Can you scatter ashes anywhere in Kentucky? What state law says about the practice

Americans are increasingly choosing cremation over traditional burials, with a lower cost and growing acceptance contributing to the shift.

If you’ve considered cremation as part of your own or your loved one’s funeral plans, Kentucky has a few requirements that, while relatively straightforward, you should be mindful of, including proper disposal of remains.

Here’s what state law says about disposing of cremated remains in Kentucky.

Where can you scatter cremated remains in Kentucky?

State law lays out requirements for where someone can dispose of cremated remains in Kentucky. Specifically, Kentucky Revised Statute 367.97524 (2) states cremated remains shall be placed in a grave, crypt or niche, such as that of a columbarium for storing funeral urns.

They may also be scattered in a designated scattering area.

A designated scattering garden located within the Lexington Cemetery on West Main Street, Sept. 13, 2023. Marcus Dorsey/mdorsey@herald-leader.com
A designated scattering garden located within the Lexington Cemetery on West Main Street, Sept. 13, 2023. Marcus Dorsey/mdorsey@herald-leader.com

KRS 367.97524 defines a scattering area or garden as “an area which may be designated by a cemetery and located on a dedicated cemetery property where cremated remains which have been removed from their container can be mixed with or placed on top of the soil or ground cover.”

Of course, state law also provides such remains may be scattered on private property with permission from the property owner.

What about on federal land, such as national parks and forests?

The National Park Service allows for the scattering of ashes on park land, however, you must first acquire a permit to do so.

Some requirements laid out by the NPS are:

  • You may scatter ashes on land only and away from cultural features in a place that will not interfere with other park visitors. “We recommend conducting your memorial early in the day, when there will be fewer crowds and more privacy,” the NPS website reads.

  • Leaving any monument, cairn or other marker at the site is not allowed.

  • You may not bury human ashes at the site.

  • Any party of people you bring with you should be limited to six.

  • You must honor other general NPS rules and regulations.

Other park-specific rules may also apply, so be sure to check with the park’s officials while planning your memorial.

Can I cremate my pet in Kentucky?

Pets can also be cremated and have remains spread in the Bluegrass State, and there are businesses that offer such services. to pet owners. In fact, many Kentucky Derby winning horses have been cremated, and their ashes have been interred at memorials.

The rules for scattering animal remains are the same as those for scattering human remains, given the state’s law does not distinguish between the two.

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