What the federal regulation says, what the numbers mean, what California adds on top — and what all of it means for a family planning a ceremony in San Diego waters.
Families planning a scattering at sea often hear "three miles" early in the process — from the funeral home, from a provider, sometimes from a quick online search. The phrase is accurate as far as it goes. But the rule behind it is specific enough that it's worth reading clearly, because the specifics affect how a ceremony is planned, who can legally conduct it, and what happens afterward.
This guide walks through the regulation itself, what it requires for cremated remains versus full-body burial, what it says about flowers and other materials you bring, the federal reporting obligation that follows every burial at sea, and the layer California law adds on top. Every claim is sourced to the primary regulation or statute so your family can verify it independently.
The three-mile rule is not a guideline or a maritime tradition. It is a condition of the federal general permit for burial at sea, issued by the U.S. Environmental Protection Agency under the Marine Protection, Research, and Sanctuaries Act of 1972 — commonly abbreviated MPRSA, sometimes called the Ocean Dumping Act, codified at 33 U.S.C. § 1401 et seq.1 The MPRSA prohibits the dumping of material into ocean waters that would "unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities." Human remains fall within the scope of the act.
Rather than requiring families or providers to apply for an individual permit, the EPA issued a standing general permit that authorizes burial at sea for anyone who follows its conditions. That permit is codified at 40 C.F.R. § 229.1.2 It is self-executing: no advance application is required. The conditions of the permit, however, are specific, and compliance with them is what makes a burial at sea legally conducted rather than technically an act of unpermitted ocean dumping.
The distance requirement in 40 C.F.R. § 229.1 is stated in nautical miles, not statute miles. A nautical mile is defined as one minute of arc of latitude — 1,852 meters, or approximately 1.1508 statute miles. Three nautical miles is roughly 3.45 statute miles, or about 5.6 kilometers. The difference between nautical and statute miles is small in conversation but matters when a navigator is confirming position before a ceremony begins.
The three miles are measured from "land," but the regulation defines "land" precisely.2 It is not the nearest visible beach or the closest point of shoreline as the eye sees it. Under 40 C.F.R. § 229.1(b), "land" refers to the baseline from which the territorial sea is measured — ordinarily the ordinary low-water line along the coast, or, where a bay or river mouth is involved, a closing line drawn across that opening. For a departure from San Diego Bay, this matters: the measurement begins at the mouth of the Bay near Point Loma, not at Harbor Island. Clearing the Bay and reaching open ocean before the three-mile distance is satisfied takes time. By vessel, under normal conditions, the transit typically runs twenty-five to thirty-five minutes.
Why it's nautical miles and not a flat mileage number: The MPRSA applies in all U.S. coastal waters, and nautical miles are the standard unit of marine navigation. The distinction matters in practice because GPS chartplotters and ship navigation systems display distance in nautical miles — so when the captain confirms the vessel is three miles out, the number you see on the chart is the right number to read.
The general permit treats cremated and non-cremated remains differently. For cremated remains, 40 C.F.R. § 229.1(a)(3) states that burial "shall be conducted in a manner that ensures that the remains are released with the vessel steaming, or at anchor, at least three nautical miles from land" — and critically, cremated remains "may be buried in or on ocean waters without regard to the depth limitations" specified for full-body burial.2 There is no minimum ocean depth for a cremated remains scattering. Three nautical miles from the baseline is the only federal location requirement.
This reflects the physical reality of cremation. Cremated remains — calcium phosphate and other mineral compounds, commonly called "ashes" though the process is technically calcination — do not pose the same environmental or public health concerns as non-cremated human tissue. The EPA's general permit acknowledges this distinction explicitly by waiving the depth requirement that otherwise applies.
For burial at sea of non-cremated human remains — full-body burial, which requires advance preparation of the remains in accordance with Navy, Coast Guard, or applicable civil authority standards — the general permit imposes two separate requirements under 40 C.F.R. § 229.1(a)(2).2 First, the same three-nautical-mile distance from land applies. Second, the burial must occur in water no less than one hundred fathoms (600 feet) deep. The regulation additionally requires that "all necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently."
A deeper minimum applies in specific geographic zones: waters off east-central Florida (roughly from St. Augustine to Cape Canaveral), the Dry Tortugas, and the area from the Mississippi River Delta west to Pensacola require a minimum depth of three hundred fathoms (1,800 feet).2 Those zones reflect localized oceanographic and ecological sensitivity; they do not apply to San Diego. Full-body burials at sea departing San Diego are subject to the general 100-fathom floor, in ocean waters that exceed that depth not far offshore.
Full-body burial at sea is uncommon in private practice — it is most associated with active-duty military and Navy veteran ceremonies conducted by the U.S. Navy. For families making independent arrangements, cremation followed by scattering is the practical path, and it is governed by the simpler distance-only rule above.
The general permit addresses what may accompany the remains at the scattering site. Under 40 C.F.R. § 229.1(c), flowers and wreaths "consisting of materials which are readily decomposable in the marine environment" may be released at the site under the same general permit.2 The EPA's own guidance cites plastic wrapping, metal or plastic frames, synthetic ribbon, and wire as examples of materials that would not qualify — because they do not readily decompose and would persist in the marine environment.
In plain terms: fresh-cut flowers with no plastic wrap or wire stems, and wreaths constructed entirely of natural materials, are permitted. Anything synthetic stays aboard. This is the specific regulatory origin of the guidance families receive about flowers — it is not a provider preference but a condition of the permit under which the ceremony is conducted.
The general permit is retrospective in its documentation requirement. Under 40 C.F.R. § 229.1(d), all burials conducted under the permit must be reported within thirty days to "the Regional Administrator of the Region from which the vessel carrying the remains departed."2 For a ceremony departing San Diego, the relevant authority is EPA Region 9, which covers California, Arizona, Hawaii, Nevada, and U.S. Pacific territories.3
The EPA maintains a Burial at Sea Reporting (BASR) system — an online form at burialatsea.epa.gov — through which this report is filed.3 The report captures the decedent's name, the date and time of the burial, the GPS coordinates of the release point, the vessel name, and the contact information for the person arranging the burial. The obligation to file falls on whoever conducted the burial — the vessel operator if a charter service was used, or the family if the burial was self-arranged on a private vessel.
Most families are not aware this report exists. It is the single most commonly overlooked compliance step for privately arranged scatterings. The thirty-day window starts from the date of the ceremony, not from when a family next thinks about paperwork. Where BSSD conducts the ceremony, we file the BASR report with EPA Region 9 on the family's behalf as part of the service. No separate action is needed from the family.
Federal law establishes where remains may be released and who must report afterward. California law adds two further layers: a vital-records paper trail, and an occupational licensing requirement on who may lawfully conduct the disposition for compensation.
Before any scattering may lawfully occur in California, a Permit for Disposition of Human Remains — typically called the VS-9 or burial permit — must be in hand, issued by the local registrar of the county where death occurred, under California's vital-records provisions.4 This is normally obtained by the funeral home or crematory handling the case, not by the family separately. What families do need to verify is that Item 16A of the permit — the "Place of Final Disposition" field — correctly states the intended method and location. A permit that reads a cemetery name or a land address needs to be amended before the ceremony. This is a paperwork correction, not a substantive barrier, but it must happen before the vessel departs.
California Health & Safety Code § 7117 separately authorizes scattering of cremated remains at sea by boat or by air, and imposes its own post-ceremony filing requirement distinct from the federal EPA report.5 Any person who scatters cremated remains at sea must file a verified statement with the local registrar of the county nearest the scattering point, within ten days of disposition, giving the decedent's name, the time and place of death, and the location at sea where the remains were scattered. This California filing and the federal 30-day EPA report are separate obligations to separate agencies — one state, one federal — arising from the same event.
Section 7117 also defines the geographic scope of "at sea" for California purposes, which is broader than the ocean: it includes the state's inland navigable waters (bays, harbors) exclusive of lakes and streams, but with a restriction that no scattering may take place within 500 yards of the shoreline of those inland waters, and scattering from bridges or piers is explicitly prohibited.5 For an ocean ceremony — which is what BSSD conducts — the federal three-nautical-mile rule is the controlling distance standard, and it is more restrictive than California's 500-yard inland threshold. Where the two regimes overlap, the stricter federal rule governs.
California also restricts who may lawfully offer to dispose of cremated human remains for compensation. Under the Cemetery and Funeral Act, California Business & Professions Code §§ 9740–9746, any person or company that disposes of, or offers to dispose of, cremated remains must be registered with the California Cemetery and Funeral Bureau as a Cremated Remains Disposer (CRD), unless the person already holds one of several related funeral-industry licenses.6 Registration is annual, tied to the specific vessel or aircraft identified in the registration, and requires documented written authorization from the individual holding the right to control the disposition.
This is why a licensed provider's CRD number is tied to the vessel, not just to the company — and why "we've done this before, elsewhere" is not equivalent to compliance for a San Diego departure. A CRD registered for a different vessel or a different state's waters does not satisfy California's requirement. BSSD conducts all ceremonies aboard JADA under California Cremated Remains Disposer License #950.
If you are planning a cremated remains scattering at sea departing San Diego, here is the practical picture the regulations paint, in sequence:
| When | What is required | Who handles it |
|---|---|---|
| Before the ceremony | VS-9 disposition permit in hand; Item 16A correctly states sea scattering off San Diego | Funeral home obtains it; family verifies the field |
| During transit | Vessel reaches at least 3 nautical miles from the baseline (Point Loma area) before any release | Captain confirms via navigation instruments |
| At the release site | Any flowers or wreaths are made of natural, biodegradable materials — no plastic, no wire, no synthetic ribbon | Family brings; provider advises in advance |
| Within 10 days after | Verified statement filed with San Diego County registrar (Cal. H&S Code § 7117) | BSSD files on family's behalf |
| Within 30 days after | Burial at Sea Report filed with EPA Region 9 via BASR system (40 C.F.R. § 229.1(d)) | BSSD files on family's behalf |
None of this is designed to burden families at an already difficult time. The three-mile rule and its accompanying requirements exist because the ocean is a shared resource and because a documented, regulated process creates a record that the remains were handled with lawful care. For most families, the practical experience of the regulations is simply: the ceremony begins when the captain says the vessel is clear, the flowers that come aboard are the right kind, and the paperwork is handled before they leave the dock.
We navigate these requirements as part of every ceremony we conduct. Before the date, we review your disposition permit and flag any corrections needed to Item 16A — early enough that there is time to request an amendment without rescheduling. We confirm the CRD-registered vessel (JADA), advise on biodegradable flowers if you're bringing any, and confirm the weather and sea conditions for the planned date.
On the water, the captain navigates to the verified three-nautical-mile position before the ceremony begins. You will always know when the vessel has reached the site — the captain announces it. The rest of the time belongs to your family.
After the ceremony, we file the California § 7117 verified statement with San Diego County within ten days, and the federal EPA Burial at Sea Report with Region 9 within thirty. We provide a signed GPS certificate bearing the exact coordinates of the release point — so your family will always know the precise location. Both the county filing and the federal report reference those same coordinates.
If you have questions about any of these requirements before committing to a date, call us at (619) 986-7344. Walking through the paperwork first, before any planning is locked in, is the part of this work we find genuinely useful to families — and it costs nothing.
This guide is provided for general informational purposes and reflects the authors' reading of the cited primary sources as of July 2026. It does not constitute legal advice. Statutes and regulations are subject to amendment; readers relying on this material for a specific matter should confirm current text at the cited sources or consult counsel.
Related reading: for the step-by-step permit walkthrough, see our California Ash Scattering Permit Guide. For the full practitioner-level legal reference, see The Legal Framework Governing Burial at Sea in California.