If you only have a moment
You can usually scatter ashes on land you own, on someone else's land with their permission, and at sea at least three nautical miles out, as long as you let the EPA know within 30 days. National parks need a permit or a set spot, and many places, Disney parks included, simply say no. No two states match, so follow the state where you'll scatter, not the state where your person died. Find your state.
People ask where they're allowed to scatter ashes more than almost anything else, and most of the answers out there come from companies selling urns. You deserve better than a sales page right now.
We didn't scatter Jim's ashes. Jim wanted to be cremated, he told me, but not kept in an urn. He wanted to be buried, and he rests at Riverside National Cemetery. My family helped me work out everything else, the VA included.
So I've never stood at the water's edge with a box of ashes in my hands. But I do know how it feels to carry out someone's wishes and want every piece of it done right. Below are the real rules, federal and for your state, along with the gentler parts no rulebook covers: who comes, the words for the moment, and keeping some back if you're not ready to let all of them go.
Jump to: The one rule · Land · Parks and public land · Sea, lakes and rivers · From the air · Disney and dream spots · The next person · Veterans · Faith · Keeping some · Children · Traveling · When family disagrees · Find your state · Common questions
The One Rule That Matters Most
Here's the part that trips people up. The rules that count are the rules of the place where you scatter, not the place where your person died or was cremated.
If your mom died in California and you're taking her home to Georgia, it's Georgia's rules you follow at the lake. California's own scattering law even says filings go to the county "nearest the point where the remains were scattered." Georgia's and South Dakota's laws work the same way.
One small wrinkle: the paperwork from the state where the cremation happened can still ask where the ashes are going. California's permit does, and in South Dakota the crematory can't hand over ashes meant for scattering until the scattering statement is filed. So tell the funeral home your plans early, even if they're still loose.
On Land: Yours, a Friend's, or a Family Place
Your own land. This is the simplest place of all. Oregon's mortuary board puts it plainly: if you own the property or have the owner's permission, you may scatter. Check your city or county too, since a few have their own rules.
Someone else's land. Ask first, and get the yes in writing. Some states require it in writing (California, Texas and Nevada among them), and even where it isn't required, a short note or text from the owner protects everyone. In Indiana, scattering on someone's property comes with a form that gets recorded with the county within 10 days, so ask the funeral home for it.
If you're thinking of selling the old homeplace one day, know that the ashes stay with the land. If you'd like a place you can always come back to, a family plot, a cemetery scattering garden, or keeping a small portion with you may sit easier later.
Cemetery scattering gardens. Many cemeteries set aside a garden just for this, and some national cemeteries for veterans have one too. It's a place that will be cared for, and somewhere to go on the hard days.
Parks, Forests and Other Public Land
Public land belongs to everyone, so it comes with the most rules. The good news: most of them come down to asking first.
National parks. Federal rules ban scattering in national parks except with a permit or in an area the park has set aside. Each park sets its own terms, so look up the park's page before you go. A few examples, to give you a feel for it:
- Rocky Mountain National Park: free permit, at least 200 feet from any lake or stream, scatter downwind, no markers.
- Joshua Tree: a $120 permit, apply at least two weeks ahead, a two-hour window, and nothing left behind.
- Canyonlands: a $185 application fee, land only, and only at certain overlooks.
National forests. This varies from forest to forest, and some say no. The Bighorn National Forest in Wyoming says scattering ashes is "not authorized," and the Black Hills National Forest bans it outright. Call the ranger district for the forest you have in mind.
Bureau of Land Management land. BLM has treated a family's private, non-commercial scattering as "casual use," following state law, and decides case by case. Call the local BLM field office before you go.
State and city parks. Each state, county and city decides for itself. New York tells families that scattering on public land "may be prohibited or may be allowed only by written permit." Washington asks you to get a yes from the Department of Natural Resources region manager for state trust land. A quick call to the park office is the surest way to know.
At Sea, and on Lakes and Rivers
The ocean. Federal law lets you scatter ashes at sea at least three nautical miles offshore. There's no permit to apply for and no fee. Within 30 days afterward, report it to the EPA using its online Burial at Sea Reporting Tool; no death certificate is needed.
Flowers and wreaths that break down naturally can go with the ashes. Plastic flowers, synthetic wreaths and anything that floats can't. If wind makes scattering on the surface hard, a container can go too, as long as it has no plastic and sinks. One thing families don't expect: a pet's ashes can't go into the sea with your person's under this rule.
Some states add their own steps for the sea. Georgia asks you to file a statement with the county registrar and scatter within 50 days of the cremation. California asks you to file a statement and a copy of the permit with the registrar within 10 days. Your state's box below spells it out.
Lakes, rivers and bays. The federal sea rule doesn't cover inland water, and the EPA says some states prohibit it. California allows its inland navigable waters (not lakes or streams) at least 500 yards from shore, but never from a bridge or pier. Washington allows public navigable waters under state control, including Puget Sound. Maryland says no to the Chesapeake Bay and its rivers. If you're not sure, ask your state's environmental or health agency.
From the Air
Scattering from a small plane is allowed under federal aviation rules, as long as the pilot takes reasonable care that nothing dropped can hurt people or property. If you go this way, ask the pilot how they'll keep the ashes from blowing back into the plane or onto anyone below.
Disney, Ballparks and the Places People Dream Of
I understand the pull. Some of the happiest days of a life happen at Disneyland, a home ballpark, a favorite golf course. Of course you want them there.
But Disney says no, and it means it. Disneyland told a reporter in 2024 that scattering ashes is "strictly prohibited and unlawful," and guests who try are removed from the park. When ashes turn up, rides are shut down and the crews vacuum up every bit. The same report notes the Wall Street Journal found in 2018 that it was happening about once a month. That isn't the ending anyone wants for the person they love.
And let's be frank. Parents don't want little Bobby, taking his first wobbly steps, toddling right where somebody just let Uncle Phil go. The same goes for ballparks, theme parks, golf courses and other private places. The owner decides, and most say no.
What you can do instead. Go anyway, and bring them along in your own way: wear their favorite shirt, take their photo on the ride, raise a churro in their honor, say their name at their favorite spot. Keep a small keepsake of their ashes at home or in a pendant (more on that below), and scatter the rest somewhere that says yes. And if a place matters to you, it never hurts to call and ask. Some private places will say yes, in writing, for a quiet moment off to the side.
Thinking of the Next Person Who Sits There
This is the part no law spells out, and it matters. Wherever you scatter, someone else will come along after you: to that bench, that picnic spot, that patch of sand where children dig. Honestly, I wouldn't want to sit down on a blanket where someone just scattered their late aunt because it was her favorite spot. Most people wouldn't.
A few simple kindnesses:
- Choose a spot a little off the path, away from benches, picnic tables, playgrounds, trailheads and parking lots.
- Stay well back from water people swim in or drink from. Rocky Mountain National Park asks for at least 200 feet, about 70 adult steps.
- Scatter downwind, low to the ground, so the ashes go where you mean them to and not back onto you or anyone nearby.
- Spread them out, don't leave a pile. Several parks require ashes to be fully scattered, not mounded or buried.
- Leave nothing behind. National parks don't allow markers, photos, urns or plaques, and a stranger finding them can be upsetting.
- Go early. Rocky Mountain National Park suggests mornings, when it's quieter, for your family and for everyone else.
It helps to know what you'll be holding. Ashes aren't soft like fireplace ash. The Cremation Association of North America describes them as white to gray granules made from bone, and an adult's usually weigh between four and six pounds. They're heavier and coarser than most people expect, which is one more reason to let them down gently and close to the ground.
For Veterans and Their Families
Burial at sea by the Navy. The Navy will scatter the ashes of eligible veterans, service members, retirees and their dependents at sea. Families can't be on board, but the ship's commanding officer sends you the date, time and exact spot afterward. It can take 12 to 18 months. Call the Navy's burial at sea line at 1-833-330-6622 or the port nearest you to start.
A marker for a veteran whose ashes were scattered. VA offers a memorial headstone or marker when a veteran's ashes were scattered, so there can still be a place with their name on it. Family members can apply with VA Form 40-1330.
Scattering gardens. Some national cemeteries have a scattering garden, so a veteran can rest among other veterans even without a grave. Ask the national cemetery near you. If honors will come later than the death, Military Honors When the Burial Is Later walks through it.
When Your Faith Has Something to Say
Faiths see this very differently, and it's worth a call to your priest, rabbi, pastor, imam or temple before the day.
Catholic families. The Church asks that ashes be kept in a sacred place, such as a cemetery, rather than scattered. In 2023 the Vatican added that a family may ask the bishop about keeping a small portion in a place that meant a great deal to the person, as long as the rest is kept in a sacred place.
Jewish families. Jewish tradition has long favored burial. Reform rabbis have discouraged scattering, partly because a grave gives mourners a place to go, though a rabbi may still lead a service when ashes aren't buried.
Hindu families. Some families send the ashes to India to be placed in a holy river, and there are services in cities like Varanasi and Haridwar that do this for families who can't travel. A temple in your area can walk you through the paperwork.
No faith at all. That's fine too. You can make it as simple or as meaningful as you like. A few words, a song they loved, a moment of quiet.
Keeping Some of Them Close
Some people scatter everything at once. Others keep a little back: a small keepsake urn, a pendant, a portion for each child, some for the lake and some for the garden. There's no wrong way.
If you're dividing them, make sure whoever has the legal say agrees. Florida's law, for one, says ashes can be divided only with that person's consent, and a court settles it if family can't agree.
Bringing Children
Children often do better with a small job than with being left home. Children's Minnesota suggests telling them only what they're ready to understand, steering clear of scary words like "fire" and "burn" with little ones, and letting older children help decide where the ashes go. A child might carry the flowers, choose the song, or toss a handful of petals after.
Family who can't be there. Someone can hold up a phone for a video call, so a grandparent across the country or a son overseas can say goodbye too. If walking is hard, choose a spot you can reach, or let someone you trust carry the ashes the last few steps while you watch. Being there is what counts.
Traveling With Ashes
Flying. TSA recommends carrying ashes on board rather than in a checked bag. The container has to go through the X-ray, and officers won't open it, even if you ask. If they can't see inside, it won't be allowed through, so ask the funeral home for a plastic or wooden temporary container. Check with your airline too; some don't allow ashes in checked bags.
Mailing. In the U.S., ashes can only be mailed by Priority Mail Express, and the Postal Service offers free packaging for it.
When the Family Doesn't Agree
Grief doesn't always make people gentle with each other. One sister wants the beach, another wants the cemetery, and a brother wants them kept home. The law decides whose say counts: usually whoever your person named in writing, and if no one was named, a spouse, then adult children, and so on. Our state-by-state guide, Who Has the Right to Make Funeral Decisions?, walks through it. Sometimes splitting the ashes lets everyone have a piece of the goodbye.
Find the Rules for Your State
Pick the state where you'll scatter, not the state where your person died. You'll find all 50 states, plus D.C., Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands and American Samoa. If your state has no special law, the usual rules still apply: your own land is fine, other private land needs the owner's yes, public land needs the managing agency's yes, and the federal rules above cover the sea and national parks.
Alabama
We didn't find an Alabama law that says where families can scatter ashes. The law says the person who arranged the cremation is responsible for the ashes and asks them to tell the funeral home where the ashes are going, if they know. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: Ala. Code 34-13-122.
Alaska
Alaska has no laws on where you may keep or scatter ashes, according to the Alaska Native Tribal Health Consortium's guide for families. Get the landowner's permission on private land, check local rules for public land, and on federal land stay well away from trails, roads, water and buildings. If scattering from a plane, take the ashes out of the container first. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: ANTHC Bereavement FAQ.
Arizona
Arizona's health department says ashes may be scattered over private land with the owner's permission, and over public property, where a permit may be required. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: ADHS Funeral Services Consumer Guide.
Arkansas
You may scatter on private land with the owner's consent, and the owner's yes must be in writing and given to the funeral home or crematory. The ashes must be ground fine (1/8 inch or less, which crematories normally do) and taken out of their closed container first. A boat or plane is fine. Public land needs a yes from whoever manages it. Source: 17 CAR 30-209.
California
On land: only where no local rule forbids it, where the ashes can't be seen by the public, out of their container, and with the written permission of the owner or the agency that manages the land. On water: at sea or in inland navigable waters (not lakes or streams) at least 500 yards from shore, never from a bridge or pier. For a water scattering, file a statement and a copy of the permit with the county registrar nearest the spot within 10 days. Source: Health and Safety Code 7116, 7117.
Colorado
Colorado's funeral regulators say the state has no laws on scattering: ashes may be scattered as the family wishes, except where a local rule limits it. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: DORA Mortuary Science FAQ.
Connecticut
We didn't find a Connecticut law that says where families can scatter ashes. The cremation permit simply records where the ashes are meant to go. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: C.G.S. 19a-323.
Delaware
We didn't find a Delaware law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: Board of Funeral Services.
District of Columbia
D.C.'s burial law says it doesn't interfere with how cremated ashes are disposed of, and we found no D.C. rule on where to scatter. Much of the city's green space is national parkland, which needs a National Park Service permit; for city parks, ask the Department of Parks and Recreation. Source: D.C. Code 43-128.
Florida
We didn't find a Florida law that says where families can scatter ashes. Florida's law does say ashes can be divided only if whoever has the legal say consents, and a court settles it if family can't agree. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: Fla. Stat. 497.607.
Georgia
At sea: by boat or plane at least three miles from shore, out of the container, within 50 days of the cremation, with a statement filed with the local registrar of the county nearest the spot. On land, Georgia has no special rule. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: O.C.G.A. 31-21-4.
Hawaii
We didn't find a Hawaii law that says where families can scatter ashes. State parks treat gatherings as permit activities, so ask the park's district office first. On Maunakea, the University of Hawaii allows quiet scattering at least 100 yards from trails, roads, water and historic sites, with no memorials left behind. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: DLNR; UH CR-8.
Idaho
We didn't find an Idaho law that says where families can scatter ashes. In Idaho state parks, you may scatter ashes on the land, but only at a spot the park manager approves ahead of time, and never in the water. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: IDAPA 26.01.20.577.
Illinois
You may scatter in a cemetery scattering area, or in any manner on private property with the owner's consent. State parks and other public land need the managing agency's permission; Illinois's Department of Natural Resources has a scattering permit. Source: 410 ILCS 18/40.
Indiana
Ashes ground to 1/8 inch or less may go on the property of a consenting owner, on uninhabited public land, or in a waterway. On someone's property, a state form signed by the owner and the person in charge is recorded with the county recorder within 10 days. Ask the funeral home for the form. Source: IC 23-14-31-44.
Read the law (open Title 23, then Article 14, Chapter 31, section 44)
Iowa
Iowa's rule is clear: no scattering on public property, or on private property without the owner's consent. Local ordinances and cemetery rules apply too. Source: Iowa Admin. Code 641-97.13(3).
Kansas
We didn't find a Kansas law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Kansas state parks and federal land set their own rules, so call ahead. Source: Kansas Board of Mortuary Arts.
Kentucky
Ashes may go in a grave, crypt or niche, in a cemetery scattering area, or in any manner on the private property of a consenting owner. The law doesn't list public land, so ask the agency that manages it first. Source: KRS 367.97524.
Louisiana
The ashes must be taken out of their closed container before scattering, and scattered according to state law. You can't mix them with someone else's ashes without a written OK from whoever controls the decision. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: La. R.S. 37:880.
Maine
Maine's law lets ashes be placed in a columbarium or mausoleum, scattered in a cemetery area, buried, or disposed of "in any manner not contrary to law." We found no rule on where families can scatter. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: 13 M.R.S. 1032.
Maryland
Maryland is stricter than most. Its mortician board and Department of Natural Resources say it is not legal to spread ashes in the Chesapeake Bay, rivers or on public land. On land, ashes go on your own private property or that of someone who agrees. At sea, the federal three-mile rule applies. Source: Board of Morticians notice; DNR.
Massachusetts
Massachusetts law lets ashes be placed in a columbarium or mausoleum, buried, or disposed of "in any manner not contrary to law." We found no rule on where families can scatter. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. State parks use a special use permit. Source: M.G.L. c.114 s.43M.
Michigan
We didn't find a Michigan law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. The federal sea rule doesn't cover the Great Lakes, so ask the state before scattering there. Source: LARA Mortuary Science.
Minnesota
We didn't find a Minnesota law that says where families can scatter ashes. Minnesota does say you can't mix ashes with another person's without a written OK from whoever has the legal say. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: Minn. Stat. 149A.95.
Mississippi
We didn't find a Mississippi law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. In the Gulf, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: State Board of Funeral Service.
Missouri
We didn't find a Missouri law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: State Board of Embalmers and Funeral Directors.
Montana
We didn't find a Montana law that says where families can scatter ashes. Montana does say you can't scatter ashes in a way that mixes them with someone else's without written consent, except from individual containers over public waterways, by air, or in a cemetery scattering area. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: MCA 37-19-706.
Nebraska
We didn't find a Nebraska law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Nebraska's health department licenses funeral homes and can answer questions. Source: DHHS Licensure.
Nevada
You may scatter at sea or over a public waterway, by air from individual closed containers, in a cemetery scattering area, or on private property with the owner's written consent. Ashes are ground to 1/8 inch or less, and can't be mixed with another person's. Source: NRS 451.700.
New Hampshire
We didn't find a New Hampshire law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. State parks use a special use permit. Source: NH State Parks.
New Jersey
We didn't find a New Jersey law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: State Board of Mortuary Science.
New Mexico
We didn't find a New Mexico law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. State parks may need a special use permit, so ask the park manager ahead of time. Source: NM State Parks.
New York
New York's Department of State says ashes may be scattered at sea or on private grounds with the landowner's permission. On public land, scattering may be prohibited or allowed only with a written permit, so check first. Some cemeteries have scattering areas. Source: NY DOS Crematory FAQ.
North Carolina
Ashes may go in a cemetery scattering garden, on uninhabited public land, in a public waterway or the sea (following health and environmental rules), or on private property with the owner's consent. Take them out of the container first. A boat or plane is fine. Don't mix them with someone else's without written permission. Source: G.S. 90-210.130.
North Dakota
We didn't find a North Dakota law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. State parks have their own use rules, so call Parks and Recreation first. Source: ND Parks and Recreation.
Ohio
We didn't find an Ohio law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. For a state park, call the park office before you go. Source: Ohio Board of Embalmers and Funeral Directors.
Oklahoma
Oklahoma's funeral board says ashes may be scattered on private land with the owner's consent, kept at home, or placed in a cemetery. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: OK Funeral Board FAQ.
Oregon
Oregon's mortuary board says you may scatter on property you own or with the owner's permission. Many state and federal lands don't allow it, so check first. Charging others to scatter on your land needs a license. Source: OMCB fact sheet.
Pennsylvania
We didn't find a Pennsylvania law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. For a state park or forest, call the park office before you go. Source: State Board of Funeral Directors.
Rhode Island
We didn't find a Rhode Island law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: RI Department of Health.
South Carolina
Ashes may go in a cemetery scattering area, or in any manner on the private property of a consenting owner. On public land or water, all state and federal laws apply, so ask the managing agency first. Source: S.C. Code 32-8-345.
South Dakota
You may scatter over a public waterway or the sea, or on private property with the owner's consent. Ashes are ground to 1/8 inch or less and taken out of the container. File a statement with the registrar of the county nearest the spot; the crematory can't release ashes for scattering until it's filed. Source: SDCL 34-26A-27.
Tennessee
We didn't find a Tennessee law that says where families can scatter ashes. Tennessee's law covers what crematories may do (scatter at sea, by air, or in a cemetery scattering area). The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: Tenn. Code 62-5-508.
Texas
You may scatter over uninhabited public land, a public waterway or the sea, or on private property with the owner's written consent. Take the ashes out of the container first unless it's biodegradable. The person who arranged the cremation gives the crematory a signed statement of where the ashes went. Source: Health and Safety Code 716.
Utah
You may scatter over uninhabited public land, the sea or other public waterways (following health and environmental rules), or on private property with the owner's written consent. Ashes are ground to 1/8 inch or less and taken out of the container. The funeral home can't release ashes for scattering until a filing is made with the local registrar. Source: Utah Code 58-9-611.
Vermont
We didn't find a Vermont law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Some uses of state land need a Special Land Use permit. Source: VT ANR.
Virginia
We didn't find a Virginia law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. For a state park, call the park office before you go. Source: Board of Funeral Directors and Embalmers.
Washington
Families with the right to decide don't need a state permit to scatter. Washington allows scattering on private land with the owner's permission, in public navigable waters including Puget Sound, in the Pacific under the federal sea rule (report to the EPA within 30 days), in national parks with the chief ranger's permission, and on state trust land with the DNR region manager's permission. Source: RCW 68.05.195; DOL FAQ.
West Virginia
We didn't find a West Virginia law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. State parks ban littering and dumping, so scatter fully and leave nothing behind, and check with the park superintendent first. Source: WV DNR.
Wisconsin
Wisconsin lets ashes be placed in a grave, niche or crypt, or disposed of in any other lawful way once they're ground to 1/8 inch or less. We found no rule on where families can scatter. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: Wis. Stat. 440.80.
Wyoming
We didn't find a Wyoming law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. For a state park, call the park office before you go. Source: Wyoming State Parks.
Puerto Rico
We didn't find a Puerto Rico law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: EPA burial at sea.
Guam
We didn't find a Guam law on scattering on land. For sea scattering, Guam EPA asks for its Burial at Sea Request along with the death certificate and cremation certificate. Scatter at least three nautical miles out, and file the EPA report within 30 days. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. Source: Guam EPA.
U.S. Virgin Islands
We didn't find a Virgin Islands law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: EPA burial at sea.
American Samoa
We didn't find an American Samoa law that says where families can scatter ashes. Family land is often under the care of the family's matai, so ask first. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: EPA burial at sea.
Northern Mariana Islands
We didn't find a Northern Mariana Islands law that says where families can scatter ashes. The usual rules apply: your own land is fine, someone else's land needs the owner's yes, and public land needs a yes from whoever manages it. At sea, the federal rule applies: at least three nautical miles out, and let the EPA know within 30 days. Source: EPA burial at sea.
I'm not a lawyer, and this isn't legal advice. Laws change, and every place is different. Use this as a starting point, check the official link for your state, and ask the landowner, park or agency before you scatter.
What Can Wait
You don't have to scatter right away. Indiana's law says plainly that the person in charge may keep the ashes, and Oklahoma's funeral board lists keeping them at home as one of the choices. Weeks, a season, a year: some families wait for a birthday, for warm weather, or for everyone to be able to come.
Most deadlines start the day you scatter, like the EPA's 30 days after a sea scattering. One exception to know: Georgia asks for a sea scattering within 50 days of the cremation.
Common Questions
Is it legal to scatter ashes anywhere?
No. Your own land is usually fine, and another owner's land needs their yes. Public places like parks need permission, and some places, Disney among them, never allow it.
Do I need a permit to scatter ashes at sea?
No permit and no fee under the federal rule. Go 3 or more nautical miles from shore, then file the EPA's online report within 30 days.
Can I scatter ashes in a lake or river?
Federal law only covers the ocean, so inland water depends on your state. A few states allow it with limits, and Maryland bans it in the Bay and its rivers. Check with the state before you go.
Can I scatter ashes in a national park?
Only with a permit or in a spot the park sets aside. Each park has its own terms and fees, so read its page first.
Which state's rules apply if they died somewhere else?
The rules where you scatter. Cremation papers may still ask your plans, so let the funeral home know early.
How much do ashes weigh?
An adult's usually weigh four to six pounds. They feel like coarse sand more than soft dust.
Can I keep part of the ashes and scatter the rest?
Yes. Many families keep a little in a keepsake urn or pendant. Before dividing them, make sure the person with the say agrees.
If family and friends will gather, a small keepsake helps: a simple program with their photo, a poem and the words you'll say, for each person to take home. Our Canva funeral program templates can be changed to fit a scattering, and Words for a Scattering (below) fits right inside.
When the Day Comes
However you do it, and wherever they end up, the point was never the exact spot. It was love, carried out as carefully as you could manage. If your hands shake, if the wind turns, if you laugh in the middle of it because they would have, that's all right. You did right by them.
Free Printables for the Day
Before We Scatter (2 pages). For: families planning a scattering. Inside: the spot and who manages it, a permission checklist, paperwork before and after (including the EPA report for a sea scattering), who's coming and who'll join by phone, keeping some back, what to bring, and a short list for being kind to the next person who sits there. En español
Words for a Scattering (1 page). For: any family, with faith or without. Inside: simple words to gather everyone, remember them, let them go and close, plus space for your own words.
More Help
- Who Has the Right to Make Funeral Decisions? A State-by-State Guide
- What to Include in a Celebration of Life
- Military Honors When the Burial Is Later
- Every free printable we offer
Please note: This post is general information, last looked over in November 2026 against federal rules, state laws and state agency pages. It isn't legal or religious advice. I'm not a lawyer. Rules change and differ by state, county, park and faith, so check with the landowner or agency that manages the place you have in mind, and your funeral home or faith leader, before you scatter.
These resources are free, always. If this helped your family and you'd like to say thank you, you can leave a small gift.
With care,
C. Lindorfer, Noted & Charmed