Scattering Ashes in New York State — A Complete Guide

May 14, 2025

Everything New York families need to know about ash scattering laws, cemetery scattering gardens, NYC parks, New York Harbor, and cremation options across the Empire State.

If you are thinking of scattering ashes in the state of New York, it may be helpful to know the official symbols:

State Flower: Rose 🌹
State Tree: Sugar Maple 🍁
State Bird: Eastern Bluebird 🐦
State Animal: Beaver 🦫
State Fish: Brook Trout 🎣
State Gem: Garnet 💎
State Fossil: Eurypterus remipes (a prehistoric sea scorpion) 🦞
State Insect: Nine-Spotted Ladybug 🐞
State Beverage: Milk 🥛
State Fruit: Apple 🍏
State Muffin: Apple Muffin 🍏🧁
State Snack: Yogurt 🍦

How Prevalent Is Ash Scattering in New York State?

The practice of scattering ashes has become increasingly popular in New York State, reflecting a broader national trend toward cremation and personalized memorials. Nationally, cremation rates have climbed from approximately 25% in 1999 to over 60% today. New York's vast and varied landscape — from New York Harbor and the Atlantic coast to the Hudson Valley, Finger Lakes, Catskills, and the six-million-acre Adirondack Park — provides countless meaningful settings for families honoring a loved one's final wishes.

However, New York State has an important and frequently misunderstood legal distinction between NYC Parks and New York State Parks that every family must understand before making any plans. These are entirely separate systems with entirely different rules — and they are opposite in what they allow.

New York Laws on Scattering Ashes

New York has no statewide law controlling where you may keep or scatter ashes on private property. The primary statutory references are:

N.Y. Pub. Health Law §§ 4140, 4142 — A funeral director must complete the death certificate and file it with the local registrar within 72 hours after the death.
N.Y. Pub. Health Law § 4202 — Governs the disposition of cremated remains. A funeral director, cemetery, or authorized person may place ashes in a grave, niche, scattering area, or scatter them elsewhere. If remains are unclaimed for 120 days after cremation, the holder may dispose of them in a lawful manner.
N.Y. Not-For-Profit Corp. Law § 1401(c) — Governs private burial on personal property (up to three acres, at a required distance from any dwelling).

Rules by location type:

Private Property: Permitted on your own land. If scattering on someone else's property, obtain permission from the landowner — ideally in writing.
NYC Parks (Central Park, Prospect Park, Riverside Park, etc.): NYC Parks explicitly permits the scattering of cremated remains on its land, with specific guidelines: remains must be finely processed and scattered to complete dispersal; no scattering into any body of water within a park; no scattering on playgrounds, athletic fields, hard surfaces, or heavily trafficked areas; no monuments, memorials, plaques, photos, or flowers left at the site. For groups of 20 or more, a Special Event Permit is required. Contact NYC Parks at (212) 360-3456 or visit nyc.gov/parks for permit information.
⚠️ New York State Parks (Adirondack Park, Catskill State Park, etc.): PROHIBITED. This is a critical distinction. Under NYS OPRHP Regulations, 9 NYCRR Title 9, Subtitle I § 375.1 (Prohibited Activities), ashes cannot be released in NY State Parks because ashes are classified as an inorganic material. This prohibition applies to all New York State Parks and historic sites managed by the Office of Parks, Recreation, and Historic Preservation. Many families assume the Adirondacks and Catskills are accessible scattering locations — they are not under State Parks jurisdiction. Contact NYSDEC or the managing agency for land status before making plans in any upstate area.
DEC Forest Preserve and State Forests: State Forest Preserve and DEC-managed land is governed separately from State Parks. Contact the relevant DEC regional office for guidance on these lands.
National Parks (Fire Island, Saratoga, etc.): A Special Use Permit from the relevant park superintendent is required. Contact the specific park directly — permits are generally free and straightforward. Requirements vary by park unit.
Atlantic Ocean and New York Harbor: Federal rules under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act require scattering at least three nautical miles from shore; biodegradable or separately disposed-of containers; no scattering at beaches or tidal pools; EPA Region 2 notification within 30 days. The EPA Region 2 Burial at Sea Coordinator can be reached at 290 Broadway, New York, NY 10007, or (212) 637-3796.
Hudson River and Inland Waterways: No state law prohibits inland water scattering, but the Clean Water Act governs it. A permit from the DEC or relevant waterway management authority may be required for formal inland water disposition.
Aerial Scattering: No state law restricts aerial scattering. Federal aviation law prohibits dropping any container — ashes must be removed before release.

Key statutes and resources:

Ash Scattering Gardens and Cremation Memorial Options in New York State

Knollwood Cremation Garden at Ferncliff Cemetery — Hartsdale (Westchester County)

Location: 280 Secor Road, Hartsdale, NY 10530 Phone: (914) 693-4700

Ferncliff Cemetery is one of the most historically and culturally significant cemeteries in the New York metropolitan area — organized as a non-sectarian membership corporation in 1902 and located in Westchester County's rolling hills. Ferncliff holds the only crematory in Westchester County and performs approximately 10% of all cremations in New York State. Its notable interments span culture, science, and public life: John Lennon, Aaliyah, Cab Calloway, Basil Rathbone, Nelson Rockefeller, Nikita Tesla, and Christopher Reeve were all cremated at or interred at Ferncliff.

The Knollwood Cremation Garden is Ferncliff's dedicated outdoor cremation memorial area — a beautifully landscaped garden of flowering trees, plants, and perennials created to serve families who choose cremation. It offers a wide range of permanent memorialization options: above-ground granite columbarium niches (community, planter, fountain, pedestal, and bench styles), a variety of ground burial options including individual and companion markers and curb estates in imported granites, and an underground ossuary for communal cremation burial — the ossuary is positioned as an affordable alternative to scattering, with shared granite cenotaph memorialization. The Knollwood Garden is a permanent memorial garden focused on interment and lasting memorialization rather than open-air ash broadcasting. Contact the cemetery directly to discuss current scattering options.

Website: ferncliffcemetery.com

Forest Lawn Cemetery — Buffalo

Location: 1990 Main Street, Buffalo, NY 14208 Phone: (716) 885-1600

Forest Lawn Cemetery is one of the first deliberately designed and professionally landscaped rural cemeteries in the United States, founded in 1849 by Charles E. Clarke and listed on the National Register of Historic Places. Its 269 acres in Buffalo serve as both an active cemetery and a public cultural institution — home to more than 165,000 interments, including President Millard Fillmore and First Lady Abigail Fillmore, Congresswoman Shirley Chisholm, singer Rick James, and inventor Willis Carrier. The cemetery offers historical tours, educational programming, and a genealogy archive described as the most comprehensive collection of cremation and burial documents in Western New York.

For ash scattering, Forest Lawn has transformed its "Last Forest" area — a wooded setting along restored Scajaquada Creek — into a dedicated cremation scattering zone that is among the most distinctive in Western New York. Two scattering options are available: community scattering, where ashes are placed in the ground in a shared, commingled space; and private scattering, where a family purchases a grave and ashes are scattered in privately held earth, layer by layer, ensuring only family members are scattered in that space. Both options come with the permanent protection of a dedicated, endowed cemetery — something no park, beach, or unprotected location can guarantee.

Website: forest-lawn.com

NYC Parks — New York City (Five Boroughs)

Contact: (212) 360-3456 Website: nycgovparks.org — Cremation Guidelines

New York City Parks explicitly permits the scattering of cremated remains across its network of parks — including Central Park, Prospect Park, Riverside Park, Inwood Hill Park, and hundreds of other green spaces throughout the five boroughs. This is a well-established, official policy confirmed on the NYC Parks website.

Rules to follow:

Remains must be finely processed (fully pulverized) and scattered to complete dispersal — no clumps or piles
No scattering into any body of water within a park
No scattering on playgrounds, athletic fields, restricted areas, developed facilities, hard surfaces, or heavily trafficked areas
No monuments, memorials, plaques, photos, flowers, or any markers left at the site
Groups of 20 or more require a Special Event Permit from NYC Parks before the ceremony
Comply with all posted park regulations and local, state, and federal guidelines

Important note: NYC Parks and New York State Parks are entirely separate systems. The State Parks prohibition on scattering does not apply to City-managed parks. Families should confirm the managing authority of any specific green space before making plans.

Scattering at Sea — New York Harbor and the Atlantic Ocean

For families seeking a maritime setting, scattering in New York Harbor or the Atlantic Ocean is a meaningful and legally accessible option. Multiple licensed boat services in the New York metro area facilitate maritime ash scattering ceremonies, often departing from Manhattan, Brooklyn, or Long Island marinas. Some services travel past the Statue of Liberty, Ellis Island, and the lower Manhattan skyline as part of the ceremony.

Federal requirements for ocean scattering:

Ashes must be scattered at least three nautical miles from shore
No scattering at beaches or in coastal tidal pools
Containers must be biodegradable or disposed of separately
Notify EPA Region 2 within 30 days of the scattering: 290 Broadway, New York, NY 10007 | (212) 637-3796
Use only biodegradable flowers or wreaths — no plastic items in the water

To find licensed sea scattering services, search for "burial at sea New York" or "ash scattering boat New York" — several established providers operate from NYC-area marinas.

Are There Mail-In Options for Ash Scattering Services?

Yes. New York families — or families anywhere who want to honor a loved one in a peaceful rural setting — may choose Farmstead Scattering Garden in Cambridge Springs, Pennsylvania. Cremated remains are mailed directly to the working farm, where they are scattered respectfully according to the family's chosen preferences. No travel is required.

Visit our service page at farmsteadscattering.com/collections/services, or call or text us at (814) 450-5432 to learn more.

Frequently Asked Questions About Scattering Ashes in New York

Is it legal to scatter ashes in New York?

Yes, with important location-specific rules. New York has no statewide law prohibiting ash scattering on private property. However, specific locations have their own rules — most critically, New York State Parks explicitly prohibit scattering under 9 NYCRR § 375.1, while NYC Parks explicitly permit it under official published guidelines.

Can I scatter ashes in New York State Parks like the Adirondacks or Catskills?

No. New York State Parks regulations prohibit the scattering of ashes under 9 NYCRR Title 9, Subtitle I § 375.1, classifying ashes as an inorganic material that cannot be dispersed or left on State Parks property. This is a common misconception — the Adirondacks are frequently cited as a favorite location, but much of this land is state-managed and subject to this prohibition. Before scattering anywhere in upstate New York, confirm the managing agency (State Parks, DEC Forest Preserve, National Park, or private land).

Can I scatter ashes in Central Park or other NYC parks?

Yes. NYC Parks has an explicit official policy permitting scattering, subject to guidelines: finely processed remains only, no scattering in water bodies, no markers left, no heavy-traffic areas, and a special event permit for groups of 20 or more.

Can I scatter ashes in the Hudson River or other New York waterways?

No state law prohibits it, but the federal Clean Water Act governs inland water scattering. A permit from the DEC or relevant water management authority may be required. For the Atlantic Ocean and New York Harbor, federal EPA rules require at least three nautical miles from shore and EPA Region 2 notification within 30 days.

What is the Knollwood Cremation Garden?

The Knollwood Cremation Garden at Ferncliff Cemetery in Hartsdale is a landscaped cremation memorial garden offering columbarium niches, ground burial options, and an underground ossuary — all for permanent, protected cremation memorialization. It is a lasting memorial garden rather than an open-air scattering venue. Contact Ferncliff directly at (914) 693-4700 to discuss current options.

Does Forest Lawn Cemetery in Buffalo offer actual ash scattering?

Yes. Forest Lawn's "Last Forest" area is dedicated exclusively to cremation scattering. Both community scattering (commingled, shared space) and private scattering (own purchased grave, family-only) are available. Contact Forest Lawn at (716) 885-1600 for details.

Can I mail ashes for scattering from New York?

Yes. Cremated remains may be legally mailed within the United States via the U.S. Postal Service using Priority Mail Express. Farmstead Scattering Garden in Cambridge Springs, Pennsylvania accepts mail-in remains for private farm scattering. Call or text (814) 450-5432 or visit farmsteadscattering.com for details.

Is alkaline hydrolysis (water cremation) available in New York?

As of early 2026, New York does not have laws or regulations permitting alkaline hydrolysis. This may change as the practice grows nationally — check with New York funeral providers for the most current status.

Legal and Regulatory References

N.Y. Pub. Health Law § 4202 — Disposition of Cremated Remains
N.Y. Pub. Health Law §§ 4140, 4142 — Death Certificate Requirements
9 NYCRR Title 9, Subtitle I § 375.1 — NY State Parks Prohibited Activities (scattering ban)
NYC Parks — Scattering of Cremated Remains — nycgovparks.org | (212) 360-3456
NYC Parks Special Event Permits — nyceventpermits.nyc.gov
NYS Department of Environmental Conservation — dec.ny.gov
NYS Office of Parks, Recreation, and Historic Preservation — parks.ny.gov
U.S. EPA Region 2 — Burial at Sea — 290 Broadway, New York, NY 10007 | (212) 637-3796 | epa.gov/ocean-dumping/burial-sea
National Park Service — nps.gov

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