When families ask where can you scatter ashes, they’re usually trying to protect two things at once: the meaning of the moment and the place where it happens. Scattering can feel like the simplest answer to what to do with ashes, but it quickly turns into practical questions about permission, distance, and whether the location has rules you didn’t know existed until you’re standing there with the urn in your hands.
This is also a question more families are facing now. According to the National Funeral Directors Association, the projected U.S. cremation rate for 2025 is 63.4%. NFDA also reports that among people who prefer cremation for themselves, 33.5% would prefer their remains scattered in a sentimental place, while many others prefer a cemetery placement or keeping ashes at home. The Cremation Association of North America similarly tracks cremation as the majority choice in the U.S. With cremation becoming common, the “after” decisions—scattering, keeping, dividing, burying, or choosing water burial—have become everyday funeral planning.
This guide is general information, not legal advice. It will help you understand how ash scattering laws typically work by location, what permissions to seek, and how to keep the ceremony respectful and low-stress—whether you’re scattering on private land, at a beach, in a national park, or at sea.
The Simple Framework Behind Ash Scattering Laws
If you’re wondering is scattering ashes legal, the most reliable way to answer is to separate law from policy. Law is what your state or the federal government says is allowed. Policy is what a land manager, park, beach authority, or cemetery requires on their property. Families often run into policy first, because it’s what gets enforced on the day of the ceremony.
In practice, most “rules” come down to three questions: Who controls the remains? Who controls the land or water? And what does that owner or agency require to grant permission? Once those are clear, the rest usually becomes manageable.
Scattering on Private Property
For most families, scatter ashes on private property is the simplest route because it avoids permits and public-space restrictions. The key is permission. If you own the property, you’re deciding what is appropriate on your land. If you don’t own it—even if it’s a family cabin, a friend’s farm, or a place you “always visited”—get clear, written permission from the owner. People move, properties change hands, and the last thing you want is future conflict around something that was meant to bring peace.
Practically, private-property scattering is also where many families choose a quieter approach—small portions released over time, a “walk and release” along a garden edge, or a discrete soil-integration method where permitted. If you’re not sure what the moment will feel like mechanically, a purpose-built scattering urn or tube can make the experience calmer because it’s designed for controlled release instead of improvised pouring. Funeral.com’s guide Scattering Urns and Tubes: How to Choose an Eco-Friendly Option explains the difference between urn styles, tubes, and biodegradable options, and its companion piece An In-Depth Guide to Scattering Cremation Ashes from an Urn walks through wind, setup, and pacing.
If your plan is to scatter most of the ashes but keep a portion, families often pair the ceremony with a home memorial using cremation urns for ashes, a smaller “shareable” container from small cremation urns, or a symbolic portion in keepsake urns. For families who want closeness that travels, cremation jewelry and cremation necklaces are designed to hold a tiny amount, not a “portion,” but they often fit beautifully into a blended plan.
Beaches, State Parks, and Local Public Land
Beaches and parks can feel like the “right” place—especially if they were part of someone’s daily life. The practical challenge is that local rules vary widely, and beaches often involve layered jurisdiction (city, county, state park system, or coastal commission). A respectful plan usually starts with one call: “Do you allow scattering, and what do you require?”
California is a good illustration of how permission-based rules work. California law explicitly allows scattering in areas where there is no local prohibition, but it requires written permission from the property owner or governing agency, and it requires that remains not be distinguishable to the public and not be scattered in a container. You can read the core language directly in California Health & Safety Code § 7116. Some parks also publish their own procedures and restrictions. For example, Crystal Cove State Park’s scattering page explains the need for written permission and notes that additional restrictions may apply in certain settings. See Crystal Cove State Park’s scattering guidance.
Even outside California, the underlying principle is similar: public land often means “allowed with rules.” It’s not meant to make the ceremony harder; it’s meant to protect sensitive areas, prevent visible piles, and keep public spaces usable for everyone.
National Parks and Federal Lands
Scattering ashes national park permit is one of the most searched phrases for a reason. Many national parks do allow scattering, but they often require written permission or a permit, and they often require that the scattering be discreet, away from high-use areas, and consistent with “leave no trace” expectations.
Policies vary by park, so it helps to treat each park’s page as the authority for that location. Great Smoky Mountains National Park states that requests require permission pursuant to 36 CFR 2.62(b) and that the person scattering must have a letter of permission on site. See Great Smoky Mountains National Park’s scattering guidance. Biscayne National Park states that scattering requires a Special Park Use Permit and includes specific location restrictions and conditions, including keeping the event small and private. See Biscayne National Park’s permit information.
Some parks also spell out “distance and dispersal” rules clearly. Gulf Islands National Seashore notes that scattering is permitted with a special use permit and includes conditions such as dispersing remains over a wide area and keeping away from developed areas; it also references federal ocean rules and notes additional distance guidance in relation to waterways and trails. See Gulf Islands National Seashore’s scattering permit page. Even if you’re not scattering in that specific park, it’s a helpful example of the kinds of conditions you may see in federal public lands policies.
If your chosen place is on federal land but not a national park (for example, a national forest or Bureau of Land Management property), the safest assumption is that you may need permission and that digging or leaving markers is usually prohibited. A quick call to the local field office can protect you from an interrupted ceremony.
Scattering Ashes at Sea Rules
Scattering ashes at sea rules are clearer than most people expect, because the ocean is governed by federal environmental law in a way that many inland locations are not. The U.S. Environmental Protection Agency explains that the federal “burial at sea” general permit authorizes the release of cremated human remains in ocean waters under specified conditions, including a distance requirement and a reporting requirement. See the EPA’s Burial at Sea guidance and the underlying regulation at 40 CFR § 229.1.
In plain terms, 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, and that the burial must be reported to the EPA within 30 days. The EPA also makes clear that the general permit does not authorize the placement of non-human remains (including pets) and does not allow materials that are not readily decomposable in the marine environment, such as plastic or metal flowers and wreaths. Those details are why many families choose biodegradable containers and keep the ceremony intentionally simple.
If your family is deciding between “surface scattering” and a true water burial where a biodegradable urn is placed into the ocean, it helps to choose the container that matches the experience you want. Funeral.com’s guide Scattering vs. Water Burial vs. Burial: Which Urn Type Fits Each Plan? clarifies the difference, and Biodegradable Ocean & Water Burial Urns explains how dissolving containers work in real conditions. If you want a product starting point for eco-minded plans (including scattering tubes and water-soluble options), biodegradable & eco-friendly urns is a practical place to browse.
Lakes, Rivers, and Inland Waterways
Inland water is where families often feel the most uncertainty. The EPA’s burial-at-sea permit is designed for ocean waters, and the EPA notes that scattering in lakes, rivers, and other inland waters is generally not covered by that federal ocean permit—meaning state and local rules may apply. See the inland-water question addressed on the EPA’s Burial at Sea page.
Practically, this means a lake ceremony might be permitted, restricted, or discouraged depending on the water body and its governing authority. Some parks and seashores explicitly treat proximity to inland waterways as a sensitive issue and require distance. If your loved one’s “place” is tied to a river or lake, the kindest low-stress move is to call the managing authority (state environmental agency, park office, local water authority, or marina). It’s often a five-minute call that prevents a ceremony-day second-guessing spiral.
Cemeteries, Scattering Gardens, and Designated Memorial Areas
Some families choose a cemetery scattering garden because it removes the “permission” uncertainty and creates an ongoing place to visit. This can be especially important when relatives live far away and want a stable location that won’t change ownership or access rules.
A cemetery scattering plan can also be part of a blended approach: scatter a portion in a designated garden while keeping a portion at home in cremation urns, or sharing a portion through keepsake urns or cremation jewelry. If home is part of your plan, Funeral.com’s guide keeping ashes at home walks through practical storage and gentle etiquette in plain language.
Scattering by Air
Aerial scattering can feel symbolic—release over a coastline, a mountain, a hometown. The federal aviation rule people most often reference is the FAA’s “dropping objects” regulation, which states that no pilot in command may allow any object to be dropped from an aircraft if it 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. You can read the text at 14 CFR § 91.15.
In practical terms, families typically treat this as “ashes may be released, but you should not drop any container or object.” You should also consider what is below the flight path and whether the release could affect people, roads, or property. And as with land and water, state and local rules may still apply. If you’re using a professional aerial scattering service, ask what route they use, what precautions they take, and what documentation (if any) they provide afterward.
Two Quick State Snapshots: California and Ohio
Scattering ashes in California
Scattering ashes in California is often misunderstood as “totally banned” because people hear about shoreline and park restrictions. The reality is more precise. California’s Health & Safety Code allows scattering where there is no local prohibition, but it requires written permission from the property owner or governing agency, and it requires that remains not be distinguishable to the public and not be scattered in a container. The statute is Health & Safety Code § 7116. The part that matters most in real life is the phrase “where no local prohibition exists.” A county beach, a city park, and a state park can all treat scattering differently, even within the same region.
Scattering ashes in Ohio
Scattering ashes in Ohio is also often described in overly broad terms, so it helps to look at what the state actually says in its funeral-and-cremation statutes. Ohio law includes provisions about disposition and commingling, and it references scattering as one of the lawful methods of disposition in certain circumstances. See Ohio Revised Code § 4717.27. As in other states, the practical “rules” families encounter are often about the location (property permission, park rules, cemetery policy) rather than a single statewide “yes or no” scattering rule for every setting.
The Container Matters More Than Most People Expect
The moment of scattering is often where families realize the physical reality: wind, uneven ground, a dock that sways slightly, a group of people watching with tender attention. A container designed for scattering can make the moment calmer because it’s built for controlled release. Funeral.com’s scattering urn and tube guide explains the practical differences, and if you want a non-Funeral.com reference for how some commercially available scattering tubes are engineered, Passages International describes scattering tubes with removable lids and “push-in” tabs, noting that they contain no metal or plastic components and can be recycled or composted after use. See Passages International’s scattering tube description.
Many families also decide, quietly and wisely, to set aside a portion before the ceremony. That can look like a small home memorial, a keepsake for a sibling, or a piece of jewelry that travels with you. This is often where the categories come together naturally: a primary urn from cremation urns for ashes, a shareable portion in keepsake urns, and perhaps a wearable tribute from cremation necklaces.
Keeping the Moment Respectful and Low-Stress
Most scattering ceremonies go smoothly when families plan for small, unromantic details. Stand with the wind at your back. Choose a time with fewer crowds if you’re in a public place. Keep the group small enough that the moment feels private. Avoid leaving anything behind—especially plastic flowers, ribbons, or objects that turn into litter. If the location has a rule against markers, respect it. The place is part of the tribute, too.
If you feel stuck between scattering and other options, it can help to remember you don’t have to choose a single path. Many families create a blended plan that is both practical and emotionally honest. Funeral.com’s guide What to Do With Cremation Ashes lays out common options in a way that makes room for combinations, not just either-or decisions.
Cost also shapes these choices more often than people like to admit. When families ask how much does cremation cost, they’re often trying to understand what budget is left for travel, ceremonies, and memorial items. NFDA reports that the national median cost of a funeral with viewing and burial in 2023 was $8,300, while the median cost of a funeral with cremation was $6,280. See NFDA’s statistics. If you want to understand common line items and avoid surprise add-ons, Funeral.com’s guide Cremation Costs Breakdown connects the numbers to the memorial choices families make afterward.
A Gentle Bottom Line
If you’re trying to answer where can you scatter ashes, the safest approach is also the kindest: match the plan to the place, and match the place to the permissions required. Private property is usually simplest with owner permission. Parks and beaches often require written approval or a permit. National parks commonly require written permission and enforce location-specific conditions. Ocean scattering is governed by federal rules, including the three-nautical-mile guideline and EPA reporting. Inland waterways are usually about state and local authority. And in every setting, a purpose-built scattering urn or tube can make the experience calmer by keeping the release controlled and dignified.
Most of all, you don’t have to make this decision in a rush. If you need time, keeping ashes at home for a season is common and often comforting. The best plan is the one your family can carry with steadiness—on the day of the ceremony, and on the ordinary days that come after.
