From Bayou to Beach: Where Can You Legally Disperse Ashes in Louisiana?
Louisiana offers a relatively flexible legal landscape for scattering the ashes of a loved one, as there are no specific state laws broadly restricting the practice. However, understanding the nuances of where ashes can and cannot be dispersed is crucial to ensure a respectful and lawful memorial.
Where You Can Legally Spread Ashes in Louisiana
The options for scattering ashes in Louisiana are numerous, provided certain permissions are secured. Private property is a viable option, but only with the explicit consent of the landowner—written permission is highly recommended.
Similarly, scattering on public lands, including state parks and forests, is generally allowed with written permission from the managing agency. National Parks, such as Jean Lafitte National Historical Park and Preserve, also permit scattering with a special use permit, requiring that you adhere to guidelines like maintaining distance from trails and waterways.
For those drawn to the water, scattering ashes at sea is legal under federal law, specifically the Marine Protection, Research, and Sanctuaries Act (MPRSA), managed by the EPA. The ashes must be scattered at least three nautical miles from shore, utilizing only biodegradable materials.
Notification to the EPA within 30 days is mandatory. Inland waterways like rivers and lakes are also permissible, though checking with local authorities for environmental regulations is advised.
Aerial scattering from a plane is another legal option, with no state laws prohibiting it, as long as the ashes are released without the container. Many cemeteries in Louisiana also provide designated scattering gardens, offering a peaceful and legal space for memorialization.
Where You Cannot Legally Spread Ashes in Louisiana
While Louisiana's laws are largely permissive, certain areas are off-limits or require caution. Scattering ashes on private property without permission is illegal and could lead to trespassing charges.
The same applies to public property where permission from the managing agency has not been obtained; this includes city parks or beaches where local ordinances might restrict scattering.
Furthermore, direct scattering on beaches or shorelines may be prohibited by local regulations due to environmental or public health concerns, even in the absence of explicit state laws.
Within national parks, scattering ashes too close to waterways (within 100 yards) or in other sensitive areas is strictly prohibited to protect the environment. It's also important to note that federal law prohibits scattering non-human remains at sea under the MPRSA.
In all cases, the best case scenario is to check with local authorities, as city or parish ordinances can impose additional rules. Ensuring discretion and respect for both the environment and other individuals is always recommended when choosing a scattering location.