Legal Things to Consider with Crematory Ash Scattering
The rules for scattering ashes can vary depending on where you choose to do it—whether it's at sea, in a national park, or on private land. Understanding these guidelines ensures that the ceremony is both respectful and fully in line with the law, so you can focus on creating a heartfelt, memorable tribute without any concerns.
Cremation Ash Scattering in National Parks
When considering a scattering ceremony in a national park, it's crucial to understand the park’s specific regulations. The National Park Service (NPS) allows the scattering of ashes in many of the country’s national parks, but you often need to apply for a special use permit.
Special Use Permits
A "special use" permit is usually required for any formal ceremony or scattering event in a national park. This permit ensures that you comply with the park’s guidelines for environmental preservation and that your ceremony won’t disrupt park visitors. You can apply for these permits through the NPS website or directly with the park you plan to visit. The process can take a few weeks, so be sure to plan ahead.
At BONAVENTURE, we assist families by securing the necessary permits and ensuring the ceremony complies with all national park regulations. Let us guide you through this process to make your loved one’s final tribute as beautiful and meaningful as possible.
Scattering Ashes at Sea: EPA Regulations
If you’re considering scattering ashes at sea, there are specific environmental guidelines to follow. The U.S. Environmental Protection Agency (EPA) regulates the scattering of ashes in ocean waters under the Clean Water Act. These rules are in place to protect the marine environment and ensure that the scattering is done in an environmentally responsible way.
EPA Rules for Sea Ash Scattering
Distance from Land: Ashes must be scattered at least three nautical miles from land.
Depth of Water: If scattering non-cremated remains, the water must be at least 600 feet deep.
Notification: The EPA requires notification of the scattering within 30 days. This involves submitting a form that provides details about the location and timing of the scattering.
Caskets and Urns: Any containers used for scattering should be biodegradable and should not float. Plastic urns or containers that will not decompose are prohibited.
At BONAVENTURE, we can help manage the entire process of scattering ashes at sea, including ensuring compliance with EPA regulations and submitting the necessary paperwork on your behalf. Our team will make sure the scattering is carried out respectfully, in accordance with the law, and in a way that honors your loved one.
Scattering Ashes on Private Property
Scattering cremated remains on private property is generally allowed, but there are a few things to keep in mind. If you plan to scatter ashes on someone else’s property, it’s important to get permission from the landowner first. This could include a family member’s home, a friend’s property, or even public land that is under private lease or ownership.
No Restrictions on Personal Property
On your own private property, the scattering of ashes typically does not require any special permits or legalities, as long as it doesn’t violate local zoning laws. However, it’s always a good idea to check with your local municipality or county for any specific rules that might apply, particularly if you’re planning to create a memorial garden or marker on the property afterward.
Public Lands and Bodies of Water
Scattering ashes in public places such as parks, lakes, or rivers may also be subject to regulations. Some public lands or water bodies prohibit scattering ashes, while others allow it with restrictions. For example, you may be required to scatter ashes a certain distance away from lakes, rivers, or wildlife habitats to minimize environmental impact.
Check Local Guidelines
To ensure that you are in compliance with all local laws, always consult the local authority or governing body of the land or waterway you’re considering. Whether it's a local park or a state-run nature reserve, it's essential to verify the rules beforehand to avoid potential legal issues.
Personal Considerations When Scattering Ashes
While most scattering ceremonies are straightforward, there are a few other factors you might want to consider:
Witnesses and Documentation: Some families choose to document the scattering with photographs or a written memorial. While this is generally not a legal requirement, it's a good idea to keep a record of the ceremony for your personal remembrance.
Commercial Scattering Services: If you are using a professional service to handle the scattering, ensure they are reputable and experienced with the necessary permits and paperwork.
Federal and State Laws Governing Ash Scattering
While there are no specific federal laws directly regulating the scattering of ashes, state laws play a significant role in determining where and how ashes can be scattered. In many cases, state and local regulations will govern activities like scattering ashes in public spaces or near bodies of water.
State-by-State Regulations
Each state has its own rules regarding the scattering of ashes, but the almost universal rule of thumb is that you need the owner’s permission to scatter on private property– but you should be sure to reference the state and local regulations before scattering.
Let BONAVENTURE support you in creating a respectful and legal cremation scattering ceremony that is both beautiful and compliant with all necessary regulations. Reach out today to learn more about how we can help you plan this significant moment.
