What the law says about cremation and urns in California, Texas and Michigan, where you can scatter ashes in Michigan and on the Great Lakes, and how to check your own state's rules. Every answer links to its sources.
Important: Regulations differ by state; verify compliance with local authorities. Last reviewed .
It is crucial to check state-specific regulations regarding cremation and the handling of cremated remains because the funeral service industry is regulated at the state level, with each state having its own board or agency responsible for licensing and overseeing funeral service professionals and establishments within its jurisdiction [15]. These state boards set and enforce standards of practice, handle consumer complaints, and provide additional information regarding state-specific regulations pertaining to funeral and cremation services [16]. Therefore, to ensure all actions are legal and respectful within a particular state, it is essential to be aware of and comply with its specific regulations.
Regulations regarding cremation urns and the disposition of cremated remains can vary significantly from state to state. It is essential to check the specific laws and regulations of the state where the cremation and final disposition will take place.
Here are some examples of state-specific regulations:
California: Under California law, cremated remains may be removed from the place of cremation or interment in a durable container, under a permit for disposition[119]. They may be kept on real property owned or occupied by anyone, with the permission of the person who has the right to control disposition, or in a church or religious shrine with its written permission where local use permits and zoning allow[120]. Ashes may be scattered where no local prohibition exists, provided they are removed from their container, are not distinguishable to the public, and the person in control of disposition has written permission from the property owner or governing agency[121]. Scattering at sea is also allowed, with the remains removed from the container first; in California “at sea” includes inland navigable waters other than lakes and streams, remains may not be scattered within 500 yards of the shoreline or from a bridge or pier, the person who scatters must file a verified statement with the local registrar in the county nearest the scattering point, and the endorsed permit must be filed with the local registrar within 10 days of disposition[122]. Crematories must maintain an identification system and place a permanent identifying disk, tab, or label inside the urn or cremated remains container before releasing it, except in a keepsake urn where space does not permit[123]. A crematory may not accept human remains for cremation unless they are in a cremation container labeled with the identity of the decedent[124]. California defines that cremation container as a combustible, closed container resistant to leakage of bodily fluids[127].
Texas: The crematory must place cremated remains, with proper identification, in a temporary container or urn unless the authorizing agent instructs otherwise in writing, and it may not commingle remains or put any other object in the container without the authorizing agent’s written authorization[54]. The crematory may ship cremated remains only by a method with an internal tracking system that provides a receipt signed by the person accepting delivery[55]. A crematory may not cremate human remains within 48 hours of the time of death shown on the death certificate unless that waiting period is waived in writing by a justice of the peace or medical examiner of the county where the death occurred, or by court order[125]. Remains may be scattered over uninhabited public land, over a public waterway or sea, or on private property with the owner’s written consent; unless the container is biodegradable, the remains must be removed from it first[57] [58].
Michigan: The funeral director, or person acting as one, who first takes custody of the body must obtain an authorization for final disposition no later than 72 hours after the death or the finding of the body, and before final disposition. When the final disposition is cremation, the medical examiner of the county in which the death occurred must sign that authorization[126]. Cemeteries and columbaria can have their own rules on urn size and vaults, so ask before you buy. Where you can scatter ashes in Michigan, including state parks, Sleeping Bear Dunes and the Great Lakes, is covered in the next two questions.
Michigan state parks: The Michigan DNR allows cremated remains to be scattered in state parks, recreation areas and boating access sites, on these conditions: keep it a small, private affair, away from high visitor-use areas; scatter only in undeveloped areas at least 50 feet outside the mowed portions of developed picnic areas, swimming beaches, parking lots, boat launches, playground structures and campgrounds; the ashes must be fully refined, with no detectable remains, and not distinguishable to the public; scatter them completely, without piling them in one place or burying them; and leave no urn, vessel or container behind[128].
National parks and lakeshores: Federal rules prohibit scattering ashes on National Park Service land unless it is done under a permit, or in designated areas on conditions the superintendent sets[130]. Sleeping Bear Dunes National Lakeshore allows scattering, with limitations, under a memorial permit, and there is no fee for the permit. Contact the park at 231-326-4741 or Slbe_permits@nps.gov before you go[129].
Private land: Get the owner’s permission first.
Lakes and rivers: See the next question.
Federal burial-at-sea rules do not cover the Great Lakes: the EPA’s general permit for burial at sea applies to ocean waters, and scattering in lakes, rivers or other inland waters is not subject to federal regulation under that law, the Marine Protection, Research, and Sanctuaries Act[108]. The EPA notes that states may authorize burials in inland waters under state law or the Clean Water Act, that some states prohibit it, and it advises contacting the state environmental agency, health agency or mortuary board[108].
In Michigan, the environmental agency is the Department of Environment, Great Lakes, and Energy (EGLE). Its Environmental Assistance Center takes questions at 800-662-9278 or EGLE-Assist@Michigan.gov, Monday through Friday, 8:00 a.m. to 4:30 p.m.[131]. If you plan to scatter from a beach or shoreline, the rules of whoever manages that land apply too. Michigan state parks publish their conditions, and Sleeping Bear Dunes asks you to contact the park about its limitations; see the previous question[128] [129].
Consumers can utilize these state boards as valuable resources to gain a deeper understanding of local regulations related to cremation and urns, verify the credentials of funeral providers, and seek assistance in resolving any potential issues or concerns that may arise [17] [18].