Where does the laws allow us to scatter ashes or store after cremation in California?

Speaking of scattering ashes, the laws the EPA sets out in California can be strict.

If you want to keep or scatter cremated ashes in California, you should be aware of the following state and federal rules.

California Laws on Storing and Scattering Ashes

California’s laws about dealing with ashes are the strictest in the nation. While many people let common sense and good judgment be their guides — scattering ashes under a “don’t ask, don’t tell” policy — it’s wise to know the state laws.

California allows you to dispose of cremated remains by:

  • placing them in a columbarium or mausoleum
  • burying them on cemetery grounds
  • keeping them at home (the law requires that you sign a permit and agree not to remove the cremated remains from their container; you must also make arrangements to dispose of the ashes at your death)
  • storing them at a church or other religious structure, if allowed by local zoning laws
  • scattering them in a cemetery scattering garden
  • scattering them in any area of the state where there is no local prohibition, if you obtain written permission from the property owner or governing agency (the ashes must be removed from their container and scattered so they are not visible to the public)
  • scattering them at sea or inland navigable waters (the scattering must occur at least 500 yards from shore), except for lakes and streams.

For more information, see the website of the California Cemetery and Funeral Bureau.

Federal Rules on Scattering Ashes

The following guidelines apply if you want to scatter ashes on federal land or at sea.

Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. However, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.

Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.

The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.

Scattering ashes by air. California doesn’t have any laws on this, but federal law prohibits dropping any objects that might injure people or harm property. The U.S. government does not consider cremains to be hazardous material. So all should be well as long as you remove the ashes from their container before scattering.

For more information, including contact information for the EPA representative in California, see Burial of Human Remains at Sea on the EPA website.

Learn more

To learn about the federal Funeral Rule, which protects consumers in all states, visit the website of the Federal Trade Commission.

For more information about funeral laws in California, see Making Funeral Arrangements in California.

To find out more about funerals and other final arrangements, see the Getting Your Affairs in Order section of Nolo.com.

 

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