Where can you legally scatter human ashes in Kansas? What state, federal laws say

If you’re wanting to scatter the ashes of a loved one in Kansas, you may be wondering if there are certain laws you need to follow.

According to legal blog Nolo, there are no specific laws in place in Kansas restricting where you can spread ash remains, but you should use common sense when choosing a spot.

Cremation remains an increasingly popular choice in the U.S., according to the National Funeral Directors Association. The 2023 cremation rate was 60.5%, compared to a burial rate of 34.5%. The association reports the average cost for a funeral with a viewing and cremation in Kansas is $6,713, while the average cost of a funeral with a burial is $8,755.

If you opt for cremation, some common places to scatter ashes include established scattering gardens, your own private property and public property. You should always double-check zoning laws if you plan on scattering on public property, and always get permission if you want to use someone else’s property.

There are also no state laws regarding scattering ashes by air, as long as you don’t drop anything that could cause harm to person or property.

If you are considering scattering on federal property, like a national park or historic site, there is a process to follow to get approval from the National Park Service.

For those traveling outside Kansas to spread a loved one’s ashes at sea, there are also some regulations to follow. You can do this as long as you’re 3 nautical miles from land and notify the U.S. Environmental Protection Agency within 30 days of scattering the ashes.

Are there any other burial laws in Kansas?

There are several other laws regarding funerals in the state to keep in mind.

In Kansas, a casket is not legally required for burial or cremation, but certain cemeteries and service providers may require it, Nolo says.

Federal law also says while some funeral homes try to get people to purchase caskets direct from them, all funeral homes have to accept any casket, even if it wasn’t purchased directly.

It’s also possible to bury bodies on private property in Kansas, but all zoning laws should be double-checked with the county clerk. If a body is buried at a private home, you should file the location to the property deed so future owners are aware.