Cremation…and then what?
In January of 2006, author Kris Radish published her light-hearted, thought-provoking novel called Annie Freeman’s Fabulous Traveling Funeral: A Novel. After Annie Freeman dies of cancer, her dear friend Katherine receives a package containing a pair of red sneakers filled with Annie’s ashes. Annie’s final wish is that Katherine lead a traveling funeral to scatter her ashes in places that were significant in her life. Katherine gathers the five women appointed to carry Annie’s ashes and together they set out on a road trip scattering the ashes at places that were significant in Annie’s life. The women come to know Annie and each other in new and profound ways. In the 18 years since the novel’s publication, cremation has grown more popular and personally styled funerals are becoming the norm. What seemed far-fetched and humorous in 2006, is likely in 2024.
According to Statista Research Department, the cremation rate in the United States increased steadily between 1975 and 2023. This figure is forecasted to grow to 65.2 percent by 2027.* Several considerations, including ecology, finances, and religious/spiritual acclimatization have contributed to the increase. Indeed many more people in my personal and professional life are pre-planning their funerals to include cremation.
What I find curious is the significant number of people considering cremation who have yet to make a plan for disposition of their ashes. When someone tells me they are going to be cremated, I follow it with the question: “What is the plan for your ashes? Many people respond, “I’m not sure, I haven’t thought about it.” As we become more comfortable pre-planning our after-life care, we must become more knowledgeable about the options for disposition of the body. Many people still opt to bury ashes in an urn in their family plot at a cemetery or in a niche at the cemetery. Some keep their loved one’s ashes in an urn in their home. Still others wish to be scattered like Annie Freeman at a place significant to their lives.
The law varies in each state, but generally there are several options for disposition of ashes. Massachusetts state law says that cremated remains may be “deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law.”
Additional information on Massachusetts law and cremated remains is found on at https://www.nolo.com/legal-encyclopedia/burial-cremation-laws-massachusetts:
If you wish to scatter ashes, you have many options. Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, developed areas, campsites, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, including the contact information for the EPA representative in Massachusetts, see the EPA’s page on Burial at Sea.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
In 2006 when I first read Radish’s tale of Annie’s traveling funeral, I loved the idea. At the time I knew nothing of funeral laws, and I was many years away from having to think about my death. Now closer to the reality of dying, the practicality of having my now elderly friends travel with my ashes seems a bit inconsiderate. My love of the earth and ecological concerns still shape my decision to be cremated. I am planning the Living Urn in which my ashes are mixed in a biodegradable urn that is combined with a tree or bush and planted.
As with other matters of after-life care, the kindly thing is to make a decision and a plan for that decision to be carried out. Pre-planning is one of the greatest gifts we give to our survivors who during their grief have one less worry. Choosing cremation involves a plan for disposition of the ashes and your local funeral director can help you make a plan. At Miles Funeral Home, Amber Ditommaso is well prepared to assist with this matter.
