Where to Scatter the Ashes
Excerpted from the mailbag: My father wanted to be cremated, and we have followed his wishes. He never did say what he wanted us to do with his ashes, but we know he always wanted to go back home to the small town where he grew up. He was very claustrophobic, and we don't believe he would want to be buried or sealed up. We are thinking about scattering his ashes along the riverbank there.
Answer: While it would undoubtedly be meaningful to you and your family to take your father "home," there may be some difficulties with the plan you have in mind. The EPA and state and local governments all have regulations about where cremated remains may be legally scattered. It is not permitted to scatter remains in inland water bodies or on public property.
While some people would say, "Who's to know?" would you want your memory of your father to include having tiptoed out in the middle of the night to surreptitiously dispose of his remains? Doubtful.
There are other options that might allow you to take him home without breaking the law.
• Many cemeteries now have areas where they permit ashes to be scattered on their grounds. Perhaps there is a cemetery in your father's home town that will allow you to scatter his ashes. There will probably be a small charge.
• There may be a state or national park nearby. Many, but not all, do permit scattering ashes with express permission and a valid permit. You would have to contact the administrative authority for the park, whether state or federal. It would be highly unusual for permission to be granted for disposition on city land.
• If there are still family members in the area it may be possible to obtain permission to scatter your father's ashes on their private property. This is generally legal so long as you have the express permission of the property owner. We recommend getting it in writing. However, keep in mind that the property could one day be sold for other uses. If someone wants to sell a residential property with cremated remains on the property, this must also be disclosed to any buyer. That might give pause to any family member.
Every state has their own rules about disposing of cremated remains, some more stringent than others. The best thing to do would be to check with a funeral director in the state where you would like to scatter the ashes. They should have knowledge about the current laws, which can change at any time. The EPA has information on their website, as do many state websites. Use your favorite search engine and look up your state + "scattering remains." Make sure that you are looking at official state information. There are hundreds of commercial websites on the web that may or may not have accurate information.
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