Can You Legally Scatter Your Loved Ones Ashes in New York State?

It's a bit morbid to think about, but if you're planning on spreading your loved ones ashes in New York State you should probably know the rules.

Because, shocker, there are a few.

Where Can I Legally Spread Ashes in New York State?

While there are a few rules and regulations when it comes to spreading ashes in New York State, for the most part, the state is pretty lenient.

According to Nolo.Com, an extensive library of legal articles, there are "no state laws controlling where you may keep or scatter ashes." They add the obvious that ashes can be stored in crypts, graves, or containers at home.

Nolo goes on to explain that in New York State there are many options when it comes to scattering ashes but to use "common sense" and not to spread ashes in places where it would "be obvious to others."

Is Scattering Ashes in the Hudson River Legal?

Maybe a New Yorker wants to have their ashes scattered in the Hudson River, it looks like that is legal. All NYC Yacht explains "You may scatter ashes in the ocean, Hudson River, the East River, and other areas of NY Harbor" However, in some locations you may need a permit.

We looked deeper into it at Nolo and learned that yes, you can scatter ashes in the Hudson River or other waterways in New York State, but "The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land."

Also, the EPA does not permit scattering at beaches or in wading pools. If you do choose to scatter ashes at sea:

"You must notify the EPA within 30 days of scattering ashes at sea."

Don't Spread Ashes at New York State Parks

On another note, if you were thinking about scattering the ashes of a loved one in a New York State Park...think again.

The New York State Parks website breaks down the law writing "Ashes cannot be released in NY State Parks" and that's according to the "NYS OPRHP Regulations, 9 NYCRR Title 9, Subtitle I § 375.1 Prohibited Activities (C)."

The reason? Because "ashes are a form of inorganic material and therefore cannot be dispersed or left on any NY State Parks property."

However, if it's approved by the OPRHP, you're good to go.

If you were to have your ashes scattered in New York State, knowing the laws, where would you want them?

Speaking of New York State Parks, check out some of the most popular ones to visit (and not scatter ashes on):