Planning to spread your loved one’s ashes on the beach? Here’s what SC law say about it

As funeral costs continue to rise, cremation has become a popular, and less costly, option for families after a loved one dies.

Choosing a special place to spread a person’s ashes has also become popular with families and friends instead of keeping them in an urn. Nearly half of families prefer to scatter a loved one’s ashes at a sentimental place, according to the National Funeral Director’s Association 2019 Consumer Awareness and Preferences Survey .

And for many, that sentimental place is the beach.

The ashes of Vietnam Marine veteran Andy Hayes, who loved the ocean, was spread in the dunes at the point in Cherry Grove in North Myrtle Beach, where his family placed an angel statue as a memorial. The statue has been there since August 2023.

However, the South Carolina Department of Health and Environmental Control has told the family that it has to be removed by the end of April. It’s not because of the ashes. Instead, SCDHEC is worried that the increased foot traffic to the statue will harm the dunes.

But is it legal to spread a person’s ashes on the beach and ocean? There are no state laws governing where you can spread or keep a person’s ashes.

However, online sites such as thelivingurn.com and the legal site nolo.com suggest checking with the city or county government where you plan on scattering ashes and using common sense when doing so.

Public land

Nolo.com suggests checking with both city and county regulations and zoning rules before scattering ashes., including such places as a city park.

It doesn’t appear that Myrtle Beach or North Myrtle Beach have specific laws that regulate the spreading of ashes.

Private land

While you are allowed to do this on your own property, you may want to ask permission from the landowner before doing it on someone else’s land.

Federal land

Most national parks have guidelines for spreading ashes. Some require permits and prior permission. The guidelines are on the National Park Service’s website .

At sea

The Environmental Protection Agency regulates the scattering of human remains in the ocean, which can only be done at least three nautical miles from shore.

The EPA does not permit the scattering at beaches or in wading pools by the sea, according to nolo.com. In addition, you must notify the EPA within 30 days of scattering ashes at sea.