Burial at Sea: What the Rules Actually Allow

For many people, the sea is the right place. It can also be the most misunderstood option, because the rules sound either stricter or looser than they are. The main rule is federal, it’s the same on every coast, and it’s simpler than most families expect.

Is burial at sea legal?

Yes. The EPA has issued a general permit under the Marine Protection, Research and Sanctuaries Act that authorizes burial of human remains at sea, both cremated remains and whole-body burial. It’s published at 40 C.F.R. 229.1.

• No application or prior notice to the EPA is required
• No EPA fees, either for the permit or for the notification afterward
• You must notify the EPA within 30 days after the burial, using EPA’s online Burial at Sea Reporting Tool. The report goes to the EPA region from which the vessel carrying the remains departed, and you don’t send a death certificate with it

The permit may be used by anyone transporting human remains from the United States for burial at sea, anyone operating a U.S.-registered or U.S.-flagged vessel or aircraft, and U.S. government agencies. It isn’t available for remains brought from another country to be buried within 12 nautical miles of the U.S. shore, which would need a special permit.

How far out, and how deep?

• Cremated remains: at least three nautical miles from land, in or on ocean waters of any depth
• Whole-body (non-cremated) remains: at least three nautical miles from land and in water at least 600 feet deep. In certain areas, specifically east central Florida, the Dry Tortugas, and west of Pensacola to the Mississippi River Delta, the minimum is 1,800 feet. All necessary measures must be taken so the remains sink rapidly and permanently

“Land” is measured from the ordinary low water mark or a closing line across the mouths of bays and rivers, not from the nearest beach you can see. A charter captain will know the local numbers, but ask them to confirm the distance.

What is not allowed?

The EPA says the general permit does not allow:

• Burial within three nautical miles of shore
• Non-human remains, including pets. Pet ashes can’t be mixed with human cremated remains for burial at sea. See can human and pet ashes be mixed
• Materials that won’t readily decompose in the sea, such as plastic or metal flowers and wreaths, tombs, gravestones, monuments, and artificial reefs
• Putting cremated remains into a monument or reef structure to sink
• Using a balloon, rocket, or similar device to carry remains, since the device itself would be disposed of
• Burning a boat or building a floating funeral pyre

Flowers and wreaths made of materials that decompose readily in seawater are fine. Cremated remains may also be buried in a container if scattering on the surface isn’t appropriate, for example in high wind. The EPA says the container must contain no plastic, must not float, and ideally should degrade or dissolve fairly quickly.

How should a body or casket be prepared?

For whole-body burial, the EPA’s instructions are recommendations meant to ensure rapid, permanent, intact sinking:

• Without a casket: wrap the body in a natural-fiber shroud and add extra weight, such as a steel chain
• With a casket: remove plastic, consider a metal casket (as the Navy uses), drill at least twenty 2-inch holes (8 on top, 8 on the bottom, and 2 at each end), add weight such as sand or concrete (not lead) for a total of at least 300 pounds, and band it with at least six durable stainless steel bands, chains, or natural-fiber ropes. Commercial shipping straps deteriorate quickly and shouldn’t be used

EPA notes that remains should be prepared in line with practices that the Navy, Coast Guard, or other civil authority consider appropriate. Whole-body burial is more involved than releasing ashes: the Navy, for example, accepts casketed remains at only two ports.

Do state laws matter?

Less than people assume, but they matter on land. The EPA says states can’t authorize ocean burials or relax the three-nautical-mile requirement, though they can regulate inland waters such as lakes, rivers, and bays. State and local rules may also apply to transporting remains on land, for example before you reach the boat. Permit and transport rules differ by state. In D.C., for instance, the funeral director must get additional authorization from the Office of the Chief Medical Examiner before a cremation or burial at sea. See who can authorize cremation in D.C. and, for the general question of scattering on land and water, where ashes can be scattered.

Who can carry out a burial at sea?

You can use your own boat or one you’re authorized to use, or hire a charter operator. Many offer burial at sea and some specialize in it. We didn’t find a reliable national price, so ask for an itemized quote, including how many family members can come and whether the operator files the EPA report. Remember that you are responsible for the EPA notification if the operator doesn’t handle it.

What about veterans and the Navy program?

The U.S. Navy performs burial at sea aboard naval vessels. Eligible people are:

• Members of the uniformed services
• Retired members
• Former members honorably discharged
• U.S. civilian marine personnel of the Military Sealift Command
• Dependents of members and of former members

What to know before you apply:

• Family can’t attend. The service takes place while the ship is deployed. The commanding officer notifies the family of the date, time, and longitude and latitude after the committal
• It’s slow. The Navy says the average wait is 12 to 18 months after the remains are received at the port of embarkation
• How to start: after the death, the primary next of kin contacts the Navy (the MyNavy Career Center, 1-833-330-6622) to get the packet. It must include the death certificate, the burial transit permit or cremation certificate, and the DD Form 214, discharge certificate, or retirement order
• Burial flag: required for committal services aboard Navy vessels (except for dependents), and returned to the next of kin afterward in a ceremony package. See military burial flags
• Ashes: must be in an urn or temporary container, preferably spun brass or biodegradable, and mailed only by Priority Mail Express. The Navy says families should avoid plastic
• Casketed remains: only Norfolk, Virginia, and San Diego, California, accept them, and the person authorized to direct disposition pays all the associated expenses

For other benefits, see our veterans burial benefits guide and military funeral honors.

What should I do next?

1. Decide between ashes and whole-body burial, because they have very different requirements
2. If the person is a veteran or dependent, call the Navy first to compare it with a private charter
3. For a private burial, hire an operator who knows the EPA rules, and get the three-mile distance and EPA report in writing
4. Check any state or local rules for transporting remains, especially for whole-body burial
5. File the EPA report within 30 days, and keep a copy

Add this to your Final Day Plan: whether you want burial at sea, who should arrange it, and, if you’re a veteran, a copy of your DD Form 214 where your family can find it.

Federal rules can change, and state and local rules vary. This is general information, not legal advice; the EPA’s regional contacts, your funeral director, and (for veterans) the Navy can confirm what applies.