Scattering Cremated Remains: Legal Considerations and Meaningful Rituals

Cremation has become the preferred choice for many Americans when saying their final goodbyes to loved ones. This shift began in the early 1980s and has continued to grow steadily over the years. Today, more than 59% of Americans opt for cremation either for themselves or loved ones, reflecting a significant change in the preferences surrounding end-of-life arrangements. 

If you have recently lost a loved one, you may find peace in the thought of scattering their remains in a favorite location or in some place that is meaningful to their memory. This could be a park they frequented, a public garden near their workplace, or even on their childhood home’s lawn or family farm. While the law does not forbid the scattering of ashes, there are some legal considerations and requirements at both the federal and county levels. 

You must comply with these legal requirements to make the scattering process lawful and peaceful. 

Scattering Cremated Remains Legal Considerations and Meaningful Rituals

Regulations for Cremation 

When scattering cremated remains, it is important to follow regulations as human remains have a highly alkaline chemical composition that can impact the environment. Being mindful of others’ property and personal considerations during the process is also essential. 

You need a permit from the California Department of Consumer Affairs Cemetery & Funeral Bureau to scatter ashes in California. Additional permits from your county or city are also required to scatter the ashes on public property.

The permit application process requires these details:

  • Original death certificate 
  • The city, county, and state of death
  • Date of birth of the deceased and date of death
  • Full name of the deceased

Below, we have listed some preferred locations for the scattering ritual and the regulations for each setting. 

National Parks

National parks are often chosen for scattering ashes due to their tranquil environments. However, there are specific regulations that need to be followed. 

Firstly, a park-specific permit must be obtained from the National Park Service. Each park may have its own permit application process, so it’s essential to contact the park directly or visit their website for information.

These permits outline guidelines regarding the designated areas where ashes can be scattered—typically areas away from people. Therefore, any area near hiking trails, bodies of water, or zones within the park where people pass or stay, is prohibited. 

The Ocean or Sea

In the U.S., including in California, scattering ashes at sea is governed by the Environmental Protection Agency (EPA) and the Clean Water Act.

While sea burials for both cremated and non-cremated human remains are permitted, the EPA needs to be notified in advance and at least within 30 days of the death.  

Per EPA regulations, ashes should be scattered at least three nautical miles (approximately 5.6 kilometers) from the shore. This prevents the ashes from washing ashore and ensures they disperse properly in the ocean. Additionally, non-decomposable materials such as plastic or metal wreaths, flowers, urns, and gravestones should not be included.

While it’s not always required, it’s advisable to notify the U.S. Coast Guard or local authorities before scattering ashes at sea. This allows them to be aware of your plans and ensures compliance with any additional regulations or guidelines in your area.

Mountain Peaks

The regulations for scattering ashes on mountains in the U.S. varies depending on the specific mountain area and the authority overseeing it. 

It is necessary to check with the appropriate authorities, such as the National Park Service or the U.S. Forest Service to find out if the area you want to scatter ashes in requires a permit. Many mountain areas will already have designated sites that minimize environmental impact. 

It is also important to be respectful of any sacred sites or areas that are culturally significant to  indigenous communities or any other groups. 

Private Land

Scattering ashes on private land is more straightforward. While you don’t need to obtain permission to scatter ashes on your own land, you should ensure it is done with respect to the surrounding community. Keep ample distance from public spaces like walkways and roads, and consider the wind direction so you do not inadvertently scatter the ashes on another person’s property. 

If the land is not your own, you must obtain explicit permission from the landowner before scattering ashes. This is essential to respect property rights and avoid legal issues.

Even on private land, you should check local regulations and zoning laws to ensure there are no specific restrictions on scattering ashes in your area. Some municipalities may have ordinances regarding the practice. 

Other Meaningful Rituals for Your Loved One’s Ashes 

Here are some other ways to memorialize your loved one’s ashes:

Personal Tribute

You may include mementos or personal belongings such as letters, jewelry, books, photographs, or clothing to your scattering ritual.  You could keep these with you during the ceremony or share them with family members and close friends who may also cherish a memento of your loved one.

Cremation Jewelry

Wearable ash jewelry, or cremation jewelry, can give you a tangible way to remember loved ones. Ash jewelry is crafted by blending some ashes with molten glass, colored crystals, or metals, creating beautiful necklace pendants or charms that you can have as keepsakes.

Burial Trees 

For a living tribute, you can plant a burial tree. This eco-friendly practice involves scattering the ashes into the soil near an existing tree or alongside the sapling of a new tree. Alternatively, you can opt for biodegradable urns to bury the ashes, allowing them to naturally enrich the soil. 

Respectful and Meaningful Cremation Services 

As a full-service funeral home, crematorium, and cemetery, Hollywood Forever is dedicated to providing support and guidance during your time of loss. 

Contact us today, and we will assist you with the utmost respect and professionalism as you say your final goodbyes to your loved one.


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