Scattering Ashes in New Hampshire: Laws, Rules, and Locations

New Hampshire has no state law that directly prohibits scattering cremated remains. But that does not mean there are no rules — it means the rules come from multiple overlapping sources depending on where the scattering takes place. Get this wrong and you are looking at trespass violations, federal environmental infractions, or having remains removed by groundskeepers who didn't know they were there.

Here is how the legal framework actually works.

Cremated Remains Are Classified as Personal Property

After cremation, the remains — commonly called ashes — are legally classified as harmless personal property in New Hampshire. The extreme heat of the cremation retort eliminates any biological hazard. Because of that classification, state law places virtually no public health restriction on how you store or scatter them. The analysis shifts entirely to property rights, land jurisdiction, and federal environmental regulations.

Scattering on Your Own Property

If you own the land, you can scatter remains on it. There are zero legal impediments to scattering on private property that belongs to you. This is the simplest scenario.

Scattering on Someone Else's Private Property

If you want to scatter remains on land owned by another person — a beloved family farm, a private estate, the grounds of a private club — you need explicit prior permission from the landowner. Without it, entering the property to scatter remains constitutes trespassing, and depositing material on private land without consent can be treated as unlawful dumping under local ordinances.

Get permission in writing, ideally with the date and approximate location noted. A text message works. The point is documentation.

Scattering in the White Mountain National Forest

The White Mountain National Forest covers more than 750,000 acres across northern New Hampshire. The federal Bureau of Land Management generally considers the non-commercial scattering of cremated remains by private individuals to be "casual use" of public land — meaning it does not require a formal permit.

That said, certain areas within the National Forest carry additional restrictions: designated wilderness areas, protected historical sites, or high-traffic recreational zones near trailheads and summit shelters may have site-specific policies. The practical guidance here is to scatter in a dispersed location away from developed recreation areas, and if you plan something near a notable summit or maintained shelter, call the White Mountain National Forest office in advance to confirm no local policy applies.

You cannot scatter near or in a National Forest campground or organized recreation site without specific authorization.

Scattering on Lake Winnipesaukee and Other Inland Waters

For inland water scattering — Lake Winnipesaukee, Squam Lake, the Merrimack River, any of New Hampshire's lakes and ponds — the state imposes no meaningful restrictions. The remains are chemically harmless, and inland water scattering sits in a regulatory gap at the state level.

The practical consideration is access: if you are scattering from a dock or shoreline on private property, you still need permission from the landowner. If you are accessing a public boat ramp or public shoreline, you are generally fine.

Avoid dropping non-biodegradable materials — plastic bags, metal ID tags, decorative items — into the water. The ashes themselves are not a problem; foreign materials can be.

Ocean Scattering: Federal Rules Apply

For ocean scattering off the New Hampshire coast or anywhere in the Atlantic, the controlling law is federal. The Environmental Protection Agency (EPA) regulates ocean scattering under the Marine Protection, Research, and Sanctuaries Act and the Federal Clean Water Act.

The rules are specific:

• Remains must be scattered at least three nautical miles from the shoreline. Scattering closer than three miles — including from wading beaches, estuary openings, or visible shoreline — is prohibited.
• Only the cremated remains themselves may be released into the ocean. Dropping a plastic urn, metal identification tag, artificial flowers, or other non-biodegradable materials into the water is prohibited.
• Within 30 days of the ocean scattering, you must report the event to the EPA Regional Administrator via the EPA's online reporting form. The report requires the date, location (latitude and longitude coordinates), and the name of the vessel used if a boat was involved.

Failure to report is a violation of federal law. The report itself is simple — it takes minutes online — but it is mandatory.

Scattering in a Cemetery

If you want to scatter remains over the grave of a previously buried relative in a municipal or commercial cemetery, you need explicit permission from the cemetery trustees. You cannot simply do it quietly and assume no one will notice. Cemetery groundskeepers conducting routine turf maintenance will often remove unidentified ash deposits, and unauthorized scattering can create legal complications for the cemetery.

Most cemeteries will grant permission upon request, sometimes for a small fee. Ask the cemetery office and get the approval documented.

A Note on Aerial Scattering

Federal aviation regulations permit the aerial scattering of cremated remains from an aircraft over uninhabited areas. What they prohibit is dropping the container. Only the ashes themselves can be released; the urn, bag, or other receptacle stays in the aircraft.

Planning a scattering in New Hampshire involves more than choosing a location. The New Hampshire Funeral Laws & Consumer Rights Guide covers disposition rules — including cremation timelines, burial transit permits, and what families need to handle remains legally from the moment cremation is complete.

See more New Hampshire guides →