Aquamation in South Dakota: Is Alkaline Hydrolysis Legal?

Aquamation — also called alkaline hydrolysis or water cremation — has become one of the most discussed alternatives to traditional flame cremation. It uses water, heat, pressure, and an alkaline solution to reduce soft tissue, leaving behind bone fragments similar to those from conventional cremation. Families interested in aquamation in South Dakota have faced conflicting information about its legal status. Here is what the statute currently says and what it means for families making end-of-life plans.

Aquamation Is Legal in South Dakota

South Dakota legalized alkaline hydrolysis through a direct amendment to the statutory definition of cremation. Under SDCL 34-26A-1, cremation is currently defined as the reduction of human remains to bone fragments "using heat or alkaline hydrolysis." By incorporating alkaline hydrolysis within the definition of cremation itself, South Dakota brought the process into the same legal framework as flame cremation — no separate permitting category, no additional regulatory chapter needed.

This was a legislatively efficient approach. The existing cremation statutes, with their 24-hour waiting period, authorization form requirements, disposition permit rules, and tracking requirements, now apply equally to aquamation.

The legal status is clear: aquamation is not a gray area in South Dakota, and it is not prohibited. A provider offering alkaline hydrolysis operates under the same licensing requirements as a traditional crematory.

How Alkaline Hydrolysis Differs From Flame Cremation

Both processes reduce the body to bone fragments, which are then processed and returned to the family in much the same way. The differences are in the mechanism:

Flame cremation uses a high-temperature retort — typically 1,400 to 1,800 degrees Fahrenheit — to incinerate soft tissue. The process takes two to three hours and produces fine bone ash.

Alkaline hydrolysis uses water heated to approximately 300 degrees Fahrenheit under pressure, combined with potassium hydroxide (lye), to accelerate the natural chemical decomposition of soft tissue. The process takes four to sixteen hours depending on the equipment and method used. The result is a bone matrix similar to flame cremation — the bones are then processed into a fine powder and returned to the family.

The effluent — the liquid byproduct of the process — is the primary environmental distinction. Proponents argue it is a sterile, safe liquid that can be processed through standard wastewater systems. The environmental footprint of alkaline hydrolysis is generally considered lower than flame cremation in terms of energy use and emissions.

For families whose interest in aquamation is environmental — minimizing the carbon footprint of final disposition — South Dakota's legal recognition of the process removes the primary obstacle.

The South Dakota Funeral Laws & Consumer Rights Guide covers both aquamation and traditional cremation within South Dakota's legal framework, including the authorization and waiting period requirements that apply to both.

The Same Rules Apply as Flame Cremation

Because aquamation is legally defined as cremation under SDCL 34-26A-1, every rule governing flame cremation applies:

24-hour waiting period. Under SDCL 34-26A-13.1, a body cannot undergo alkaline hydrolysis until at least 24 hours have elapsed since the pronounced time of death. This waiting period applies the same as it does for flame cremation.

Cremation authorization form. Under SDCL 34-26A-6.1, the highest-priority individual under the SDCL 34-26-75 hierarchy must sign a cremation authorization form before the process begins. The form covers identity verification, medical implant disclosure (pacemakers, radioactive devices), and designation of who receives the remains.

Coroner release for investigated deaths. If the death was unattended or subject to coroner investigation, a written coroner release is required before the process can begin.

Continuous tracking. Under SDCL 34-26A-19, a tracking system must be maintained throughout the process to ensure the correct remains are returned to the family.

Disposition permit. A burial transit permit under SDCL 34-25-24 must be obtained before any disposition — including alkaline hydrolysis — can occur.

30-day wait before scattering ashes. The same rules that govern scattering of flame cremation remains apply to aquamation remains: the remains must be processed to 1/8-inch particle size, a 30-day waiting period applies after the process, and a verified statement must be filed with the local registrar before scattering.

Finding an Aquamation Provider in South Dakota

Alkaline hydrolysis being legally permitted does not mean it is universally available. South Dakota is a sparsely populated state with a relatively small funeral industry, and aquamation equipment represents a significant capital investment. Not all crematories have made that investment.

If aquamation is a priority, contact crematories directly to ask whether they offer the service. Some families in states with limited availability choose to transport remains to a neighboring state where aquamation services are established, though this adds cost and coordination to the process.

Given the growing interest in eco-conscious disposition options and the legal clarity now established in South Dakota, availability is likely to increase over time.

For families comparing aquamation to flame cremation, green burial, or other options — and wanting to understand how each fits within South Dakota's legal framework — the South Dakota Funeral Laws & Consumer Rights Guide provides a complete overview of all available disposition methods and their specific legal requirements.

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