Is It Illegal to Spread Ashes?

O’Riley - Branson Funeral Service & Crematory • February 13, 2023

Discover the legalities of spreading ashes. Get informed on the various laws and regulations about setting ashes free. How to Legally honor your loved ones.

Indianapolis IN cremations

Let’s answer the age-old question - is it illegal to spread ashes? On the surface, this question may seem like a simple one with an obvious answer. After all, it’s common sense that you can’t just go around spreading people’s ashes everywhere after Indianapolis, IN cremations and expect no repercussions, right? 


Well, not necessarily. It turns out that when it comes to spreading ashes, there are actually quite a few laws and regulations that you should know about. Take a closer look at these legal implications. 


The Laws of Spreading Ashes 


The laws surrounding the spreading of ashes vary from state to state and even from county to county. Generally speaking, however, most states allow for the scattering of cremated remains on both public and private land. Well, as long as you do it in a respectful manner without causing any environmental damage. 


That said, many counties and municipal governments have their own set of regulations regarding the matter. So, be sure to check with your local authorities before proceeding with any plans for spreading ashes. 


Consider Federal Laws 


In addition to municipal regulations, there are also various federal laws that you should be aware of if you plan on scattering someone’s remains. The Environmental Protection Agency (EPA) has established very stringent guidelines for the disposal of human remains. They do so to protect the environment from contamination and pollution. If you are planning on scattering ashes on public lands then it is best to contact your local representatives. 


Permission from the Deceased’s Family 


Another important consideration is whether or not you need written permission from the deceased person’s family or next of kin before you can proceed with your plans. Most states require written authorization from either family members or close friends before granting permission. So, again, it is important to check your local laws before taking any action. 


Consider Seeking Permission from Private Landowners 


Even if there are no laws restricting the scattering of cremated remains on private property, seek permission from the landowner before doing so. No one wants their property disturbed without their knowledge. 


Respect Wildlife and Ecosystems 


Scattering cremated remains can have an impact on nearby wildlife and ecosystems. Be sure to only spread small amounts of ashes at a time in order to avoid any damage or disruption caused by larger quantities. 


Don’t Scatter at Sea Without Proper Permits 


If you plan on scattering your loved one's cremated remains near or at sea, you will need special permits from both federal and state agencies. This process can take up to several months. So, be sure to plan ahead if this option is something you want for your loved one's final resting place. 


So, Is It Illegal to Spread Ashes? 


The answer largely depends on where exactly you plan on doing so after Indianapolis, IN cremations. And what type of permissions law the law requires to do so legally and safely. Make sure that you consult with local authorities prior to scattering anyone’s remains. Always get written authorization from family members or next-of-kin beforehand if necessary. This way, everyone involved can rest assured knowing that their loved ones will receive the honor in a respectful manner without running afoul of any applicable laws or regulations.


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