Where you can scatter ashes in Indiana
Indiana allows more than most families expect. You can keep the ashes, bury them, scatter them in a cemetery's scattering garden, or scatter them on private land with the owner's OK, on uninhabited public land, or on a river or lake. Some public land has its own rules, so check first.
What the law says
Indiana Code 23-14-31-44 lets the person in charge of the ashes keep them, or place them in a grave, niche or crypt, or scatter them in a cemetery scattering area. They can also be scattered in these places, as long as they're ground to bits 1/8 inch or smaller (ask the funeral home if you're not sure):
- On the property of an owner who agrees
- On uninhabited public land
- On a waterway
The law doesn't mention a permit for scattering on land or water.
Place by place
| Where | Allowed? | What to do first |
|---|---|---|
| Your own yard or land | Yes | See the paperwork note below. Think about whether you might sell the land one day. |
| Someone else's land (a family farm, a friend's lake house) | Yes, with the owner's permission | Ask the owner. See the paperwork note below. |
| St. Joseph River or another river or lake | Yes, the law allows scattering on a waterway | Choose a quiet spot away from people, docks and swimming areas. Federal ocean rules don't apply to inland water. |
| A cemetery scattering garden | Yes | Ask the cemetery whether it has one and what it charges. Some let you add a name to a shared memorial. |
| Indiana Dunes National Park | Only with a free permit | Ask the park for a permit. Not on the beach: the park requires at least 100 yards from Lake Michigan and the Little Calumet River. |
| Indiana state forests | Yes, with the property manager's approval | Call the forest office. Not allowed in nature preserves, and no markers. |
| Indiana state parks (like Potato Creek) | No published rule | We couldn't find a DNR rule either way. Call the park office before you go. |
| Hoosier National Forest | Discouraged | The Forest Service asks people to honor loved ones without leaving anything behind. Call the forest office in Bedford first. |
| At sea | Yes, under a federal rule | At least 3 nautical miles from land, and report it to the EPA online within 30 days. No fee. |
The paperwork for private land
When ashes are scattered on private property, Indiana law asks the landowner and the person in charge of the ashes to fill out a state form with the date, the manner, and the property's legal description. The landowner records it with the county recorder and returns it, with the burial transit permit, within 10 days. Ask your funeral home for the form and the permit when you pick up the ashes. In St. Joseph County, the recorder is in the County-City Building in South Bend.
Indiana Dunes: the permit conditions
The National Park Service gives scattering permits at no charge. The conditions it lists include:
- Away from buildings, parking lots, trailheads, campgrounds and picnic areas
- At least 25 feet from any trail or road
- At least 100 yards from Lake Michigan and the Little Calumet River
- No more than 25 people, no markers, and no released balloons, birds or butterflies
You give the park the exact spot (GPS coordinates help) and the date and time. Indiana Dunes permits page
Lake Michigan beaches outside the national park, like the state park or town beaches, are covered by the state law and whoever runs that beach. Ask them first.
A few practical things
- Check the wind. Stand with the wind at your back and pour low to the ground or the water.
- You don't have to scatter it all. Many families keep a small amount, or bury part in a family grave.
- Want a place to visit? Burying the urn in a cemetery gives you a marker and a spot that stays. What burying ashes costs
- Pick up the ashes. A funeral home can hold them for 60 days after cremation; after that, if nothing has been arranged, the law lets it dispose of them in any legal way.
- Indiana Code 23-14-31-44 (how cremated remains may be kept or disposed of), with sections 19, 43 and 45, via Justia (2025 Indiana Code). Checked Oct 21, 2026.
- National Park Service, Indiana Dunes, “Permits and Reservations” (page updated Sept 11, 2026), nps.gov/indu; 36 CFR 2.62(b). Checked Oct 21, 2026.
- Indiana DNR Division of Forestry, State Forest Procedures Manual (revised Feb 2023), in.gov/dnr/forestry. Checked Oct 21, 2026.
- Indiana DNR, state park rules, in.gov/dnr/state-parks (no rule on ashes found). Checked Oct 21, 2026.
- U.S. Forest Service, Hoosier National Forest, fs.usda.gov/r09/hoosier; Colville National Forest FAQ on ashes, fs.usda.gov/r06/colville. Checked Oct 21, 2026.
- EPA, “Burial at Sea” (page updated Aug 26, 2026), epa.gov/ocean-dumping/burial-sea; 40 CFR 229.1. Checked Oct 21, 2026.