Free tool · Cremation

Ash Scattering Rules Checker

Pick where you plan to scatter ashes to see the rule that applies, who to ask and what to do first. There is no single U.S. rule. At sea it is allowed at least 3 nautical miles from land with a report to the EPA within 30 days, national parks need a permit or a designated area, and everywhere else the owner or land manager decides.

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Figures checked Sep 30, 2026

Where will you scatter?

Pick the kind of place. You'll see who sets the rule and what to do before you go.

Location

The oceanFrom a boat, at least 3 nautical miles from land.A lake, river or bayFresh water or sheltered coastal water.A national parkLand run by the National Park Service.National forest, BLM or other federal landForest Service, Bureau of Land Management, wildlife refuges and similar.A state, county or city parkLand run by a state or local parks department.Land you ownYour own yard, farm or other property.Someone else's landA friend's farm, a family member's garden, a business's grounds.A cemeteryA scattering garden or other cemetery grounds.

Choose a place on the left to see the rule that applies, who to ask and a short checklist.

Flying with the ashes? The TSA allows cremated remains in carry-on and checked bags, but some airlines don't allow them in checked bags. TSA officers won't open a container, and one that shows up opaque on the X-ray scanner may not be allowed through. Check with your airline first.

General information, not legal advice. Rules change, so confirm with the agency, park, cemetery or owner before you scatter.

How the rules work in the United States

No single law covers every place you might scatter ashes. The rule depends on who owns or manages the spot. Two federal rules are clear, and everything else comes down to the owner or manager.

The ocean. The EPA's general permit allows cremated remains to be scattered in ocean waters of any depth if you are at least 3 nautical miles from land. You don't apply in advance, but you must report within 30 days. Containers can't contain plastic or float, and only flowers and wreaths that break down in seawater are allowed.
National parks. The National Park Service regulation (36 CFR 2.62) prohibits scattering human ashes except under a permit, or in areas the superintendent has designated and with the park's conditions.
Everywhere else. Lakes, rivers, state and local parks, other federal land, private land and cemeteries are governed by the state, the agency, the owner or the cemetery. The EPA says inland waters are not covered by its ocean rule and points you to your state.

The list above is general. Counties, cities and individual parks can add their own requirements, which is why the checker above tells you who to ask rather than giving a final yes or no.

Scattering rules by location at a glance

Location	Can you scatter there?	What you need	Who decides
The ocean	Yes, 3 or more nautical miles from land	No advance permit; report to the EPA within 30 days	U.S. Environmental Protection Agency (federal ocean rule)
A lake, river or bay	Depends on the state	Ask the state agency and the land manager	Your state environmental or health agency, plus any park or land manager
A national park	Only with a permit or in a designated area	Permit or conditions from that park	The park superintendent (36 CFR 2.62)
National forest, BLM or other federal land	Set by the local managing office	Ask the district or field office	The managing agency's local office
A state, county or city park	Depends on the park	Ask the parks department	The state or local parks department
Land you own	Usually yours to decide; check local rules	Check county or city rules, deed and HOA terms	You, within state and local rules and any deed or HOA restrictions
Someone else's land	Only with the owner's permission	Owner's consent, ideally written	The landowner, within state and local rules
A cemetery	Yes, where the cemetery offers it	Ask the cemetery for its policy and fees	The individual cemetery

This table is a starting point, not legal advice. Rules change, and a specific park, cemetery or landowner may be stricter than the general position shown here.

Steps to take before you scatter ashes

Decide on the place, and a backup, since permission can take time or be refused.
Work out who manages it: a federal agency, a state or local parks department, a private owner or a cemetery.
Contact them and ask whether scattering is allowed, whether a permit or written permission is needed, and any conditions.
Get the answer in writing and keep it with the ashes' paperwork.
If you're scattering at sea, arrange a boat that can reach at least 3 nautical miles from land, and plan the EPA report.
Agree with family who will be there, and who keeps any ashes you don't scatter.

If you're still deciding what to do with the ashes, see our guides on what to do with ashes and burial at sea. To compare the cost of cremation with burial, use the cremation vs burial calculator.

Frequently asked questions

Is it legal to scatter ashes in the United States?

Usually, yes, but where you scatter decides the rules. The ocean is covered by an EPA rule, national parks need a permit or a designated area, and most other places are set by the state, the land manager or the owner. Ask the one who controls the spot before you go.

Can you scatter ashes in the ocean?

Yes, at least 3 nautical miles from land. The EPA's general permit covers it, so you don't apply in advance, but you must report the burial to the EPA within 30 days. Containers can't contain plastic or float, and only flowers and wreaths that break down in seawater may be used.

Do you need a permit to scatter ashes in a national park?

In most cases, yes. Under 36 CFR 2.62, scattering human ashes in a National Park Service area is prohibited except with a permit or in an area the superintendent has designated, following the park's conditions. Contact the park before you travel.

Can you scatter ashes in a lake or river?

It depends on the state. The EPA's ocean rule doesn't apply to lakes, rivers or bays, and the agency says to contact your state environmental or health agency. If the water is inside a park or forest, that manager's rules may also apply.

Can you scatter ashes on private property?

On land you own, it is usually your decision, but check county or city rules and any deed, lease or HOA terms. On someone else's land you need the owner's permission, and getting it in writing is wise.

Can you fly with cremated remains?

Yes, but check your airline. The TSA allows cremated remains in carry-on and checked bags, though some airlines don't allow them in checked bags. TSA officers won't open the container, and one that looks opaque on the X-ray may not be allowed through, so a lightweight wood or plastic container is easier to screen.

Sources we checked

1.Burial at Sea · U.S. Environmental Protection Agency
2.36 CFR 2.62: Memorialization · Legal Information Institute, Cornell Law School
3.Cremated Remains · Transportation Security Administration
4.National Park Service · National Park Service

Please note: General information, not legal, financial or medical advice. Check the details with the relevant agency or a qualified professional. Rules and prices change, so confirm anything important with the organization concerned. If you spot something out of date, tell us.

Guides that go with this tool

MemorialsCremation Memorials: Options for Ashes and How to ChooseYour options for memorializing cremated remains, from niches and scattering to keepsakes and living tributes, with the rules on scattering, travel and faith. 6 min read Green optionsCremated Remains After Body Donation: How Long It TakesDo families get ashes back after whole-body donation? Timelines from a few weeks to years, what it costs, how remains are shipped and what to ask first. 5 min read Faith & cultureHindu Cremation in India: Rituals, Ghats and What Families Need to DoHow a Hindu cremation works in India: the rites from mukhagni to asthi visarjan, wood pyre vs electric crematorium, and the paperwork families must file. 5 min read BurialBurial at Sea: EPA Rules, Full-Body and Ashes, and How to Plan ItHow burial at sea works in the US: the EPA's 3-nautical-mile and 600-foot rules, casket preparation, the 30-day report, Navy options and what is not allowed. 6 min read

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