Ocean — the rules are clear and there is no permit to wait for
Scattering at sea runs under an EPA general permit. You do not apply for permission in
advance; you follow four rules — at least 3 nautical miles from land, no minimum depth
for cremated remains, only materials that readily decompose in seawater, and notify
the EPA within 30 days afterwards.
- Three nautical miles is measured from the ordinary low water mark, or from a closing line drawn across the mouths of bays and rivers. States cannot relax this.
- Nothing that fails to decompose may go in the water — no plastic or metal flowers or wreaths, no permanent urns. Marigold garlands and loose flowers are fine; the plastic tie holding them is not.
- Where wind makes surface scattering unworkable, the remains may instead be placed in a container that will not float and contains no plastic.
- The report afterwards asks for the name of the deceased, date, latitude and longitude, distance from land, the vessel's point of contact and port of departure. A charter captain will usually file it for you — confirm that they will.
Rivers and lakes — this is where it gets local
Inland water is a different legal world. Scattering in lakes, rivers and other inland
waters falls outside the EPA's burial-at-sea permit; states set their own rules and
some prohibit placing cremated remains in inland waters altogether. Before an
immersion in the Mississippi, the Hudson, Lake Michigan or a local river, check with
the state health agency or mortuary board, and separately with whoever owns the bank
you intend to stand on — a city park, a county, or the Army Corps.
Funeral homes in coastal metros often run this for you. Pacific Interment in the Bay
Area, for instance, offers both unwitnessed sea scatterings and private memorial
charters alongside witnessed cremations. Ask whether the price includes the EPA filing.