Scattering rules / Illinois

Scattering ashes in Illinois

Lake Michigan is inland water, so the federal EPA burial-at-sea permit does not apply, and Illinois law does not clearly allow scattering ashes on Lake Michigan from a boat. The Illinois cremation law lists only cemetery or state-park scattering areas, private land with the owner's consent, and (since 2025) Illinois rivers for people whose religion requires water scattering. Captains should treat Lake Michigan scattering as legally unsettled until IDNR or the Comptroller confirms it in writing.
Captain license
Not settled
None found for scattering services
Bays and inland waters
Not settled
Ocean
3+ nautical miles from land
Federal rule. Report to the EPA within 30 days.

None found for scattering services

The Crematory Regulation Act licenses crematories (the Comptroller issues those licenses). We found no Illinois license or permit for a boat operator who scatters ashes for a fee. We did not confirm whether the Cemetery Oversight Act or funeral-director licensing could reach a paid scattering service.
Not stated for scattering services.
Illinois Comptroller (crematory licenses under 410 ILCS 18); IDFPR (cemetery and funeral licenses) · Official page

Before the scattering

Permit for disposition of the body (issued before cremation; the funeral home or crematory handles it)
Who: Funeral home / crematory · From: Local registrar via Illinois Department of Public Health vital records (410 ILCS 535/21)
Source
Written authorization from the authorizing agent (the family member legally in charge) to scatter, especially if more than one person's ashes will be scattered at once. Mixing remains is banned without written permission, except scattering 'at sea' or by air (410 ILCS 18/40(e)).
Who: Family / authorizing agent, kept by captain · From: Authorizing agent
Source
IDNR 'Permit for Scattering Cremated Human Remains', needed only on IDNR-owned land (apply at least 14 days ahead). It does not cover Lake Michigan from a boat, and it bans scattering within 200 ft of any lake or stream.
Who: Family · From: Illinois Department of Natural Resources
Source

After the scattering

Bays, harbors and inland waters

Not settled
410 ILCS 18/40(b) lists where cremated remains may go: a grave, crypt or niche; a 'scattering area' (a cemetery area or designated IDNR land); 'in any manner whatever' on private property with the owner's consent; and, under Public Act 104-0124, an Illinois river without an IDNR permit, but only when the person's religion requires water scattering, for one person, spread widely, out of sight of public areas, and with only the ashes (no ID disc or metal parts). Lake Michigan is not mentioned. No distance-from-shore rule exists because the statute does not authorize lake scattering at all.
The law mentions scattering 'at sea' only in the rule against mixing different people's ashes, which suggests it was written with water scattering in mind but does not grant permission for it. We found no Illinois EPA rule, IDNR rule, or Chicago Park District rule that addresses ashes on Lake Michigan. The bed of Lake Michigan in Illinois is state-owned public land, managed by IDNR.

In the ocean

In the ocean, cremated remains can be scattered at least 3 nautical miles from land, at any depth. No permit is needed in advance; the captain reports each scattering to the EPA within 30 days.
Not applicable. Illinois has no ocean coast. Lake Michigan is inland water, so the EPA 3 nm rule and the 30-day EPA report do not apply.

Also know

Scatter only the ashes. Leave no urns, ID discs, or markers in the water. IDNR park rules also ban leaving flowers, and the new river rule bans anything except the ashes.
Keep the family's written authorization. Mixing different people's ashes needs the authorizing agent's written permission (410 ILCS 18/40(e)).
Section 40 of the Crematory Regulation Act is set to expire on 1/1/2029 unless it is renewed. Watch for changes.
SB3153 and HB4695 (2026) would add an ashes-storage rule. Neither bill changes the water-scattering rules.

City by city

Chicago

Inside waters: Not settled
Lake Michigan off Chicago (inland fresh water; drinking-water source)
Lake Michigan is Chicago's drinking-water supply, and the city's water intake cribs sit about 2 miles offshore, so stay far away from them. Chicago's lakefront harbors are run by the Chicago Park District, and we found no published Park District rule on ashes. Do not scatter inside harbors, near beaches, or near swimming areas. The Coast Guard sets security zones on the lakefront for events such as the Air and Water Show and fireworks. Get written guidance from IDNR (Office of Water Resources / Lake Michigan) before offering this service.
Permits and filings: Cook County Clerk, Vital Records (local registrar). Death and disposition permits are issued through the IDPH electronic death registration system.

Still being confirmed

We couldn’t confirm these from official sources yet. Ask the agency before relying on them.
Is scattering on Lake Michigan from a boat legal under 410 ILCS 18/40? The statute neither allows nor bans it, and no agency guidance was found. Ask IDNR and the Comptroller's Cemetery Care and Burial Trust Department for a written opinion.
Does the Chicago Park District Code or Chicago Municipal Code restrict ashes in the harbors or lakefront waters? No rule was found online.
Does Illinois EPA treat ashes in Lake Michigan as a discharge that needs a permit? No IEPA guidance was found.
Does a paid scattering service need a license (Comptroller or IDFPR)? None was found, and this is not confirmed.
Is the Cook County Clerk the correct local registrar for Chicago disposition permits? Not confirmed on an official page during this check.

Sources

410 ILCS 18/40 - Crematory Regulation Act, disposition of cremated remains
Public Act 104-0124 (SB1793) - religious river scattering exception
17 Ill. Adm. Code 110.105 - Scattering of Cremated Human Remains on IDNR land
IDNR Permit for Scattering Remains (PDF)
SB3153 (2026, introduced)
Nolo - Illinois burial and cremation laws (secondary; cites 410 ILCS 535/21)
U.S. EPA - Burial at Sea
Last checked October 15, 2026. This is a plain-language summary, not legal advice.