SPRINGFIELD – Establishing a safe pathway for Illinois families to scatter their loved one’s ashes, State Senator Laura Ellman advanced legislation that would create rules allowing cremated remains to be scattered in Illinois waterways.

“Illinois families going through major life adjustments after losing a loved one need support as they navigate through emotional and financial challenges,” said Ellman (D-Naperville). “I have heard the concerns of families in my district whose faith requires them to scatter their loved one’s ashes in flowing water, and they are worried about the lack of transparent regulations on scattering rights.”

Currently, Illinois law allows for the scattering of cremated ashes in designated areas with permit approval from the Illinois Department of Natural Resources. The existing definition of “scattering areas” is limited to soil or ground cover. Ellman’s bill would allow families to scatter one individual’s cremated remains in a river in situations where a tenet of their faith is final disposition in a waterway.

To ensure rivers and remains are both handled properly, the measure lays out requirements a scattering would need to follow. The cremated remains must come from only one person, be spread over a large enough area to avoid the ashes accumulating, be scattered out of public areas including walkways, roads, trails, picnic areas, campgrounds and parking lots, and have no parts of the remains other than the cremated ashes scattered in the river. 

“In the same way scattering practices are permitted over land, cremated remains should be given equal opportunity for safe scattering in water,” said Ellman. “Establishing ethical and clear permissions for residents who must scatter their loved one’s remains in water promotes environmental safety and will hopefully ease the burden for families.”

Senate Bill 1793 passed the Senate on Wednesday and awaits further action.