If someone in the family has the ashes and wants another resting place for them, see if they are willing to share some of the ashes with you for symbolic scattering/burial or for you to capture them in a souvenir. There is no law against the splitting of ashes. You are free to scatter ashes anywhere on your own private property, but if someone else owns the land, you must first ask permission. Written or oral permission is acceptable, but it may be a good idea to have a recording of the agreement. If the owner says no, look for another location. Don`t try to spread the ashes secretly anyway. While there may not be specific laws on ash cremation that directly address this issue in your state, it is intrusion and illegality. They could face fines and even jail time. In most states, ashes can be scattered on land on private land with the permission of the owner or on public land with the permission of the government agency.
For example, Texas law states that a person may disperse cremated remains on uninhabited public land, on a public waterway or sea, or on the private property of a consenting owner. Texas law also states that cremated remains must be removed from the container before being dispersed, unless the container is biodegradable. This is perhaps the most important thing to keep in mind when scattering ashes: think of others. You`ll find that many of the ash scattering laws above specifically mention that they stay away from hiking trails and other publicly used areas. If they are not very finely sprayed, the remains can be distinctive. No one wants to find a bunch of leftovers on a hike with their kids or a game on the beach. In the law, ashes are considered the same as a body, and you cannot own a body: a court cannot divide a body, so the court cannot divide the ashes either. It is legal to distribute ash at sea, but anything placed in the water must decompose easily.
According to the EPA, burial of human remains at sea — cremated or not — is allowed, but there are several laws and regulations on ash scattering that you must follow: Many families choose to scatter the ashes by air. Most states don`t have laws prohibiting this, but federal law prohibits dropping items that could harm people or damage property. The remains themselves are not considered dangerous goods, but for obvious safety reasons, you need to remove the ashes from their container before dispersing them by air. First of all, you need to know if the cemetery is public or private property. If the cemetery is located on private property, you will need to ask permission. For public cemeteries, ask the city or town that manages the property if there are any laws or regulations on the distribution of ashes that prohibit the distribution of ashes. Some cities have banned this practice. More and more private cemeteries actually offer « scattered gardens » and can allow ashes to be scattered there and only for a fee. This distinction is important because you must obtain permission before scattering ashes on private property. And if the location is a stadium or amusement park, your application may be denied.
In many cases, if you are caught distributing ashes, the police will be called. Some people were fined and given community service. Plus, many owners will have the ashes removed and respectfully thrown elsewhere — so even if you`ve distributed your friend`s ashes at Disney World, chances are they won`t stay there. It is important to note that most rivers, ponds and lakes are not subject to federal regulation and, therefore, these ash scatter laws do not apply. You should contact the morgue, environmental protection agency, or health authority of the state where you wish to distribute the ashes to learn more about the relevant laws. The scattering of ash in inland waters is illegal in some States. However, the Neptune Society advises you to proceed with caution if you plan to scatter your loved one`s ashes. Each state has its own scattering laws, and in the case of scattering ash on water, federal law may take precedence over state law. So, as part of your planning, review local and state laws and familiarize yourself with any federal laws that may apply to the dispersal of excessive water. According to Lori Adamson, head of services for the Neptune Society of San Antonio, « Some people find comfort in being scattered in a place they have loved in life. The burden of wondering what will happen to their urn over time is taken out of their minds.
Others may also find it comforting to know that their ashes will not be a constant reminder to their families that they are dead. « We have special pages on the burial of ashes (the official name for the burial of ashes) and informal burial of ashes (for example, burying ashes in your garden). This is another one of those laws for the distribution of ashes that depend on the state you live in, so always check with the relevant authorities first. Forests and other wilderness areas can be beautiful places to scatter ash, but do it away from frequently used trails or other places where you know people visit or travel frequently. Can you scatter ashes everywhere? The law on the scattering of ashes in the United Kingdom is quite relaxed. There is nothing explicit in the law to prevent people from scattering ashes on land or water. However, you will need the permission of the landowner. In contrast, California laws state that ashes can only be disposed of by scattering in a cemetery garden or by scattering if there is no local prohibition, and with the written permission of the owner or government agency. Ashes can also be placed in a columbarium or mausoleum, buried in a cemetery, stored at home, or stored in a church or other religious structure. If ash is to be scattered on the water, the Federal Clean Water Act requires that the cremated remains be scattered at least three nautical miles from land.
The Clean Water Act also regulates dispersal in inland waters such as rivers or lakes. For inland water burial, you may need to obtain a permit from the state agency that manages the waterway. Depending on how you want to scatter the ashes of your loved ones, it may be beneficial to follow a checklist for a dispersal ceremony to make sure that everything is planned accordingly and that the event is not affected by a lack of preparation. Realistically, as long as you stay away from sensitive or populated areas, you`re unlikely to be prosecuted for violating « ash propagation laws, » even if you don`t ask permission. However, it is still illegal and you might get into trouble. If you plan to spread the ashes on a grave or in a crypt, be sure to talk to the person`s immediate family (if possible) before doing so. Saying goodbye to a loved one is never easy, but by scheduling a ceremony to distribute ashes, their memory can live on and be celebrated by family and friends. If traveling is out of the question, consider a private ceremony in a backyard or local park if it follows their rules.
Creating a memorial garden or even having a cremation jewel to hold a pinch of leftovers is a thoughtful way to honor a loved one and provide a diploma.