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 Not Currently Legal in South Dakota

South Dakota has not legalized alkaline hydrolysis. Under SDCL 34-26A-1, cremation is defined as using heat and flame to reduce human remains to ashes and bone fragments, followed by pulverization. House Bill 1307's 2022 proposal to include alkaline hydrolysis in that definition failed.

South Dakota's existing cremation statutes do not authorize aquamation in the state. Families pursuing it must arrange transport to a provider in a state where it is legal and confirm that provider's receiving-state requirements.

The legal status is clear: aquamation is not currently authorized in South Dakota. A provider offering alkaline hydrolysis must be outside the state.

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 lack of authorization means the process must be arranged across a state line.

The South Dakota Funeral Laws & Consumer Rights Guide explains South Dakota's current aquamation status, the transport paperwork, and the traditional cremation rules that apply to in-state cremation.

If You Choose Aquamation, Plan for Out-of-State Disposition

Because aquamation is not currently authorized in South Dakota, plan for an out-of-state provider and coordinate these requirements:

South Dakota transport paperwork. A disposition permit under SDCL 34-25-24 is required before remains are removed from the state.

South Dakota preservation rules. While remains are in South Dakota, an unembalmed body must be embalmed, refrigerated, or buried within 24 hours under ARSD 20:45:02:07.

Receiving-state requirements. The aquamation provider must follow the receiving state's licensing, authorization, waiting-period, and disposition rules. Confirm them with that provider before transport.

Finding an Aquamation Provider Outside South Dakota

Alkaline hydrolysis is not legally available under current South Dakota statutes. South Dakota is a sparsely populated state with a relatively small funeral industry, and aquamation equipment represents a significant capital investment.

If aquamation is a priority, contact providers in states where it is legal to ask whether they offer the service. Transporting remains to a neighboring state adds cost and coordination to the process.

Given the growing interest in eco-conscious disposition options, availability is likely to increase over time in states where aquamation is legal.

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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