Where can you scatter a loved one’s ashes in Illinois? Here’s what the law says

Lauren Liebhaber
·2 min read
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As families become more transient and individuals become more aware of the negative impacts their end-of-life arrangements may have on the environment, cremation as opposed to burial is growing increasingly popular in the United States.

Cremation rates in the U.S. are expected to increase from about 60% in 2023 to 81% by 2045, according to the National Funeral Directors Association.

So, if you have the remains of a loved one, or likely will in the future, what can you do with them?

Depending on your faith, certain restrictions may apply. For example, Catholic families may keep a “minimal” part of the ashes in a place of significance to the deceased, but the remainder must be kept in a sacred place, according to guidelines updated by the Vatican in December.

For those with no religious ties, more options exist. If the stories out of Wrigley Field, Disney World and the New York City Metropolitan Opera teach you one thing, however, let it be that you can’t spread them just anywhere.

What Illinois law says about spreading ashes

  • Storing: You may store cremation ashes in a grave, crypt or niche, according to the Illinois Crematory Regulation Act.

  • Scattering areas: Ashes can be scattered in legally established areas, such as scattering gardens in a cemetery or a church.

  • Private land: Ashes can be scattered on your own property or on private property with the permission of the property owner.

  • Public spaces: Local ordinances may apply, so check with your local government before scattering ashes in public locations.

  • Land managed by the Department of Natural Resources: A permit is required to scatter ashes in state parks or on other lands managed by the DNR. A permit application must be submitted 14 days before the scattering date. If approved, there are several rules about how and where ashes can be scattered. Read more about those rules here.

  • Inland water or “water burial”: According to the Environment Protection Agency, the scattering of cremated remains in inland waters such as lakes, rivers and streams is not subject to federal regulation. However, state-specific requirements governing the scattering of cremated remains may exist. Contact the state environmental agency, health agency or mortuary board to determine any legal requirements.

  • By air: Illinois has no state law prohibiting scattering ashes by air, but only the ashes themselves can be dropped – nothing else that could potentially harm a person or property.

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