and what choices keep the ceremony environmentally respectful.
This guide focuses on water burial and burial at sea for cremated remains in U.S. ocean waters under the EPA’s burial-at-sea general permit. The authoritative reference point is the U.S. EPA burial-at-sea page, which also explains reporting requirements, what is allowed or not allowed as tributes, and how to handle containers. If you’re choosing an urn specifically for a water ceremony, start with Funeral.com’s biodegradable urns for ashes, which includes water-soluble designs, and pair it with the water ceremony walkthrough: Understanding What Happens During a Water Burial Ceremony.
“Water Burial” vs. “Burial at Sea” (Why the Words Matter)
Families use “water burial” in two different ways. Sometimes it means scattering ashes on the surface of the ocean. Other times it means placing a water-soluble urn into the water so the vessel dissolves and the remains are released gradually. The EPA’s burial-at-sea framework covers “release of cremated remains” in ocean waters and provides the rules that apply when the ocean is the location.
Inland waters are different. The EPA states that scattering in lakes, rivers, or other inland waters is not subject to federal regulation under the MPRSA burial-at-sea general permit, but states may have requirements and some states prohibit burial of cremated remains in inland waters. That’s why families planning a lake or river ceremony often check with a state environmental agency, health agency, or mortuary board.
What “3 Nautical Miles” Really Means
The EPA 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. U.S. EPA
Two details inside that sentence are what change how families plan.
First, a nautical mile is not the same as a “regular” mile. NOAA explains that one nautical mile is about 1.1508 statute miles (and 1.852 kilometers). NOAA NIST defines the nautical mile precisely as 1,852 meters. NIST That means 3 nautical miles is about 3.45 statute miles (and about 5.56 kilometers).
Second, the EPA defines “from shore” in a way that matters for bays and river mouths. The EPA states that the general permit does not allow placement of human remains within three nautical miles from shore, and it clarifies “shore” as the ordinary low water mark or a closing line drawn on nautical charts across the openings of bays and rivers. In plain language: if you’re inside a bay, the “starting line” for the 3-nautical-mile measurement may be the charted line across the bay entrance, not the beach you can see from your boat.
How Families Actually Make Sure They’re 3 Nautical Miles Out
Most families don’t measure the distance themselves with charts and dividers. They rely on a captain or charter service, and that’s often the calmest approach. The EPA explicitly notes that you may use your own boat or a boat you’re authorized to use, and that many charter boat operators offer burial-at-sea services.
If you want a practical way to think about “proof,” here’s what usually works without turning the day into a navigation exercise. Ask the charter operator, in advance, “Will we be at least three nautical miles from shore under the EPA rule, and can you confirm how you determine that?” A good operator will reference GPS/navigation and local practice. You are not asking for paperwork; you’re asking for confidence.
If you’re using your own boat, the simplest approach is to use a marine navigation app or chartplotter that displays nautical miles and your position relative to land and bay entrances. The key is to measure to the correct “shoreline” definition the EPA uses, especially around bays and river openings.
Containers and Urns: What the EPA Allows (and What Families Prefer in Wind)
Families often worry they must scatter ashes directly onto the sea surface. The EPA explicitly addresses this: it notes there may be instances where scattering on the sea surface is not appropriate due to wind conditions or other reasons, and that in those instances, ashes may be buried at sea in an acceptable container.
That is where urn material becomes the practical difference between a calm moment and a stressful one. The EPA states that a container used for burial at sea must not contain plastic of any kind, must not float, and must not otherwise contribute to marine debris. It also states that ideally the container should degrade or dissolve in a relatively short period of time in the marine environment.
This is exactly why water-soluble biodegradable urns exist. If you want the simplest shopping path that aligns with the EPA’s “no plastic, no float, dissolve” expectations, start with Funeral.com’s biodegradable urns for ashes and read the material explainer that distinguishes water-soluble versus soil-only options: Eco-Friendly Urns and Biodegradable Options: Water, Soil, and Tree Memorials.
What You Can Bring to the Water (Flowers, Wreaths, and “No Plastic” Reality)
Families often want a small tribute—flowers, a wreath, a note—because rituals need something visible to hold the moment. The EPA allows flowers and wreaths at the burial site when they are made of materials that are readily decomposable in the marine environment, and it warns that plastic flowers or synthetic wreaths would not be expected to decompose rapidly.
The EPA also lists examples of what is not allowed under the general permit, including placement of materials not readily decomposable in the marine environment such as plastic or metal flowers and wreaths, monuments, and other structures.
If you want the moment to feel beautiful without worrying you’ve created marine debris, choose natural flowers without plastic wrap, skip foam, and avoid anything with wire frames or synthetic ribbons. Many families keep it simple: a few loose petals, a small natural bouquet that can be disassembled, or a single flower each person can place.
A Calm Way to Plan “The Moment” (So It Doesn’t Feel Rushed)
The ocean can make people feel exposed. Wind, motion, and the presence of strangers on nearby boats can make families feel like they need to “get it over with.” The most helpful planning choice is to give the ceremony a small structure so nobody is improvising while seasick or emotional.
Families usually do best with a short sequence that feels natural rather than formal. Arrive at the location, pause while the captain confirms the position, and then choose one clear “beginning” cue—often a few words spoken out loud. Then do the physical act (release or placement). Then give the group a clear “ending” cue—silence for a minute, a final sentence, a piece of music, or the shared act of placing flowers.
If you want a detailed walkthrough of what water ceremonies typically look like, including roles for family members, wording ideas, and why water-soluble urns can reduce wind-related stress, this Funeral.com guide is built for exactly that: Understanding What Happens During a Water Burial Ceremony.
Two Planning Decisions That Prevent the Most Common Regrets
First, decide whether you want to keep a portion. Many families do. Keeping a small share at home can make the scattering or water burial feel like release without erasure. The most common “keep a portion” tools are keepsake urns (small shareable portions) and cremation jewelry (a symbolic wearable amount). The primary remains can still be honored at sea while preserving a private memorial space on land.
Second, decide what you will do if conditions aren’t ideal. The EPA explicitly recognizes that wind can make surface scattering inappropriate, which is one reason a water-soluble urn can be so calming: you can place it rather than fight the wind. Having a “wind plan” ahead of time prevents the on-the-boat debate that leaves families feeling unsettled.
EPA Reporting: What Families Must Do Afterward
This is the part most families don’t learn until they start researching. The EPA requires notification of burial at sea within 30 days following the event. The EPA also states that all burials conducted under the general permit must be reported to the EPA Region from which the vessel carrying the remains departed.
The practical part is easier than families expect. The EPA provides an online Burial at Sea Reporting Tool to submit the report. The EPA also notes that you do not need to submit documentation such as a death certificate when reporting through the tool. If you want the specific “what do I put in the report” guidance, the EPA’s reporting tool fact sheet explains the data fields and the purpose of the tool.
The EPA also clarifies that there is no application or prior notice required for the general permit, and no fees payable to the EPA for using it or filing the notification. In other words, you don’t “apply” first; you report after.
A Brief, Important Note About Pet Ashes
Families sometimes want to honor a loved one and a pet together at sea. The EPA is explicit that the MPRSA general permit authorizes the burial at sea of human remains only, and that pet ashes or ashes of other animals cannot be mixed with cremated human remains for authorized burial under the general permit.
If your plan involves pet ashes, you may need to choose a different approach, a different location, or obtain different permissions. A local funeral director or a state environmental/mortuary agency may be able to help you understand the alternatives, depending on where you’re planning the ceremony.
The Bottom Line
“Three nautical miles” is not a vague guideline. It is the EPA’s threshold for burial at sea in U.S. ocean waters, and it is measured from “shore” as defined by the ordinary low water mark or charted closing lines across bay and river openings. Because a nautical mile is longer than a land mile, 3 nautical miles is about 3.45 statute miles (about 5.56 km).
Families plan the moment most smoothly when they choose a wind-ready approach, use truly biodegradable materials (no plastic), and select a water-appropriate urn that is designed to dissolve or degrade in the marine environment. The simplest starting points on Funeral.com are the biodegradable urns for ashes collection (with water-soluble options) and the ceremony walkthrough Understanding What Happens During a Water Burial Ceremony. And after the day itself, remember the administrative step that completes the plan: EPA notification within 30 days, using the EPA reporting tool tied to the Region where the vessel departed.
