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where is it legal to scatter ashes in california

by Lynn Waelchi Published 3 years ago Updated 3 years ago

“The state has no laws against keeping cremated remains at a church or religious structure.” In California, you're allowed to place cremated remains in a columbarium or mausoleum. You're also able to bury them on cemetery grounds or scatter them in a cemetery garden.Jul 14, 2016

Do you need a permit to scatter ashes at sea in California?

All Burials at Sea off the Coast of California Require a Burial Permit. All California burials, whether a full body land burial, full body sea burial, or a scattering of ashes require a permit issued from the County. If the death occurred in California, you may already have the correct permit.

Can you scatter ashes in California state parks?

The California Department of Parks and Recreation allows individuals to scatter cremated human remains, where appropriate, in units of the State Park System. There are numerous and multi-faceted conditions under which the scattering of cremated human remains would not be appropriate.

How do you get a permit to scatter ashes in California?

To request an Application for Registration as a Cremated Remains Disposer or for additional information, contact the Bureau's Licensing Unit at (916) 574-7870. Applications are also available on the Bureau's website at the following link: www.cfb.ca.gov/licensee/app.

How much does it cost to scatter ashes at sea in California?

California allows ashes to be scattered 500 yards from shore, meaning mourners can watch from shore while a boat or other vessel scatters the ashes. This can cost $150-$800 or more.

Can you spread ashes at the beach in California?

According to the Federal Clean Water Act, you can scatter ashes in the ocean as long as it is done at least 3 nautical miles from shore. All of the major harbors in California have boating services that can take you and family/friends out the proper distance from shore to do the scattering.

Can you scatter ashes on the beach?

Spreading ashes at the beach can be done through trenching. Primarily, this involves digging a shallow trench in the sand (perhaps in the shape of a heart, the deceases name, a message about the deceased, a circle, or any other design of your choice) and then spreading the ashes into the trench.

What is the fine for spreading ashes in California?

Many people like to scatter their loved one's cremated remains by air, and while California hasn't enforced any laws on this, individuals aren't allowed to drop any objects that could potentially injure people or property, according to federal law.

Can you get fined for scattering ashes?

While there may be no specific cremation ashes laws that directly address this issue in your state, it's trespassing and it's illegal. You could face fines and even jail time.

Is burial at sea legal in California?

The scattering of ashes at sea is allowed in California and the rest of the United States. However, there are some regulations placed by the Environmental Protection Agency to ensure that the environment is not disturbed. For example, ashes have to be scattered at least three nautical miles offshore.

Can you dump ashes off a cruise ship?

Dispersing cremated ashes at sea is permitted. Please note the following procedures and policies: The guest must contact the Guest Services Desk once on board the ship. The Guest Services Staff and the Environmental & Occupational Safety Officer (EOSO) will coordinate the burial at sea.

What happens to ashes scattered at sea?

Do I need a special container for the ashes? While the word "scattering" evokes a particular image, cremated remains buried at sea from a cruise ship will generally be dropped into the sea in a container. The container, or urn, should be biodegradable and sealed with nontoxic glue.

Where can I spread my ashes in Los Angeles?

Acquiring a burial permit in Los Angeles allows you to scatter ashes on any of the following types of property:Private property, as long as you have the owner's permission.Controlled public property, like a state or national park.Uncontrolled public property, like a rural hillside or an undeveloped field.

Where Can You Scatter Ashes in California?

State law dictates that ashes can be scattered wherever you or your loved one have chosen, provided the ceremony meets three qualifications:

How to Scatter Ashes

Now that you have some ideas of where you can scatter your loved one’s ashes, it’s time to consider how to scatter their ashes. You may have a single person scatter the ashes. Or, you could choose to make it a ceremony for the whole group, allowing everyone to pick up and let go of the departed, both physically and metaphorically.

Alternatives to Scattering Ashes

We’ve gone over some alternatives of how to spread ashes, like by plane or at sea, but there are a few other options to consider:

What to Say When Scattering Ashes

Now for what is perhaps the most difficult part of any scattering ceremony: what you will say during it.

Honor Your Loved One

If you are still unsure of where to scatter your loved one’s ashes in California, we hope Simply Remembered can be of service to you.

Where does the law allow us to scatter ashes?

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 ’s laws about dealing with ashes are ...

What are the laws of California regarding ashes?

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.

How long do you have to notify the EPA of ashes?

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.

How far away from land can you scatter ashes?

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.

Where to store cremated remains?

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.

Can you scatter ashes in a cemetery?

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)

Is it legal to scatter cremains in California?

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.

How long do you have to scatter ashes in California?

The ashes must be scattered within two months or 60 days from the time the body was cremated.

Who can scatter ashes?

The only persons permitted to scatter the ashes are the deceased family or licensed personnel of the crematorium or funeral home. These facilities often offer scattering services performed by the licensed personnel to take the planning burden off the family.

Is there a law on spreading ashes in California?

California Laws on Spreading Ashes. Few people realize that laws exist to regulate the spreading of ashes after a loved one is cremated. Federal and state legal codes contain these rules to protect the people attempting to scatter ashes and others who may be affected but are not a part of the scattering ceremony.

Is there a law on smoking distance from a building in California?

Law on Smoking Distance From a Building in California. Few people realize that laws exist to regulate the spreading of ashes after a loved one is cremated. Federal and state legal codes contain these rules to protect the people attempting to scatter ashes and others who may be affected but are not a part of the scattering ceremony.

Can you scatter ashes in a cemetery?

You cannot choose just any location for spreading the ashes. You can scatter them only in designated areas within a cemetery, like a Scattering Garden, or on a cemetery plot. The ashes can be scattered over locations that are not regulated by local ordinances, but you must have permission from the property owner first.

Where are ashes buried?

Ashes may also be placed in a columbarium or mausoleum, buried in a cemetery, stored at home, or stored in a church or other religious structure. If ashes are to be scattered over water, the Federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land.

How long does it take for ashes to be notified?

Ashes may not be scattered at beaches or wading pools, and the EPA should be notified within 30 days of scattering.

Is it safe to scatter cremains?

Most states do not have any laws prohibiting this, but federal law does prohibit dropping any objects that might injure people or harm property. Cremains themselves are not considered hazardous material, but for obvious safety reasons you should remove the ashes from their container before scattering them by air.

Can you scatter cremated remains in Texas?

For example, Texas law states that a person may scatter cremated remains over uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner.

Can ashes be scattered over private property?

In most states, ashes can be scattered over land on private property with the permission of the owner or on public lands with permission of the governing agency. For example, Texas law states that ...

Can ashes be disposed of in California?

By contrast, California’s laws state that ashes may only be disposed of by scattering in a cemetery scattering garden, or scattering where there is no local prohibition and with written permission of the property owner or governing agency.

Can you scatter ashes over water?

Each state has its own laws on scattering, and in the case of scattering ashes over water, federal law may take precedence over state law. So as part of your planning, check local and state laws and familiarize yourself ...

Where can you scatter cremated remains?

According to the South Dakota Legislature, you can scatter cremated remains: Over a public waterway including freshwater rivers and lakes. On private property as long as you ask permission from the property owner.

What is the EPA's permit for ashes?

This permit is a part of the Marine Protection, Research and Sanctuaries Act (MPRSA). The MPRSA gives the EPA authority to issue permits for ocean dumping, within certain limitations.

How far away from the shoreline can you scatter cremains?

Check out these requirements for scattering cremains at sea: You must place the remains no closer than three nautical miles from the shoreline. Anything closer than three nautical miles is not allowed. You cannot release pet remains in the ocean.

What is the process of cremation?

First, let’s understand the cremation process itself. In cremation, human remains are broken down using intense heat and fire. After, the remains have become bone fragments and ashes that look a lot like coarse sand.

How long does it take to pick up cremated remains in Georgia?

In this state, you—as the person legally responsible for the cremains—have 60 days to pick up remains from the funeral establishment or crematory housing the remains.

Does the EPA cover spreading ashes in the ocean?

Every state sets its own laws about spreading ashes. However, these laws do not apply to the saltwater of the sea. The EPA and the MPRSA general permit covers spreading ashes in the ocean regardless of the state the boat departs from.

Can you use an urn to transfer cremated remains?

You are required to use an urn or similar container to transfer cremated remains. While you can use the urn to store cremains indefinitely, scattering a loved one’s ashes is a common practice. Often, family members or loved ones will choose to scatter the ashes in a place that was beloved by the deceased.

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