Scattering Ashes - Laws & Regulations
Scattering ashes is an act of memorialization and isn’t a normal state matter (outside of State controlled parks and lands). This makes it difficult to find an appropriate answer.
If you're scattering ashes ceremony is to be held within a city or town limits this suggests that city/town ordiance and bylaws should be consulted.
If your scattering ashes ceremony is to be held outside of city or town limits then municipal or county ordiance and bylaws should be consulted.
That said, Cremation Solution's standard response to scattering ashes mirrors that of our government.
"DONT ASK, DONT TELL"
There are no "scattering ashes police" in any state to ensure proper etiquette, permits, or permission are obtained and used. There are no health, safety or environmental issues to be concerned about. Your own moral compass/judgment can be equally right within the reasons of common sense.
It’s a good practice to get the permission to scatter ashes from the landowner to do anything on private land.
Controlled Public Lands
Most controlled lands such as public city parks have rules and regulations, and permits.
Uncontrolled Public Lands
When it comes to non-specific public land, (e.g. rural woodlands) don’t ask, don’t tell is as fitting advice as any. No laws say "yes you may" and no laws say "no you may not."
Be advised that cremated remains or as most people call them "ashes" can be stark white, a little like aquarium gravel, and therefore rather conspicuous, not at all like the "ashes from a fireplace". You may wish to consider a shallow burial unless you’re scattering ashes in water. It is also highly advisable to use roads (areas) less traveled for the ash scattering ceremony; cremation and/or scattering ashes is offensive to many people and cultures.
As a guide, you should not scatter ashes within 100 yards of public roads, walks or public trails.
Within all the literary writings at all levels; federal, state, and local legislation - the only commonally agreed point of principle I have found is that the container which carries the remains must be disposed of separately - preferably is a waste receptacle.
Requirements for burying remains at sea are listed below. Burials in inland waters are regulated according to the Clean Water Act. For inland water burial, a permit is required from the appropriate state agency.
EPA Requirements For Scattering Ashes at Sea
Disposal location and measures of non-cremated remains
Burial at sea of human remains that are not cremated shall take place at least 3 nautical miles from land and in water at least 600 feet deep. Certain areas, including east central Florida, the Dry Tortugas, Florida and west of Pensacola, Florida to the Mississippi River Delta, require water at least 1800 feet deep. Refer to the Code of Federal Regulations at 40 CFR 229.1 (PDF) (1 p, 149K, About PDF) for details. All necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently.
Disposal location and measures of cremated remains
Cremated remains shall be buried in or on ocean waters without regard to the depth limitations specified for non-cremated remains in the above paragraph provided that such burial takes place at least three nautical miles from land.
Decomposable flowers and wreaths
Flowers and wreaths consisting of materials that are readily decomposable in the marine environment may be placed at the burial site.
Notice to EPA within 30 days
All burials conducted shall be reported within 30 days to the EPA Region in writing. The following information should be included and mailed or faxed to the Region 4 contact at the bottom of this page. You can copy the information below or complete and print the Region 4 burial at sea form (PDF) (1 p, 228K, About PDF).
For More Information in Region 4
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee
U.S. Environmental Protection Agency, Region 4
Burial at Sea Contacts in Other EPA Regions
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont
Ann Rodney (email@example.com)
New Jersey, New York, Puerto Rico and U.S. Virgin Islands
Patricia Pechko (firstname.lastname@example.org)
District of Columbia, Delaware, Maryland, Pennsylvania, and Virginia
Renee Searfoss (email@example.com )
Lousiana and Texas
Stephen Bainter (firstname.lastname@example.org)
California, Hawaii, American Samoa, Guam, Northern Marianas and Trust Territories
Allan Ota (email@example.com)
Alaska, Oregon and Washington
For information about the contents of this page please contact Gary Collins