Surprising Facts About Scattering Cremated Remains in Utah Waterways

Standards for placement of residual remains of cremation or alkaline hydrolysis are primarily outlined in Utah Code § 58-9-611 & 617. Below is more guidance so you can scatter without worry.

What Is Considered Improper or Illegal?

According to Utah Code, the following actions would be considered improper or unlawful:

• Scattering without Processing: Under state law, for remains to be scattered on public land or waterways, they must be reduced to a particle size of one-eighth inch or less. Scattering large bone fragments or unpulverized remains is improper.   

  
  

• Scattering on Private Property Without Consent: It is illegal to scatter remains on private land without the written consent of the property owner. If you are using a funeral home to facilitate the scattering, they are legally required to see this written permission first.

• Dropping Containers from the Air: While aerial scattering is legal, federal aviation laws and state safety standards prohibit dropping the urn or container itself, as it could cause harm to people or property below.

• Scattering in Restricted National/State Park Areas: Many parks, such as Bryce Canyon, and Arches require a permit. The permit simply informs those scattering processed remains where/where not to do so (such as on or near park features), to not advertise the ceremony, to not leave containers nor memorials. The Federal Bureau of Land Management is generous when it comes to non-commercial scattering of remains and offers this guidance document to national park managers to help them decide on rules for their individual park circumstances.
  

Proper Disposal Methods in Utah

To ensure you are compliant with the law, remains should be handled in one of the following ways:

Location Type	Legal Requirement
Cemeteries	Placement must be in a crypt, niche, grave, or a dedicated scattering garden.
Public Land	Allowed on "uninhabited" public land, provided you check for local county or city restrictions. (A deep dive into all of the cities ordinances within Utah County found no restrictions.)
Waterways	Must follow federal guidelines (e.g., scattering at sea must be 3 nautical miles from shore). The primary concern of Utah's Division of Environmental Quality is preventing the discharge of "pollutants" or "waste" into state waters. Their Opinion: From a regulatory standpoint, human cremated remains are generally not classified as a hazardous substance or "pollutant" under the Clean Water Act. National Park Service: Most parks in Utah (like Zion or Canyonlands) require a Special Use Permit to scatter ashes in or near water. (instructing permit holders to scatter discreetly, away from high-traffic areas, and only in approved zones.
Private Land	Requires explicit written permission from the owner.

Research by the Funeral Consumers Alliance of Utah

The high ph of cremated remains means they are extremely alkaline (about 11.5, the same level as bleach) and the sodium content can be 1 to 1.5 cups of salt. This means a 200 pound person reduces to 7 lbs, with 3/4 lb being salt. If the remains are poured heavily on a plant it can first kills the plants leaves, then it's roots. If the remains of one person were buried all in one spot no roots at that depth can survive in that spot. This is why it is advisable to amend cremated remains or scatter as thinly as possible. How to amend cremated remains to reduce harm to plant life: https://www.after.com/articles/how-to-neutralize-cremation-ashes

Cremated Remains May Be Beneficial in Utah A 2022 report which includes a searchable map which breaks down all the pollutant problems in any body of water you want to look at. The report found that roughly 40% of assessed rivers, streams, and canals in Utah do not support their designated beneficial uses, with many of these impairments linked to low pH (meaning they are too acidic). Areas like Park City/Deer Valley, Wolf Creek, and portions of Heber City have reported waters having lowered ph levels, with some areas noted as having corrosion "time-bombs". Perhaps this is why Utah State doesn't generally discourage scattering in waterways. This this tool from the EPA to get more specific about which waterways would most appreciate your cremated remains:

This photo illustrates the categories you can evaluate using the EPA's waterways search tool

What are Funeral Homes Allowed to Do?

Funeral Homes: If a funeral home is left with unclaimed remains for more than 60 days, they may dispose of them in any legal manner except scattering, unless previously authorized. 

Some Funeral Directors dislike this caveat in Utah Code 58-9-611 because this means the final placement of the cremated remains has to cost money, and if the family is refusing to claim them or even communicate, then the family are likely unwilling to pay either. This section of Code lists authorized methods that Funeral Homes may dispose of cremated remains if they can get the family's permission:

• a crypt, niche, grave, or scattering garden located in a dedicated cemetery;

• scattering the cremated remains over uninhabited public land, the sea, or other public waterways subject to health and environmental laws and regulations; or

• any manner on the private property of a consenting owner.

Scattering remains is just one of the issues in the very good Senate Bill 61 at play in the 2026 Legislative session. We hope it will pass so that families and mortuaries will have greater clarity and freedom in action and commerce.