Aquamation Legal by State: The Definitive Guide

What is Aquamation?

Aquamation is a process that uses alkaline hydrolysis, water, and an alkaline solution to reduce a human body to its chemical components. Known colloquially as water cremation or green cremation, aquamation takes traditional cremation a step further by using a process that has a lower environmental impact.
By the Numbers
The aquamation procedure takes place in a hospital-grade stainless steel vessel that is lined with insulation and coils that are heated to between 149 and 185 degrees Fahrenheit. That, combined with the chemical reaction caused by the ammonia and potassium hydroxide within the solution, reduces the body to its basic elements in anywhere from 11-18 hours. Despite the long duration, aquamation is actually more expeditious than traditional cremation, which requires a temperature of 1650-1800 degrees Fahrenheit while releasing 260-300 cubic feet of CO2 and other gas emissions into the atmosphere. Pallbearers and mourners are not usually left waiting for a final disposition, since aquamation is less prone to closing delays. There are other reasons people choose aquamation over traditional cremation. For one, traditional cremation releases more than 500 pounds of carbon emissions into the atmosphere each year , whereas aquamation emits none. And while aquamation results in bone fragments that are comparable in size to those produced by cremation, the remaining chemical components of the body in aquamation are liquid instead of ash. Those components are similar to the liquid found in human bodies and can be returned to the ground in environmentally-friendly ways, such as a tree or a garden.
Law and Legislation
Aquamation is legal in several states, including Florida, Minnesota, Colorado, Oregon, Utah, Wisconsin, and Maryland. Not all aquamation companies and practitioners operate in every state, so you should check with your local providers if aquamation is a disposition option for you. Some states do not have legislation regarding aquamation, but aquamation is not illegal. Existing legislation in many states does not allow for disposition through aquamation, but it is not expressly prohibited. Many states do, however, have bills in the legislature proposing laws that would make aquamation legal. Aquamation legislation is not something that is expected in the immediate term.
Other States with Proposed Aquamation Legislation
Texas
Utah
New York
Wisconsin
Montana
Illinois
California
Ohio
Pennsylvania

Aquamation Legality in America

As science catches up with sustainability, so does legislation. As of today, aquamation is legal in a number of states across the U.S., though not all remain on board for the long-haul. In fact, on our latest list of Aquamation Legal States, you’re bound to find items that require "tech permits" or "moratoriums" or outright bans. Here’s what we know about the current status of aquamation in each state and territory.
California
Passed into law in 2016, aquamation was legalized in California along with alkaline hydrolysis at the same time.
Colorado
Legally sanctioned in 2021, aquamation is currently one of the three approved options for final disposition in Colorado.
Florida
Aquamation is legal in Florida, though amendments to the Funeral Practices Act are pending.
Georgia
Under current Georgia law, aquamation is comparable to burial or cremation. However, legislation to ban aquamation was passed in 2022. Still, aquamation holds a valid license for the time being.
Hawaii
Currently illegal in Hawaii, aquamation was given the thumbs-up in 2021 after two different funeral home companies partnered with companies outside of the state. After in-state protests, Hawaii’s State Department began moratorium proceedings in 2023.
Idaho
Although aquamation has been legalized, aquamation is currently under a moratorium until October of 2025.
Illinois
Just last year the Illinois House Bill 10 passed, which should lead to aquamation’s legal acceptance sometime this year.
Maine
Joined the ranks of aquamation-legal states in 2019.
Maryland
Thanks to legislation passed in 2023 Maryland has made aquamation legal.
Minnesota
As of 2019 aquamation has been legalized.
Montana
Aquamation was made legal in 2017 with the passing of the Senate Bill 2 which created the bill.
Nebraska
Legal since 2018.
New York
Legal in 2022 with the passing of L.S. 1677
North Dakota
Aquamation has been made legal in North Dakota relatively recently (2023), meaning only one location has actually been able to incorporate it.
Oregon
Since 2019 aquamation has been a legal option in Oregon.
Pennsylvania
The Aquamation/Chemical Disposition Bill passed the house in Pennsylvania in 2023.
Rhode Island
Browse the latest bills in the works for aquamation legalization and you’ll see that Rhode Island is ahead of the curve. It’s been legal there for years.
Texas
Aquamation has been legal in Texas since 2021.
Vermont
Introduced in 2022 as House Bill H.370, aquamation is set to legalize in 2023.
Utah
Thanks to a unanimous bill vote aquamation is officially legal in Utah.
USA Territories
Only one U.S. territory legally recognizes aquamation.

Where is Aquamation Legal?

The states where aquamation is legal but yet to actively permit the process are Massachusetts, Maryland, and Vermont. In these states, aquamation is included in existing laws governing cremation. In some states, aquamation is a legal form of disposition but state-operated facilities are few in number. That said, aquamation has not yet been permitted for those who may wish it.
Indiana is one of the states that has given permission for aquamation to be practiced. Here, the disposition process must occur in an accredited facility. At present, there are six aquamation-only facilities in the state.
Kentucky legalized aquamation in 2018, and currently, there are facilities in Scott and Jefferson counties that can assist with the process.
Another state that permits aquamation is Minnesota. The law authorizing alkaline hydrolysis did not come into effect until 2015. Currently, there are four aquamation-only facilities in this state.
A law was signed in May 2019 which permits aquamation to take place in Nebraska. Four facilities are certified to provide this service.
In 2021, Oregon became the third state to give aquamation full approval, yet this service has yet to be made available to residents. Currently, just six aquamation-only facilities exist.

States Working Towards Legality

According to original research conducted by this blog, as of September 2021, eight states were considering legislation that would legalize aquamation, often referred to as alkaline hydrolysis. While two of these states failed to pass aquamation bills, six others are still considering the legislation or have bills already approved by both state legislative bodies in the summer of 2021. The following sections describe these legislative efforts in greater detail.
Maine
In June 2021, Maine passed legislation providing a tax incentive for any facility that incorporates a "newly certified alkaline hydrolysis unit" into its business. 2021 Me. SB 112 (enacted). Maine has had one aquamation facility operational since 2013, and it will be eligible for the tax reduction under the new legislation during the 2022 tax year. The bill was enacted without any known opposition or debate, and it appears to be the only state legislation directly related to aquamation passed this year.
Minnesota.
In May 2021, the Minnesota legislature unanimously approved SF 1931, authorizing alkaline hydrolysis as a new disposition method. SF 1931, 92nd Leg, 1st Spec Sess (2021). SF 1931 passed both the Minnesota House and Senate but was vetoed by the governor in late May due to concerns with the ongoing pandemic and with aquamation facilities’ large carbon footprints and negative effects on vulnerable communities. In light of a continued push by both the Minnesota Funeral Directors Association and the Aquamation Association of North America, the Minnesota legislature reconvened in August and approved a slightly altered version of SF 1931, eliminating prior language placing limits upon aquamation facilities. SF 1978, 92nd Leg, 1st Spec Sess (2021). SF 1978 was subsequently signed into law and will be effective August 1, 2022.
Nebraska.
In Omaha, a new aquamation facility is currently being built, though the city has not yet adopted regulations or fees relating to aquamation units. See SCOTT STEELE, LEGALIZING AQUAMATION IN NEBRASKA (2020). The Nebraska legislature has yet to consider legislation explicitly authorizing aquamation. Nonetheless, aquamation has been endorsed by the Nebraska Funeral Directors Association, and aquamation units are being marketed to the state’s funeral homes. See id.; Aquamation Association of North America, Aquamation Company Directory, https://www.aquafying.com/directory.
New Jersey.
In December 2020, the New Jersey legislature passed Legislative S3960/A5897, which authorizes alkaline hydrolysis as a new disposition method for human remains, as well as ratios for the disposal of individuals’ bodily remains. S 3960, 219th Legis., Reg. Sess. (2020). This bill was sent to New Jersey Governor Phil Murphy for his consideration on January 12, 2021. While the bill was passed by both houses of the legislature, the legislature failed to override the governor’s veto of similar legislation in 2020.
New York.
A bill authorizing aquamation passed the New York Senate and Assembly in June 2020, but the governor vetoed the legislation shortly thereafter. The New York State Funeral Directors Association continues to include aquamation as an option for disposition on its consumer comparison chart. Aquamation Association of North America, State Laws and Regulations Tracker, https://www.aquafying.com/state-laws-aquamation-legislation-and-resources-1.
Tennessee.
On March 25, 2021, the Tennessee legislature passed SB 218, amending the Tennessee Code Annotated Section 62-5-526 to include alkaline hydrolysis in the state’s list of authorized disposition methods. By late July 2021, the bill was awaiting Tennessee Governor Bill Lee’s signature.

Barriers and Efforts for Legalization

As with any new technology, the path to widespread acceptance for aquamation as a legitimate form of disposition has not been without hurdles. The challenges to the legalization of aquamation include the perception that the process is unproven, as well as concerns about the environmental impact. According to Water Soluble Technologies, the number one concern about aquamation amongst mainstream funeral professionals was the question of whether aquamation was just another foam-drenched corpse-flushing scheme from the internet where body parts are sold and flaunted in public. A big supporter of aquamation, Water Soluble Technologies has worked with legal teams in many states to have the procedure legal in those areas. Legal teams there were able to reassure funeral professionals by explaining the procedure involved, where it occurs, and that the companies performing the process are thoroughly licensed and regulated. In addition, the funeral and death care industry still finds itself grappling with misperceptions about the legal status of aquamation. Because of how and why it was first developed , there are many references to aquamation as bio-cremation, liquid cremation, and alkaline hydrolysis. However, none of these terms accurately describe the process. Aquamation is a proprietary brand name in the same vein as Ricset, BIC and other brands. Presently, there are over a dozen states with aquamation slated to join the ranks of accepted disposition laws, including Michigan, Illinois, Florida, Louisiana, Montana, and Puerto Rico. To date, nine states have legalized aquamation: California, Colorado, Minnesota, Nevada, Oregon, Vermont, Washington, New York, and Utah. And as more states move to support aquamation, it will become easier to quell concerns around its legal and practical use. Advocacy groups are very important to the acceptance of aquamation by the mainstream public. Organizations such as the Universal Life Church and the Minnesota Funeral Directors Association (MSFDA) support aquamation and its spread. And in recent years, aquamation has taken center-stage as a topic of conversation at national conventions such as the International Cemetery, Cremation and Funeral Association (ICCFA) and the NFDA International Convention.

Choosing An Aquamation Provider

Since aquamation is not yet widely available, your first step will be to determine whether there is a licensed aquamation facility in your area. The companies listed in our database are licensed aquamation facilities as well as conventional crematory facilities currently covered by the Better Business Bureau. Be sure to check with your local Better Business Bureau if you wish to consider services of an unlisted facility.
If you do not have the option of using a listed facility, there are several factors to consider before selecting aquamation services:
Is this company licensed to do aquamation?
Is it in compliance with all local regulations for proper disposal of remains?
Are their prices competitive? See our Pricing page.
What are their policies regarding pick-up of remains? Many facilities are in remote locations and may charge for transport fees after a certain mileage.
Is an obituary posted on their website?
Is the staff knowledgeable and willing to help me answer questions I might have about the process?
Does the facility have a home-like atmosphere and allow your family time to visit?
Is this a facility you would feel comfortable having friends and family visiting?
Will this company take care of all the arrangements or will you be on your own to navigate the process?
Will you need to find a local funeral home to assist you, or can you do everything online?
Local Regulations
Many states have their own laws and regulations regarding aquamation. Check the current aquamation laws in your state. Companies will need to be licensed in accordance with local regulations.

The Future of Aquamation

The future of aquamation appears to be bright. As more individuals become aware of the environmental impact of traditional disposal practices, the demand for green alternatives will likely increase. Similarly, as aquamation becomes more accessible to funeral homes—which is rapidly happening—we will likely see an more equal playing field between the various forms of disposition. Additionally, with increasing scientific innovation always comes decreasing cost. While aquamation is not expensive now, there is no limit to how cheap it may eventually become. And while some might view a cheap disposition as distasteful or gross, people tend to view disposition as a business service. After all, a cheap hotel doesn’t mean a dirty room, a cheap lawyer doesn’t mean a sucky lawyer , and a cheap disposition doesn’t mean a dead body was handled casually. Things are worth what someone is willing to pay for them and aquamation is a highly regulated industry with a highly regulated product. There are detractors from aquamation, sure, however this is true of any invention. People are creatures that inherently resist change and aquamation is no different. But as more people become educated about the harsh realities of burial and cremation and instead elect for a third alternative, aquamation, the landscape will shift and issues like conservation and climate change will inevitably enter the mainstream conversation. Aquamation is undoubtedly trending and with that trend, we should expect to see aquamation as a standard in the U.S. sometime within the next few decades, if not sooner.