The Legality of Scattering

As of January 1, 1999, the State of California has deemed it legal to scatter cremated remains (ashes) over land as long as you have written permission from the landowner or governing agency. This means we can scatter over Mountains, Deserts, State Parks, National Parks, and Nature Conservancies with permission. A Journey with Wings has obtained blanket letters to perform our services over some of Southern California's most beautiful locations. We will help your family in obtaining permission for other locations.

For your reference, Assembly Bill 1705 (Chapter 614, Statutes of 1998), adds Section 7116 to the Health and Safety code as follows:

"Cremated remains may be scattered in areas where no local prohibition exists, provided that the cremated remains (ashes) are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the cremated remains (ashes) has obtained written permission of the property owner or governing agency to scatter on the property. A State or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing, consistent with this section, or specifically prohibiting, the scattering of cremated human remains on lands under the agency's jurisdiction. The scattering of the cremated remains (ashes) of more than one person in one location pursuant to this section shall not create a cemetery pursuant to Section 7003 or any other provision of law."

Concerning the release of cremains at sea, the Health and Safety Code 7117 reads as follows:

"For purposes of this section, the phrase "at sea" includes the Inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Nothing in this section shall be construed to allow the scattering of cremated human remains from a bridge or pier." This means that scattering at sea can take place close enough to a shoreline that family and friends can watch from the comfort of a beach or pier.