We have scattered cremated remains by airplane for over 21 years, and we have always tried to stay current with all Federal, State, and local regulations. One of the questions we get asked most often is, “Do we need a permit to scatter ashes?” In California, the answer is yes, and in some cases, you need more than one permit. And some instances you may not only need a permit, you may also need written permission for the location.
In California, each decedent gets a Burial Permit. This permit documents what you are going to do with the body or with the cremated remains, as well as the Place of Disposition – where the body or cremated remains will go. If the body will be buried, the burial permit will show the address of the cemetery. If the body will be cremated, the permit will list the address where the cremated remains are going. If cremated remains are to be scattered, the burial permit must document the location where they are to be scattered. This permit is obtained from the County Health Department. The permit can be amended to change the Place of Disposition if needed, such as in situations where cremated remains were kept at home for some time, but then an aerial scattering was planned. In California, any County Health Department can change a Burial Permit for a different County Health Department. And the funeral director or A Journey With Wings can help get the permit amended properly.
In California, if you are going to scatter the cremated remains at sea, the Burial Permit must reflect the closest county in which the cremated remains will be scattered. Scattering at sea cannot take place within 500 yards of the shoreline, including along the inland navigable waters of the state. Regulations for scattering at sea do not include lakes and streams, nor do they regulate scattering from a bridge or pier (HSC 7117c).
If you wish to scatter over land, it gets a little more complicated. California law requires that you obtain written permission from the property owner or governing agency to scatter over the specific land location. We work with many types of entities to obtain permission to scatter over land, including State Parks, National Parks, Conservancies, and private property owners.
It is our experience that some agencies are more open to scattering cremated remains than others. For example, California State Parks have a written statute that allows for scattering of cremated remains, with the Park Superintendent having the final say about where and when it is permitted. The main considerations for California State parks include the overall size of the park and whether there is good area for the scattering that would be away from lakes and streams and not bother other park visitors. Also, the State Parks will not allow scatterings over an area where Native American Remains have been discovered. There is usually an application process that the family must complete, and A Journey With Wings can help with that. It usually takes about a week to obtain permission to scatter cremated remains over a California State Park.
National Parks have been less predictable than California State Parks. Ultimately, it is solely up to the Park Superintendent to determine if scattering over the park will be permitted. Some National Parks are very accommodating with scattering cremated remains, but others do not allow it at all. Some require a written letter requesting permission from the family, and others have a downloadable permit on their website to fill out and send in.
Nature Conservancies are independent of one another and do not have a standard policy. I have found that Nature Conservancies are often open to allow an aerial scattering over their property if the deceased had a connection to the area.
We have not had success getting written permission from National Forests or land managed by the Bureau of Land Management (BLM). Neither agency is against scattering cremated remains, but they will not give written permission. Therefore, scattering over National Forest or BLM land in California is not possible at this time. It could be possible to scatter over these types of areas in states that do not require written permission from the property owner or governing agency.
We hope this information is helpful. Please reach out to us if you have any questions about specific locations and we will try to help.