Burial at Sea: EPA Rules, Full-Body and Ashes, and How to Plan It

Burial at sea is legal in the US and does not need a permit application. An EPA general permit allows both cremated and non-cremated human remains to be buried at sea if the burial is at least 3 nautical miles from land. Non-cremated remains must be in water at least 600 feet deep, and every burial must be reported to the EPA within 30 days.

What are the federal rules for burial at sea?

The rules come from the EPA's general permit under the Marine Protection, Research, and Sanctuaries Act, written into federal regulation at 40 CFR 229.1. The EPA says no fee is payable to the EPA and no death certificate is needed for the report.

Three nautical miles is about 3.45 statute miles, measured from land, not from the dock. Ask the captain to leave a margin.

The EPA permit does not cover lakes, rivers and bays. The EPA says states may authorize burials in inland waters under state law or the Clean Water Act, so contact your state agency before planning anything there. The same applies closer to shore than 3 nautical miles. Our ash scattering rules checker and guide to scattering ashes cover the state and local side.

How does burial at sea work with cremated remains?

Scattering cremated remains at sea is the simpler route and what most people mean by burial at sea. You can book an unattended service, where the captain scatters the remains for you, or a charter where family attends. See our guide to scattering ashes at sea for how these services work.

The EPA sets conditions on what goes into the water:

• A container for cremated remains must not contain plastic of any kind, float or otherwise add to marine debris, and should break down or dissolve relatively quickly.
• Flowers and wreaths are allowed only if they are made of materials that decompose readily in seawater. Skip plastic ribbon, wire and floral foam.
• Pet ashes cannot be mixed with cremated human remains.

An urn made to dissolve is the usual choice. Some products are sold as floating for a few minutes, which can conflict with the EPA's condition, so ask the maker how the product meets it. A standard ceramic or metal urn will not meet those conditions, so the ashes would be poured out and the urn brought home.

How does a full-body burial at sea work?

Burial of non-cremated remains is rarer, more complex and needs more planning. The EPA's permit requires 600 feet of water or 1,800 feet in the specified areas, and it recommends how to prepare the remains so they sink and stay down.

• Casket. The EPA recommends drilling twenty 2-inch holes in the casket (8 in the top, 8 in the bottom, 2 in the head and 2 in the foot), adding weight such as sand or concrete totaling at least 300 pounds, and securing it with at least six durable stainless steel bands, chains or natural fiber ropes.
• Shroud. For remains without a casket, the EPA recommends a natural fiber shroud with added weight, such as a steel chain, so the remains sink quickly.
• Not allowed. The permit does not cover burning vessels or funeral pyres, containers with plastic, or non-decomposable items.

These are the EPA's recommendations, not a full set of legal standards, and a vessel needs suitable equipment to lower a weighted casket safely. The EPA permit does not mention funeral directors, but state law on death certificates and disposition permits still applies, so families normally arrange this through a funeral home. Ask the funeral home which state permits they need before you book a boat. Our shroud burial guide covers shrouds on land.

What is not allowed?

The EPA lists these items as not permitted under the general permit:

• Pet or other non-human remains
• Plastic and other materials that do not readily decompose in the ocean
• Metal flowers, tombs, tombstones and monuments
• Artificial reefs
• Medical waste mixed with remains

Memorial reef products that mix cremated remains into concrete are handled outside this general permit. If that appeals to you, read about memorial reef balls and ask the provider which permits it holds.

Who reports the burial, and how?

The EPA says you must notify it within 30 days after the burial. Use the Burial at Sea Reporting Tool at burialatsea.epa.gov or contact the EPA regional office. The EPA says the reporting requirement applies to those transporting remains from the US, operators of US-flagged vessels and aircraft, and US government agencies. Its page does not say who files when a charter is used, so ask the operator to confirm in writing before you book, and keep a copy of the filing.

Can the Navy perform a burial at sea?

The Navy runs its own program for some military members, veterans and family members, and the EPA points eligible families to it. The VA states that its National Cemetery Administration cannot provide burial at sea. It refers families to Navy Mortuary Affairs at 1-833-330-6622 and says veterans and active-duty members buried at sea may still be eligible for a government-furnished headstone or marker. Ask the Navy about eligibility, timing and whether family can attend, since those details are set by the Navy, not the EPA. See our guides on military funeral honors and VA headstones and markers.

What does burial at sea cost?

The EPA charges nothing, but other costs depend on the route you choose. An unattended scattering, a private charter, a funeral director's services, a casket or shroud and any weights all carry separate charges, and prices vary by coast and operator. We have not found a reliable national price survey, so ask each provider for a written quote that lists what is included, who files the EPA report and what happens if weather forces a delay. The funeral cost calculator can help you compare against a land burial or cremation.

How to plan a burial at sea

1. Decide between cremation and full-body burial. Most families choose cremation because it is simpler.
2. Talk to a funeral home about the death certificate, permits and preparation, especially for full-body burial.
3. Choose a vessel and operator experienced with burial at sea. Ask about the 3-nautical-mile distance, depth for full-body burial and equipment.
4. Choose the container. For ashes, pick a container that meets the EPA's conditions. For full-body burial, follow the EPA's preparation recommendations.
5. Hold the ceremony. Stand downwind and hold ashes close to the water's surface. Use only natural flowers.
6. Report within 30 days, or confirm in writing that the operator has done so. Ask for the coordinates of the burial if you want a place to return to.

For families weighing other natural options, see eco-friendly cremation and aquamation vs cremation.

What to do next

1. Decide whether you want a full-body burial or to scatter cremated remains.
2. Ask two or three operators for written quotes and the coordinates they will record.
3. Confirm who will file the EPA report, and save the confirmation.