This information is shared to be helpful and supportive, not as legal advice. Laws can vary by location and change over time, so we encourage families to check local regulations or seek professional guidance when in doubt.

When deciding how to honor your baby’s ashes, many parents quietly wonder whether scattering them is allowed. In most cases, families are not scrutinized or targeted, but certain locations do have rules that could technically create issues if those rules are ignored. Understanding the general guidelines ahead of time can help you make choices that feel meaningful and peaceful, without the added burden of legal worry during an already painful season.

Federal Law: Spreading Ashes at Sea

Federal law primarily applies to scattering ashes at sea (the EPA regulates sea burials under the Marine Protection, Research, and Sanctuaries Act).

The basic rules are:

• Ashes must be scattered at least three nautical miles from shore
• Water depth does not matter
• Only biodegradable materials may be placed in the water (including urns, wreaths, or flowers)
• Plastic, metal, or synthetic items are prohibited
• The EPA must be notified within 30 days of scattering (no permit or fee required)

These rules apply only to human remains. The EPA does not allow scattering of non-human remains at sea.

State Laws on Scattering Ashes

Most states do not have specific laws restricting the scattering of cremated remains. In general:

• Private property: Permission from the owner is required
• Public land: Approval may be required at the state, county, or local level
• National parks: Often allow scattering with prior permission or a simple permit
• Designated scattering areas (such as cemetery scattering gardens) are always permitted

Even where no state law exists, local ordinances may still apply. When in doubt, checking with local authorities or land managers is recommended. Scroll down to see each states' specific rules.

Places Where Scattering Is Generally Not Allowed

• Private property without permission
• Public land or parks without required approval
• Locations where local ordinances prohibit scattering

Places Where Scattering Is Generally Allowed

• Your own private property
• Private property with owner permission
• Approved public lands or waterways
• Cemetery scattering gardens
• At sea, when federal rules are followed

Practical Takeaway

In most cases, scattering ashes is legal and permitted with common-sense precautions:

• Get permission when required
• Follow federal rules for sea scattering
• Check local regulations for public land
• Be respectful and discreet

When handled thoughtfully, families can memorialize their loved ones without legal complications.

Laws By State

Alabama There is no state law regulating the scattering of ashes.

Alaska Alaska has no state laws regarding the scattering of ashes.

Arizona There are no state laws controlling where you can or can’t scatter ashes.

Arkansas State laws stipulate that you must have written permission from the property owner if scattering on private land.

California California has a few laws about scattering, including that ashes must not be distinguishable to the public once scattered. Local regulations regarding scattering must be followed.

Colorado Ash scattering in Colorado is allowed if you have permission from the private or public land you’re using.

Connecticut Connecticut, like many states, doesn’t have any laws restricting where you can scatter ashes.

Delaware State law says cremation ash may be disposed of however the receiver desires.

Florida Florida has no laws about where an individual can scatter ashes.

Georgia There are very few state laws about cremation here, but check where you’re scattering with local authorities.

Hawaii Hawaii doesn’t have any laws on the books regarding ash scattering.

Idaho There are no state laws controlling where you can or can’t scatter ashes.

Illinois State law allows ash scattering on private lands with permission and in designated scattering areas.

Indiana State law in Indiana allows for scattering on private lands with permission, on uninhabited public land, or a waterway. State code requires that you file documents with the local county recorder ten days before scattering.

Iowa In Iowa, ash scattering must adhere to applicable local rules, and you must have the property owner’s permission to scatter on any public or private land.

Kansas Kansas has no laws about where an individual can scatter ashes.

Kentucky Ash scattering is permitted in Kentucky on private land, with permission of the property owner, or in a legally defined scattering area.

Louisiana There aren’t any laws in Louisiana restricting the scattering of ashes.

Maine In Maine, you can scatter ashes on private property with permission. Approval is needed for scattering on public lands.

Maryland Maryland, like many states, doesn’t have any laws restricting where you can scatter ashes.

Massachusetts With permission, Ash scattering is permitted on private property and public land like national parks.

Michigan Michigan has no state laws controlling where you can or can’t spread someone’s ashes.

Minnesota It’s legal to scatter ashes in Minnesota on public property, including lakes.

Mississippi Mississippi has no laws about where an individual can scatter ashes.

Missouri Missouri has no laws or rules about scattering your loved one’s ashes.

Montana In Montana, you can legally scatter your loved one’s ashes; they don’t have any rules or prohibitions.

Nebraska Virginia has no state laws controlling where you can or can’t spread someone’s ashes.

Nevada The state of Nevada has no legal restrictions around scattering cremation ashes.

New Hampshire There aren’t any laws in New Hampshire restricting the scattering of ashes.

New Jersey Ashes can be scattered in New Jersey on private property, with permission if it’s not your own. They can also be scattered on public property, including lakes and rivers, with approval from the state, county, or local government.

New Mexico This state doesn’t have any laws restricting the scattering of ashes.

New York New York has no state laws controlling where you can or can’t spread someone’s ashes.

North Carolina Ashes can be legally scattered in North Carolina on your property, on other private property with permission, and uninhabited land.

North Dakota North Dakota, like many states, doesn’t have any laws restricting where you can scatter ashes.

Ohio Ohio doesn’t have any laws governing the scattering of ashes.

Oklahoma There aren’t any laws in Oklahoma restricting the scattering of ashes.

Oregon There are no state laws around storing or scattering ashes.

Pennsylvania Pennsylvania doesn’t have any laws governing the scattering of ashes.

Rhode Island This state doesn’t have any laws restricting the scattering of ashes.

South Carolina South Carolina, like many states, doesn’t have any laws restricting where you can scatter ashes.

South Dakota There aren’t any laws in South Dakota restricting the scattering of ashes.

Tennessee Tennessee has no laws about where an individual can scatter ashes.

Texas In Texas, you can scatter ashes on uninhabited public land, over a public waterway, or on private property with consent from the property owner.

Utah Utah has no laws or rules about scattering your loved one’s ashes.

Vermont In Vermont, you can legally scatter your loved one’s ashes; they don’t have any rules or prohibitions.

Virginia Virginia has no state laws controlling where you can or can’t spread someone’s ashes.

Washington Washington supports the scattering of ashes on any navigable waterway or land as long as you have the landowner’s permission.

West Virginia This state has no laws or regulations guiding the scattering of ashes.

Wisconsin The state of Wisconsin has no legal restrictions around scattering cremation ashes.

Wyoming There are no state laws around storing or scattering ashes.