Options in Your State: Which Disposition Methods Are Legal Where You Live

Flame cremation and casket burial are available nearly everywhere in the United States. Two newer options are not: water cremation and human composting. Which ones you can choose depends on your state, and on whether a facility is actually operating near you.

Last verified: October 7, 2026. We re-check this guide at least quarterly because laws are changing quickly and published lists disagree. There is also an interactive version where you can choose your state and see its options and nearby alternatives; this guide has the full reasoning.

The table

The table lists the 29 states that appear on at least one of two lists: the Cremation Association of North America’s (CANA) list of states where alkaline hydrolysis (water cremation) is legal, and the National Funeral Directors Association’s (NFDA) list of states where natural organic reduction (human composting) is legal.

State	Water cremation (CANA, Mar. 2026)	Human composting (NFDA, Sept. 2025)	Notes
Alabama	Yes	—
Arizona	Yes	Yes
California	Yes	Yes	Water cremation is legal; composting is legal but not effective until 2027.
Colorado	Yes	Yes	Composting law restricts what can be done with the soil.
Connecticut	Yes	—
Delaware	—	Yes
Florida	Yes	—
Georgia	Yes	Yes
Hawaii	Yes	—
Idaho	Yes	—
Illinois	Yes	—
Kansas	Yes	—
Maine	Yes	Yes
Maryland	Yes	Yes	Composting law passed 2024; first facility reported opening May 2026.
Minnesota	Yes	Yes
Missouri	Yes	—
Nevada	Yes	Yes
New Jersey	—	Yes
New York	—	Yes	Composting is listed by the NFDA; water cremation is not on CANA’s list, so confirm.
North Carolina	Yes	—
Oklahoma	Yes	—	A composting bill was reportedly vetoed in May 2026.
Oregon	Yes	Yes
South Carolina	Yes	—
Tennessee	Yes	—
Utah	Yes	—
Vermont	Yes	Yes
Washington	Yes	Yes	First state to legalize composting (2019).
West Virginia	Yes	—
Wyoming	Yes	—

How the 29 break down: 11 states allow both, 3 allow only composting (Delaware, New Jersey, New York), and 15 allow only water cremation.

What about the other 21 states?

These 21 states appear on neither list: Alaska, Arkansas, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Texas, Virginia, Wisconsin. That doesn’t necessarily mean a method is “banned.” In most states it simply hasn’t been authorized, and one 2026 provider guide reports bills introduced in about 15 additional states. Laws change, so check before you decide.

Our sources also disagree in places. An older provider tracker listed North Dakota as permitting water cremation, but CANA’s March 2026 list does not include it. Where sources conflict, we follow the named lists from CANA and the NFDA and tell you to confirm.

Texas

Texas appears on neither list:

• Water cremation is not legal. State law doesn’t include it in the definition of cremation, and bills to change that, including SB 1327 in 2025, died; see what water cremation is and how it differs
• Human composting is not authorized, according to a 2026 Texas provider guide, and we found no Texas statute authorizing it; see what human composting is and where it’s legal

Texas families can choose burial, green burial at cemeteries that offer it, flame cremation, and donation to science programs, and can look at transport to a facility in another state: can a body be moved to another state.

“Legal” vs. “available”

Even where a method is legal, you may not be able to use it:

• CANA says some states lack an operating water cremation provider despite legalization, and there are only about thirty practitioners nationwide
• California’s composting law doesn’t take effect until 2027
• Maryland took about a year and a half after its 2024 law to develop regulations, and its first composting facility was reported opening in May 2026

So the question isn’t only “is it legal in my state?” but “is there a licensed facility I can use, and what will it cost?”

How to check your own state

1. Start with the two lists above, and with the NFDA’s state-by-state chart and CANA’s map
2. Call a local funeral home and ask, “Do you offer or arrange water cremation or composting, and where is the nearest facility?”
3. Check your state funeral board or department of health for the current rules
4. Ask for itemized prices, including any out-of-state transfer
5. Ask whether the facility is licensed in the state where it operates

Add this to your Final Day Plan: your preferred method, whether it’s available where you live, and whether your family may arrange transport out of state.

This is general information, dated October 7, 2026, and not legal advice. State laws change; confirm with your state funeral board or a licensed funeral director.