3 Legal Rules You Must Know Before a Burial at Sea in Southern California
Here are the three essential legal considerations for a Southern California burial at sea that are crucial for families and organizers to understand and follow for lawful, respectful, and environmentally sound ceremonies.
1. Federal EPA and Distance/Depth Regulations
The primary legal framework regulating burial at sea in Southern California is set by the U.S. Environmental Protection Agency (EPA) under the Marine Protection, Research, and Sanctuaries Act (MPRSA).
Whether the remains are cremated or whole, burials must occur at least three nautical miles from shore (approx. 3.45 land miles) to prevent environmental and health risks close to land.
For full-body burials, the ocean depth must be at least 600 feet at the chosen location-ensuring the remains are deposited at sufficient depth to avoid ecological disruption and navigational hazards.
The body must be enclosed in a weighted, biodegradable casket or shroud to guarantee rapid, permanent sinking, while the scattering of ashes can use biodegradable urns and natural flowers only-plastic, metal, or artificial items are strictly prohibited.
Disposal of non-human remains or non-biodegradable materials is not permitted under federal law.
2. State Licensing and Permit Requirements
California has additional requirements layered on top of federal law.
Before any burial at sea in Southern California, a certified death certificate and a local county-issued Permit for Disposition of Human Remains are mandatory. The permit must specifically note the intent to scatter or bury at sea.
The company or captain performing the ceremony must possess a Cremated Remains Disposer (CRD) license issued by the California Department of Consumer Affairs, safeguarding families from unregulated or substandard providers.
Vessel operators for the ceremony require appropriate Coast Guard licensing for the size and type of vessel, ensuring legal and safe transportation to the burial location.
Local county offices in Southern California (including Los Angeles, Orange, and San Diego counties) provide burial permits; most charge a modest fee (typically $12) and process requests same-day.
3. Mandatory EPA Reporting and Documentation
All burials at sea in Southern California must be documented and reported per regulatory guidelines.
Within 30 days after the sea burial (cremated or whole), organizers must submit a report to the appropriate EPA region using the official online Burial at Sea Reporting Tool or other accepted methods.
The report requires specific details: the deceased’s name, date/time of service, latitude/longitude coordinates, vessel name, and contact information for the arranger or family.
Failure to file accurate and timely paperwork can result in fines and the revocation of future sea burial privileges for providers.
Most reputable providers in Southern California offer to process this reporting as part of their service package, helping families stay stress-free and compliant.
Table: Essential Legal Considerations for Burial at Sea in Southern California
Legal Requirement
What It Involves
Citation
Federal EPA Rules
3 nautical miles from shore, 600 feet depth for bodies, biodegradable containers only
California Permit & Licensing
Death certificate, county permit, CRD provider license, Coast Guard vessel certification
Mandatory EPA Reporting
30-day EPA report, details of ceremony, organizer contact, provider assists with paperwork
Families and providers planning a burial at sea in Southern California must:
Confirm all federal and state requirements before arranging the ceremony.
Select licensed, reputable providers to ensure ethical, legal, and dignified service.
Keep diligent records and comply with all reporting to protect both legacy and legal standing.
FAQs:
Q1. Is burial at sea legal in Southern California?
A1. Yes, it’s completely legal when conducted under EPA guidelines, including using biodegradable materials and scattering ashes at least 3 nautical miles from shore.
Q2. Do I need a permit for scattering ashes in the ocean?
A2. Yes, you must notify the EPA within 30 days of the burial and follow specific guidelines for location, materials, and depth.
Q3. How far offshore must a burial at sea take place?
A3. The ceremony must occur at least 3 nautical miles from the coastline, in compliance with federal maritime laws.
Q4. Can I perform a sea burial without a licensed captain?
A4. It’s recommended to use a licensed sea burial operator to ensure legal adherence and proper documentation of the ceremony.
Q5. Are there environmental restrictions for ocean burials in California?
A5. Yes. Only biodegradable materials are allowed, and no plastics or metals can be released into the ocean.