Is Scattering the Ashes of Loved Ones Legal in Massachusetts?

Traditional views about funerals and burials are changing in Massachusetts and elsewhere. As a result, cremations are growing in popularity.

Neptune Society, which has helped families plan cremations since 1973, says, "This substantial increase in popularity is due to significant changes in the religious expectations, geography, beliefs, and families of many Americans."

The site suggests that with the greater mobility of families, family cemetery plots make less sense to many.

Cremation also eases pressure on family members who live far away to travel for a traditional "open casket funeral" since memorial services can occur "when more people can make travel plans to attend."

Neptune Society says cremation may be more environmentally friendly than a traditional burial.

The Massachusetts Department of Public Health says, "There are generally two options for final disposition of a body in Massachusetts: cremation or burial in an approved cemetery."

"Cremation must occur in a crematory approved by both the Massachusetts Department of Public Health and by the Massachusetts Department of Environmental Protection, and burial must occur in a cemetery that has been approved by the local board of health and authorized by the municipal government (e.g., town meeting)," according to the DPH.

Massachusetts law further states that "The body of a deceased person shall not be cremated within 48 hours after his decease unless he died of a contagious or infectious disease." The law also requires that all necessary permits and paperwork are in order before a cremation can proceed.

There are separate regulations governing green burials, burials at sea, and home burials. The regualtions are at Mass.gov.

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The Living Urn says, "In many states, including Massachusetts, there are no laws that place restrictions on scattering the ashes in your yard or on other property you own." The site says there may be restrictions in individual communities. They recommend you get permission before scattering ashes on someone else's property.

My colleague Tim Weisberg recently wrote about the legalities of burial at sea.