Where you can scatter ashes
Ashes may be placed in the ocean only at least 3 nautical miles from land. On land and inland water the rules come from each state; here is what each one says, with its source.
Scattering ashes in Arkansas
Arkansas rules allow ashes to be kept, placed in a cemetery, scattered over uninhabited public lands or public waterways, or scattered on private land with the owner's consent. Ashes can be moved within Arkansas without a permit. Ocean scattering follows the federal EPA rule.
- Allowed places named in 17 CAR 30-209(c): a crypt, niche, grave or scattering garden in a dedicated cemetery; uninhabited public lands; the sea or other public waterways; private property with the owner's consent.
- For private property other than a cemetery, the authorizing agent gives the provider the owner's written consent.
- Before scattering, remains must be processed to 1/8 inch particles or smaller, and removed from their closed container. A boat or airplane may be used.
- After delivery to the family, ashes may be moved anywhere in Arkansas without a permit.
- If ashes are not claimed or a plan is not given within 90 days of cremation, the provider may dispose of them in any lawful way.
- Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
Scattering ashes in Oklahoma
In Oklahoma, ashes can be kept at home, placed in a cemetery or columbarium, or scattered on private land with the owner's consent. Ashes may be moved within the state without a permit. Ocean scattering follows the federal EPA rule.
- 59 O.S. 396.32: ashes may be transported in Oklahoma without a permit and disposed of as directed by the person responsible for the body.
- Private land: with the property owner's consent (Funeral Board FAQ).
- Public land and lakes: no Oklahoma rule was found on the pages read. See the unverified list.
- Unclaimed ashes: after 60 days, the funeral establishment may dispose of them in a dignified way (59 O.S. 396.29(F)). Unclaimed ashes of a veteran may go to an approved charity for burial in a veterans cemetery.
- Shipping: the Funeral Board says ashes may be mailed only through the U.S. Postal Service by registered mail, return receipt requested.
- Ocean: see the shared federal EPA entry.
Sources: Oklahoma Funeral Board, Consumer FAQ; 59 O.S. 396.32, Funeral Services Licensing Act (2025)
Scattering ashes in Missouri
We did not find a Missouri statute that limits where a family may keep or scatter ashes. Ask the landowner or the managing agency before scattering on land that is not yours. Ocean scattering follows the federal EPA rule.
- RSMo 194.350 covers ashes left unclaimed with a funeral establishment: after 90 days' written notice, it may scatter or bury them in a dedicated scatter garden, pond or columbarium, or release them to next of kin or a veterans' organization.
- Rules on private land, public land and inland waters were not found on the Missouri pages read. See the unverified list.
- Ocean: see the shared federal EPA entry.
Source: RSMo 194.350 (Missouri Revisor)
Scattering ashes in Kansas
Kansas has no specific state law on scattering ashes. The Board of Mortuary Arts advises getting permission from the landowner, and thinking about the neighbors, before scattering on land you do not own. You may also keep the ashes at home, place them in a cemetery or columbarium, or scatter at sea under the federal rule.
- The Board's consumer FAQ says there are no specific state laws on scattering ashes.
- Options the Board lists: private scattering, scattering at sea, scattering by airplane over unpopulated areas, burial in a cemetery, a columbarium niche, or keeping the ashes at home.
- Land you do not own: ask the owner, private or public, for permission, preferably in writing. Check city or county ordinances too.
- Federal land: the Board's FAQ says scattering at federal parks and waterways is illegal. Federal park rules were not checked. See the unverified list.
- Ashes shipped by a crematory must go by a tracked method with a signed receipt (K.S.A. 65-1763(g)(4)).
- Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
Scattering ashes in Florida
The Florida Department of Financial Services says ashes can be scattered on any Florida land but not in any Florida fresh water, and suggests checking with the Department of Environmental Protection, your landlord or condo association, and local zoning. Florida law treats the cremation itself, not the scattering, as the final disposition, and we found no separate state permit for scattering. If ashes are not claimed, the funeral home may dispose of them after 90 days.
- Division FAQ: ashes can be spread on any Florida lands but not in Florida fresh water. It adds that spreading ashes on private property could possibly be treated as establishing a cemetery, so check deed restrictions and local rules.
- Cremation is the final disposition, and dispersing the ashes happens after it (F.S. 382.002(9)). The burial-transit permit covers the final disposition.
- Licensed cemeteries may have scattering gardens, an area set aside where ashes removed from their container are spread (497.005(73)).
- Unclaimed ashes: after 90 days from cremation, the funeral or direct disposal establishment may dispose of them, for example at sea, in a licensed cemetery scattering garden or pond, or in a church columbarium (497.607(3)(a), 2026 text). The 2025 statute said 120 days; the change came from ch. 2026-50. Board rule 69K-31.001, amended September 9, 2026, still says 120 days and also allows scattering where no prohibition exists, if the ashes are not distinguishable to the public.
- Before disposing of unclaimed ashes, the establishment must make a reasonable effort to find out whether the person was a veteran (or a spouse or dependent child of one) eligible for a national cemetery, and if so arrange interment there (497.607(3)(b), (c)).
- Dividing ashes among family members needs the consent of the legally authorized person who approved the cremation (497.607(2)).
- Scattering at sea: the Division's FAQ says the U.S. Coast Guard issues permits for burial at sea within the three mile limit. Burial at sea is governed by the federal EPA general permit (see the shared federal entry), so this FAQ line is listed as unverified.
- Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
Sources: FL DFS Division of Funeral, Cemetery, and Consumer Services, Consumer FAQ; F.S. 497.607(3)(a) (2026); Fla. Admin. Code R. 69K-31.001(1)(f); F.S. 382.002(9) (2026)
Scattering ashes in Georgia
Georgia law allows scattering of cremated remains; it is expressly not treated as abandoning a body. For burial at sea from a Georgia harbor or by air, the ashes must be removed from their container, scattered at least three miles from shore within 50 days of cremation, and a verified statement filed with the local registrar. The state's 2012 guide says scattering on private land needs the owner's permission.
- O.C.G.A. 31-21-44.2(a)(2), as amended by S.B. 241 (effective July 1, 2025): scattering cremated remains, burial at sea and other lawful methods are not an offense of abandoning a body.
- Burial at sea (31-21-4(a), as amended): ashes may be taken by boat from any Georgia harbor, or by air, for burial at least three miles from the nearest shoreline; they must be removed from their container first. The burial must happen within 50 days of cremation (it may be delayed for bad weather), and a verified statement with the person's name, time and place of death and place of burial must be filed with the local registrar in the county nearest the burial point.
- Unclaimed ashes (43-18-80(d)): if 60 days after cremation the authorizing agent has not claimed the ashes or given instructions, the holder must send a notice; if 30 more days pass without instructions, it may entomb, inter or scatter the ashes under local and state law, or store them. The resting place must be marked and recorded unless the ashes are scattered, and the cost charged to the authorizing agent may not exceed $100.
- Whoever requests a cremation must give an address for notice when the ashes are ready (31-21-4(b)).
- Veterans' ashes left unclaimed are held at least 60 days, then the family is sent a written notice; after 30 more days without a reply, a veterans' organization is contacted to arrange burial in a state or national veterans cemetery (43-18-9(e)(2)).
- The state's 2012 guide lists options including scattering on private property with the owner's permission where not prohibited, if the remains are not distinguishable to the public; a cemetery scattering garden; and national parks with a special permit.
- Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
Sources: O.C.G.A. 31-21-44.2(a)(2), in S.B. 241 (2025), as signed; Georgia Division of Aging Services, A Guide to Funeral Homes, Crematories and Cemeteries (revised 2012)
Scattering ashes in Tennessee
We did not find Tennessee's rules on scattering ashes in the official sources we could read. Ask your crematory or funeral home about any rules for the place you have in mind. For scattering at sea, the federal EPA rule applies.
- Statewide scattering rules: not found in the Board rules or state pages read. See the unverified list.
- The Board's pre-approved authorization form lets the family choose where the ashes go: to a cemetery, to a named person, to the funeral home, by U.S. Postal Service mail, or another option.
- Carrying ashes on a plane: TSA officers will not open a cremation container, so choose one that can be screened (Board's TSA page).
- Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
Sources: Tennessee Board of Funeral Directors and Embalmers, Pre-Approved Authorization for Cremation form; Tennessee Board of Funeral Directors and Embalmers, TSA Regulations for Traveling with Cremated Remains
Scattering ashes in Texas
In Texas you may scatter ashes over uninhabited public land, over a public waterway or the sea, or on private land with the owner's written consent. Take the ashes out of the container first unless it is biodegradable. Ashes may also be placed in a cemetery grave, niche, crypt or scattering area, and the TFSC says families may keep them at home.
- Tex. Health and Safety Code 716.302(e): ashes may be disposed of only (1) in a crypt, niche, grave or scattering area of a dedicated cemetery; (2) by scattering over uninhabited public land, the sea or other public waterways; or (3) on private property as directed by the authorizing agent, with the written consent of the property owner.
- 716.304: unless the container is biodegradable, the ashes must be removed from it before scattering.
- Without written permission from the authorizing agent, ashes may not be mixed with other people's ashes, except when scattered by air over a scattering area or at sea, and one urn may not hold more than one person's ashes (716.303).
- Once the crematory releases the ashes, the authorizing agent or their representative may carry them anywhere in Texas without a permit (716.301).
- The authorizing agent is responsible for the final disposition and should give the crematory a signed statement of the plan, if known (716.302(a) and (b)).
- Unclaimed ashes: if no one claims the ashes or gives instructions, the crematory, or the funeral home holding them, may dispose of them no earlier than the 121st day after cremation, and the authorizing agent is responsible for reasonable costs (716.302(c) and (d)).
- If the authorization form gives a shipping address, the crematory must ship the ashes no later than the 30th day after cremation (716.156(a)(3)).
- Texas State Veterans Cemeteries offer scattering in a memorial garden, among other options, for eligible veterans (TFSC Consumer Information).
- Ocean: see the shared federal EPA entry (3 nautical miles, report within 30 days).
Sources: Tex. Health and Safety Code 716.304; Tex. Health and Safety Code 716.302(e)(3); Tex. Health and Safety Code 716.301; TFSC, Facts About Funerals (updated 2022); TFSC, Consumer Information
Scattering at sea: the federal rule
Ashes may be placed in the ocean only at least 3 nautical miles from land. The person who does it must report it to the EPA within 30 days. Lakes and rivers are not covered by this federal rule; state rules apply there.
- Federal general permit under the Marine Protection, Research and Sanctuaries Act (MPRSA).
- Cremated remains may go into ocean water of any depth, if at least three nautical miles from land.
- Report within 30 days using the EPA Burial at Sea Reporting Tool. No death certificate needs to be sent to the EPA.
- Only readily decomposable flowers and wreaths may be placed with the remains.
- Scattering in lakes, rivers and other inland waters is not regulated by the MPRSA. The EPA says to check with the state.
Source: EPA, Burial at Sea
Common questions
Is it legal to scatter ashes in Arkansas?
Arkansas rules allow ashes to be kept, placed in a cemetery, scattered over uninhabited public lands or public waterways, or scattered on private land with the owner's consent. Ashes can be moved within Arkansas without a permit. Ocean scattering follows the federal EPA rule.
Is it legal to scatter ashes in Oklahoma?
In Oklahoma, ashes can be kept at home, placed in a cemetery or columbarium, or scattered on private land with the owner's consent. Ashes may be moved within the state without a permit. Ocean scattering follows the federal EPA rule.
Is it legal to scatter ashes in Missouri?
We did not find a Missouri statute that limits where a family may keep or scatter ashes. Ask the landowner or the managing agency before scattering on land that is not yours. Ocean scattering follows the federal EPA rule.
Is it legal to scatter ashes in Kansas?
Kansas has no specific state law on scattering ashes. The Board of Mortuary Arts advises getting permission from the landowner, and thinking about the neighbors, before scattering on land you do not own. You may also keep the ashes at home, place them in a cemetery or columbarium, or scatter at sea under the federal rule.
Is it legal to scatter ashes in Florida?
The Florida Department of Financial Services says ashes can be scattered on any Florida land but not in any Florida fresh water, and suggests checking with the Department of Environmental Protection, your landlord or condo association, and local zoning. Florida law treats the cremation itself, not the scattering, as the final disposition, and we found no separate state permit for scattering. If ashes are not claimed, the funeral home may dispose of them after 90 days.
Is it legal to scatter ashes in Georgia?
Georgia law allows scattering of cremated remains; it is expressly not treated as abandoning a body. For burial at sea from a Georgia harbor or by air, the ashes must be removed from their container, scattered at least three miles from shore within 50 days of cremation, and a verified statement filed with the local registrar. The state's 2012 guide says scattering on private land needs the owner's permission.
Is it legal to scatter ashes in Tennessee?
We did not find Tennessee's rules on scattering ashes in the official sources we could read. Ask your crematory or funeral home about any rules for the place you have in mind. For scattering at sea, the federal EPA rule applies.
Is it legal to scatter ashes in Texas?
In Texas you may scatter ashes over uninhabited public land, over a public waterway or the sea, or on private land with the owner's written consent. Take the ashes out of the container first unless it is biodegradable. Ashes may also be placed in a cemetery grave, niche, crypt or scattering area, and the TFSC says families may keep them at home.
Can you scatter ashes in the ocean?
Ashes may be placed in the ocean only at least 3 nautical miles from land. The person who does it must report it to the EPA within 30 days. Lakes and rivers are not covered by this federal rule; state rules apply there.