Serene FarewellsFuneral, cremation & memorial planning guidance

Is it legal to scatter ashes at sea?

Yes. In U.S. ocean waters, federal rules allow cremated remains to be scattered or placed at sea, as long as you follow a few conditions set by the EPA.

Edited by Steven Royster, Licensed Funeral Director (FL) Published January 3, 2024 Updated How we create content

Key points

  • Under the EPA's general permit, cremated remains may be placed in ocean waters at least three nautical miles from land.
  • No permit application is needed beforehand, but you must report the burial to the EPA within 30 days.
  • Anything else placed in the water, such as flowers or an urn, should readily decompose. No plastic.
  • Rivers, lakes, bays and beaches are not covered by this permit; state and local rules apply there.

What federal rules require

Burial at sea in U.S. ocean waters is governed by the Marine Protection, Research, and Sanctuaries Act. The EPA has issued a general permit (40 CFR 229.1) that allows burial at sea of human remains, including cremated remains, under these conditions:

  • Distance: cremated remains must be placed in the ocean at least three nautical miles (about 3.45 statute miles) from land. This is measured from the shoreline baseline, so scattering from a beach, pier, or inside a bay or harbor is not covered by the general permit.
  • Reporting: whoever conducts the burial — a family member or a boat captain or service — must report it to the EPA within 30 days. The EPA provides an online reporting tool; the report includes the date, the location (ideally GPS coordinates) and the name of the deceased.
  • Materials: flowers and wreaths made of materials that readily decompose are allowed. Avoid plastic flowers, ribbons, balloons and other non-decomposing items.

There are separate, stricter requirements for burial of a body (not cremated) at sea.

Containers and methods

  • Scattering directly: pour the remains close to the water's surface on the downwind side of the boat so they don't blow back. Many families scatter flower petals at the same time.
  • Water-soluble urns: made of paper, salt, sand or plant materials. They float briefly and then sink and dissolve. See biodegradable urns.
  • Placing a non-biodegradable urn: if you place an urn in the water rather than scattering, choose one designed to decompose in seawater.

Using a charter or scattering service

Many coastal areas have boat captains and companies that conduct ash scatterings. Services generally fall into two types:

  • Attended: family and friends go out on the boat for a short ceremony. Price depends on the boat, group size and duration.
  • Unattended: the service scatters the remains for you and sends a certificate with the date and coordinates. This is usually the least expensive option.

Ask whether the service files the EPA report for you, what happens if weather forces a reschedule, how many people the boat holds, and whether they provide a certificate with coordinates. Funeral homes can often recommend local services.

Lakes, rivers and inland waters

The EPA's general permit covers only ocean waters. Scattering in rivers, lakes and other inland waters is governed by the Clean Water Act and by state and local rules, which vary. Some states require a permit or notification. Check with your state's environmental agency or the agency that manages the water body.

Outside the United States

Rules differ by country and sometimes by region. If you plan to scatter abroad, check the destination's requirements and its rules for bringing cremated remains into the country, and contact the country's embassy or consulate if you're unsure.

Traveling to the coast with remains

If you're flying, cremated remains can usually go in carry-on luggage, but the container must pass X-ray screening and TSA officers will not open it. Airline rules vary. See traveling with cremated remains.

Planning a meaningful ceremony

  • Check the weather and sea conditions; have a backup date.
  • Keep it short — a reading, a few words, a moment of silence. Our memorial service planner can help with an outline.
  • Bring layers, non-slip shoes and motion-sickness remedies for anyone who needs them.
  • Ask the captain to record the coordinates so the family has a record of the place.

Thinking about costs? See burying vs. scattering ashes: costs.

Sources and references

  1. U.S. Environmental Protection Agency: Burial at Sea
  2. Electronic Code of Federal Regulations: 40 CFR 229.1 — Burial at sea (general permit)
  3. Transportation Security Administration: Cremated Remains (What Can I Bring?)

Rules, benefit amounts and prices change. Where a source is a government agency, check it directly for current figures. See our sources and fact-checking policy.

Related guides and tools

This guide is general educational information from Serene Farewells, an independent publisher. It is not legal, medical, financial or tax advice, and Serene Farewells is not a funeral provider. Laws and prices vary by state and provider. Spot an error? Tell us.