Burial at Sea in California: Permits, Costs, and Penalties

Burial at sea in California is legal for both full-body remains and ashes, but it requires a state-issued disposition permit, compliance with federal distance and depth rules under 40 CFR 229.1, and a report filed with the EPA within 30 days of the burial. Cremated remains follow a lighter set of requirements than full-body burials, and California adds its own rules under Health and Safety Code Section 7117 for scattering ashes.

How Far Offshore and How Deep

A full-body burial in U.S. waters must take place at least three nautical miles from land and in water at least 600 feet deep.¹ Both conditions have to be met. Off much of the Southern California coast, the continental shelf slopes gradually, so a vessel often has to travel well past the three-mile line before reaching 600 feet. Meeting the distance alone is not enough, and this is the point that catches most families off guard.

Cremated remains have a simpler rule. Ashes can be scattered at least three nautical miles from land at any depth.¹ The EPA issues a general permit under the Marine Protection, Research, and Sanctuaries Act (MPRSA) that covers both types of disposition, so no individual EPA permit application is needed before the burial.²

The California Disposition Permit

Before any burial or scattering can happen, California requires a filed death certificate and a permit for disposition issued by a local registrar.³ The permit is form VS-9, the Application and Permit for Disposition of Human Remains, and for a burial at sea it must specify the latitude and longitude of the intended burial site.⁴

The permit originates from the county where the death occurred, not the county where the vessel departs. Most California counties charge $12. If the death occurred outside California, the county where the remains will be received can issue a disposition permit on presentation of the original out-of-state death certificate or transit permit.

Most families obtain the VS-9 through a licensed funeral establishment, but you can apply directly through the local registrar’s office if you’re handling arrangements yourself. Check your coordinates against the charter captain’s planned route before you submit the form. Errors on the VS-9 can delay the process or create problems with state records.

California Rules for Scattering Ashes

Health and Safety Code Section 7117 governs the scattering of cremated or hydrolyzed remains only, not full-body burials. Under the statute, cremated remains may be taken by boat or aircraft from any California harbor and scattered at sea, and the remains must be removed from their container before scattering.⁵

California’s definition of “at sea” is broader than the federal rule. Ashes may be scattered in inland navigable waters — bays, harbors, and channels — as long as the scattering happens at least 500 yards from the shoreline.⁵ Scattering from a bridge or pier is not permitted, even beyond 500 yards. If you scatter in the open ocean beyond three nautical miles, the federal MPRSA rules apply on top of the state rules.

After scattering, the person responsible must file a verified statement with the local registrar of births and deaths in the county nearest the scattering location. The filing includes the deceased’s name, the time and place of death, and the place of scattering, and the endorsed permit has to reach the registrar within 10 days.⁵

Preparing the Remains

For casketed full-body burials, the EPA recommends three preparations to ensure the casket sinks quickly and stays down:²

Add enough sand or concrete to bring the total weight of the casket and body to at least 300 pounds. Lead is prohibited.
Drill at least twenty 2-inch holes in the casket so air can escape and water can flood in. The holes can be covered with cloth or paper to keep remains concealed, but not with tape or any plastic-containing adhesive.
Remove all plastic from the casket before burial. No plastic flowers, synthetic wreaths, metal monuments, or commercial shipping straps.

Non-casketed burials are also allowed under the general permit. The EPA recommends wrapping the body in a natural fiber shroud and weighting it with a steel chain.²

Cremated remains can be scattered directly into the water or placed in a biodegradable container. Any container must not contain plastic of any kind, must not float, and must not create marine debris.² Loose flowers and petals tossed during the ceremony are fine. Wreaths or arrangements built on wire, foam, or plastic should stay on the boat.

Reporting the Burial to the EPA

Within 30 days of the burial, the responsible party has to notify the EPA region from which the vessel departed.⁶ The standard method is the EPA’s online Burial at Sea Reporting Tool. The report requires:

Contact information for the person responsible for the burial arrangements — funeral director, family member, or other designee.
Contact details for the person responsible for the vessel.
Burial details: name of the deceased, date of burial, departure location, type of remains (cremated or non-cremated), distance from the baseline, and burial coordinates.

Coordinates can be entered as decimal degrees or pinpointed on the tool’s interactive map.⁶ The portal produces a digital confirmation that serves as proof of compliance. Missing the 30-day window can expose you to enforcement action under the MPRSA.

What a Private Burial at Sea Costs

For families who want to attend the ceremony and choose the timing, a private charter is the main option. In the Southern California market, an unattended ash scattering, where the company takes the remains out without the family present, starts around $350. An attended ceremony with family aboard typically runs $850 to $2,600 depending on day of the week, guest count, and vessel size. Weekend services cost more than weekday departures.

Full-body burials cost substantially more. They need a larger vessel, heavier preparation, and a longer trip to reach water at least 600 feet deep. Total costs can run several thousand dollars once you factor in the casket, weighting, vessel charter, and funeral director involvement. Prices vary between Southern California and ports in the Bay Area or further north, so it’s worth getting quotes from multiple operators.

Free Military Burial at Sea

Veterans and their dependents can access burial-at-sea programs through the U.S. Navy and the U.S. Coast Guard at no charge for the ceremony itself. The Navy program covers active-duty members, retirees, honorably discharged veterans, civilian marine personnel of the Military Sealift Command, and dependents of any of those groups.⁷ The Coast Guard covers active-duty members, reservists, retirees, and their dependents.⁸

The tradeoff: these ceremonies happen during scheduled deployments, so the family cannot attend. The commanding officer notifies the family afterward with the date, time, latitude, and longitude of the burial.⁸ Wait times can stretch to months or longer.

To request a Coast Guard burial from a California port, the person authorized to direct disposition submits the request form with a copy of the death certificate, the burial transit permit or cremation certificate, and a copy of the DD Form 214 or equivalent discharge documentation. The family covers cremation, inurnment, and shipping of the remains to the port of embarkation.⁸ Remains must ship in an urn or sealed container that prevents spillage.

Penalties for Getting It Wrong

The MPRSA authorizes civil penalties of up to $50,000 per violation, assessed by the EPA after notice and an opportunity for a hearing. Knowing violations become criminal, with fines under Title 18 and up to five years in prison.⁹ Each day of a continuing violation counts as a separate offense.

Families using reputable charter services or funeral directors rarely face these penalties because the operators handle compliance. The risk rises with do-it-yourself burials that skip the depth requirement, dump remains too close to shore, or miss the 30-day EPA notification. A funeral director experienced in maritime disposition can walk you through the process and handle the filings.

1
eCFR. 40 CFR 229.1 – Burial at Sea
2
US EPA. Burial at Sea
3
Justia. California Health and Safety Code 103050-103105
4
Orange County Health Care Agency. Application and Permit for Disposition of Human Remains
5
California Legislative Information. California Code Health and Safety Code 7117
6
Environmental Protection Agency. Burial at Sea Reporting Tool Fact Sheet
7
MyNavy HR. Burial at Sea
8
U.S. Coast Guard. Burial at Sea Program Request/Authorization Form
9
Office of the Law Revision Counsel. 33 USC 1415 – Penalties