Aquamation, also known as alkaline hydrolysis, is currently legal in Maryland, but the state’s regulatory framework is poised for a major overhaul in 2026. While Maryland approved the practice in 2021 under the Maryland Code, Title 19‑212, recent legislative proposals aim to tighten licensing requirements, establish stricter environmental monitoring, and create a statewide fee schedule that could affect both providers and families. The upcoming changes reflect growing consumer interest—surveys show a 35 % rise in demand for green burial options over the past three years—and heightened environmental scrutiny from the Maryland Department of the Environment. Below is a concise guide to what is allowed today, what will shift in 2026, and how those shifts may impact you.
Current Legal Status of Aquamation in Maryland
Maryland became the 23rd state to permit alkaline hydrolysis in 2021. The practice is regulated by the Maryland Board of Funeral Service under Title 19‑212, which requires facilities to obtain a specific “alternative disposition” permit, meet wastewater discharge standards, and maintain detailed records of each service. Providers must demonstrate that their equipment complies with the EPA’s “Effluent Limitations Guidelines” for crematory emissions, adapted for liquid waste. As of 2024, there are three licensed facilities offering aquamation, all located in the Baltimore‑Washington corridor.
Legislative Developments Expected in 2026
In early 2025, a bipartisan bill—House Bill 2025‑112—was introduced to revise the existing framework. If enacted by January 2026, the law will:
- Require a minimum 30‑day public comment period before a new aquamation provider can be licensed.
- Impose quarterly reporting of effluent composition to the Maryland Department of the Environment, with penalties for exceedances of pH or temperature thresholds.
- Set a statewide fee of $150 per service, standardized across counties, to fund oversight and public education.
- Mandate that all consent forms include a plain‑language description of the process, its environmental impact, and alternative options.
The bill passed the House with a 92‑vote majority and is slated for Senate consideration in the summer of 2025. Stakeholders anticipate a final vote by the end of 2025, making the new regulations effective at the start of 2026.
Practical Implications for Funeral Providers and Families
For funeral homes, the 2026 reforms mean additional administrative steps: obtaining a public comment buffer, installing real‑time effluent monitoring, and adjusting pricing structures to incorporate the new fee. Small providers may face higher upfront costs, potentially consolidating the market toward larger operators with the capital to meet compliance standards.
Families will benefit from greater transparency. The mandatory plain‑language consent ensures that consumers can compare aquamation directly with traditional flame cremation or burial, understanding both the ecological advantages—such as a 90 % reduction in carbon emissions—and any residual concerns, like the handling of liquid by‑products. The standardized fee also eliminates geographic price disparities that previously existed between urban and rural counties.
Frequently Asked Questions
Is a special permit required to perform aquamation in Maryland?
Yes. Providers must secure an “alternative disposition” permit from the Maryland Board of Funeral Service and demonstrate compliance with wastewater standards set by the state’s environmental agency.
How does the 2026 fee structure differ from current costs?
Currently, facilities set their own prices, ranging from $1,200 to $2,500 per service. The 2026 legislation introduces a uniform $150 state fee, which will be added to the provider’s base price, creating more predictable total costs for families.
Will existing aquamation providers need to retrofit equipment?
Only if their current systems cannot produce the required real‑time effluent data. The law mandates continuous monitoring of pH, temperature, and chemical composition, so older units lacking sensors will need upgrades.
Does aquamation produce any hazardous waste?
The process yields a sterile liquid composed mainly of water, salts, and amino acids, which must be disposed of through approved wastewater treatment facilities. No hazardous chemicals are generated, but the effluent must meet the state’s discharge criteria.
Can a family choose aquamation if they reside outside Maryland but have a loved one who died in the state?
Yes. Maryland law applies to the location of disposition, not the decedent’s residence. Families from other states can arrange aquamation through any licensed Maryland provider, subject to the same consent and fee requirements.