Federal EPA Rules for the United States
In the United States, ash scattering in ocean waters is governed by the Marine Protection, Research, and Sanctuaries Act (MPRSA) — sometimes called the Ocean Dumping Act. This federal law is administered by the Environmental Protection Agency (EPA) and applies to all US marine waters, including the Atlantic, Pacific, Gulf of Mexico, and surrounding oceans.
The Three Core Rules Under MPRSA
- Minimum Distance: Cremated human remains must be scattered at least 3 nautical miles (approximately 3.45 statute miles or 5.5 km) from the nearest shoreline. This applies nationwide.
- 30-Day Notification: The person who arranged the scattering must notify the appropriate EPA regional office within 30 days of the event. The notification must include: the date and time of scattering, the GPS coordinates (latitude and longitude), and the name of the deceased. EPA notification forms are available on the EPA website.
- Permitted Materials Only: Only cremated human remains (ashes), flowers, and biodegradable items may be placed in the ocean during a burial at sea. No non-biodegradable materials, no plastic, no glass, no metal (other than weighted urn bases that have EPA approval) may be introduced into US marine waters.
Which EPA Region Handles Your Notification?
The EPA is divided into ten regional offices. Your notification goes to the region covering the state whose coast you used:
- Region 1 (New England — CT, MA, ME, NH, RI, VT)
- Region 2 (NY, NJ, Puerto Rico, US Virgin Islands)
- Region 3 (Mid-Atlantic — DC, DE, MD, PA, VA, WV)
- Region 4 (Southeast — AL, FL, GA, KY, MS, NC, SC, TN)
- Region 6 (South Central — AR, LA, NM, OK, TX)
- Region 9 (Pacific Southwest — AZ, CA, HI, NV + Pacific Islands)
- Region 10 (Pacific Northwest — AK, ID, OR, WA)
State-by-State Legal Reference
| State | Distance Required | State Permit? | Additional Notes |
|---|---|---|---|
| Florida | 3+ nautical miles | No state permit required for ashes | Most competitive provider market in the US; EPA Region 4 notification required |
| California | 3+ nautical miles | No state permit for ashes; CCC permits may apply to commercial operators near sensitive habitats | Monterey Bay National Marine Sanctuary allows ash scattering per sanctuary rules; EPA Region 9 |
| New York | 3+ nautical miles | No state permit for ashes; NY DEC marine water regulations apply to operators | USCG captain license required for paid passenger vessels; EPA Region 2 |
| Texas | 3+ nautical miles (into Gulf of Mexico) | No state permit for ashes; TCEQ regulates operators | Bays and estuaries (Galveston Bay, Corpus Christi Bay) do NOT qualify — must reach open Gulf; EPA Region 6 |
| Washington | 3+ nautical miles (Pacific) or designated Puget Sound basin locations | No state permit for ashes; WA Dept. of Ecology oversight of Puget Sound | Puget Sound services require provider knowledge of compliant scattering sites; EPA Region 10 |
| Hawaii | 3+ nautical miles | No state permit for ashes; DLNR oversees marine conservation districts | Avoid scattering inside marine life conservation districts; EPA Region 9 |
International Quick Reference
Outside the United States, ash scattering at sea is handled very differently by each country:
- United Kingdom: Ash scattering at sea is generally unregulated — no permit is required. The Marine Management Organisation (MMO) recommends courtesy notification and recommends scattering offshore away from beaches and marine infrastructure. Full UK guide →
- Australia: Ash scattering is generally permitted more than 3km from shore without a specific permit in most states. The Great Barrier Reef Marine Park requires special care in Queensland. State rules vary. Full Australia guide →
- Canada: No specific national burial at sea permit is required for ashes. Provincial rules apply — BC requires a Cremated Remains Permit from the provincial Funeral Services Commission before disposing of ashes. Full Canada guide →
- New Zealand: Ash scattering in ocean waters is generally permitted without a permit — no minimum distance requirement is specified, though offshore locations are recommended. Ministry of Health consultation required for full body burial. Full NZ guide →
What Happens If You Scatter Ashes Illegally?
Most cases of illegal ash scattering — within the 3nm zone, without EPA notification, or in prohibited areas — are not actively policed. However, the legal risks are real:
- Civil penalties: The MPRSA provides for civil penalties of up to $50,000 per violation. Enforcement is rare for families acting in good faith, but it is legally possible.
- Criminal liability: Willful violations can be prosecuted as criminal offenses under MPRSA. This is extremely rare for individual ash scattering events.
- Marine sanctuary violations: Scattering in a prohibited zone of a National Marine Sanctuary carries separate penalties under the National Marine Sanctuaries Act.
- Provider liability: Operators who scatter within the 3nm limit or fail to file EPA notifications expose themselves to regulatory action and loss of operating permits.
The practical risk for most families who scatter slightly inside the 3nm line without notification is minimal — but it is worth doing it correctly both for legal peace of mind and out of respect for the marine environment that inspired the choice of ocean burial in the first place.
Frequently Asked Questions
Can I scatter ashes from a beach or pier?
No. Scattering ashes from the beach, a pier, or any location within 3 nautical miles of the shoreline is not legal under MPRSA. You must be on a vessel that has navigated at least 3nm from the nearest land. The "nearest land" measurement includes islands, not just the mainland. Some families scatter a small pinch of ashes in the surf as a personal ritual — this is not legally sanctioned but is extremely unlikely to result in enforcement action if done discreetly.
Do I need to notify the EPA if my provider does it for me?
The legal obligation to notify the EPA rests with the "person responsible for the burial at sea" — which is typically interpreted as the person who arranged and paid for the service. In practice, most licensed providers include EPA notification as part of their service and file it on your behalf. Always confirm in writing that your provider will handle EPA notification, and request a copy of the filed notification for your records. If your provider does NOT offer this, you must file it yourself at the EPA regional website within 30 days.
Is it legal to scatter ashes in a river or lake?
MPRSA only covers marine (salt) waters. Rivers, lakes, and inland freshwater bodies are regulated by different federal and state laws. In general, scattering ashes in US freshwater bodies requires case-by-case review — the Clean Water Act, state environmental laws, and local park regulations may apply. Rivers that cross state lines may involve multiple regulatory bodies. Some states (like Oregon) have specific freshwater scattering guidance. Consult the relevant state environmental agency for the specific water body.
Is there a right time of year for ash scattering at sea?
Legally, there is no seasonal restriction on ash scattering at sea. However, practically, sea conditions vary significantly by season and region. In the Pacific Northwest and Northeast, winter months (November–February) can bring rough seas that make offshore travel uncomfortable or impossible. Florida and Hawaii have more year-round favorable conditions. Always check with your provider about seasonal availability and typical sea conditions in your area.