What are the rules for scattering ashes in California?
Following up on my post from last week, I want to specifically call out this question of where you are able to (or not able to) scatter ashes in California. There are some rules that come from California, and some federal rules. Here’s a summary of each:
What are California Rules on Scattering Ashes?
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. (Source: Nolo)
What are Federal Rules on Scattering Ashes?
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. 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. (Source: Nolo)
These types of instructions can be included in your estate plan (or they don’t have to be!) Please contact me for a complimentary consultation.