CHAPTER 9. OPEN BURNING

IC 13-17-9
    Chapter 9. Open Burning

IC 13-17-9-1
Open burning of certain vegetation and wood items; no permitrequired
    Sec. 1. (a) Subject to section 3 of this chapter, a person may openburn the following for maintenance purposes:
        (1) Vegetation from:
            (A) a farm;
            (B) an orchard;
            (C) a nursery;
            (D) a tree farm;
            (E) a cemetery; or
            (F) a drainage ditch.
        (2) Vegetation from agricultural land if the open burn occurs inan unincorporated area.
        (3) Wood products derived from pruning or clearing a roadsideby a county highway department.
        (4) Wood products derived from the initial clearing of a publicutility right-of-way if the open burn occurs in an unincorporatedarea.
        (5) Undesirable:
            (A) wood structures on real property; or
            (B) wood remnants of the demolition of a predominantlywooden structure originally located on real property;
        located in an unincorporated area.
    (b) A person who is allowed to open burn under subsection (a) isnot required to obtain:
        (1) a permit; or
        (2) any other authorization;
from the department, a unit of local government, or a volunteer firedepartment before conducting the open burning.
As added by P.L.1-1996, SEC.7. Amended by P.L.1-1999, SEC.35;P.L.238-2003, SEC.1.

IC 13-17-9-2
Railroad maintenance and repair
    Sec. 2. Subject to section 3 of this chapter, a person may openburn clean petroleum products for the purpose of maintaining orrepairing railroad tracks, including the railroad rights-of-way. Aperson may not open burn railroad ties.
As added by P.L.1-1996, SEC.7.

IC 13-17-9-3
Conditions of open burning
    Sec. 3. All open burning that is allowed under this chapter mustcomply with the following conditions:
        (1) A person who open burns any material shall extinguish thefire if the fire creates a nuisance or fire hazard.        (2) Burning may not be conducted during unfavorablemeteorological conditions such as high winds, temperatureinversions, or air stagnation.
        (3) All fires must be attended at all times during burning untilcompletely extinguished.
        (4) All asbestos containing materials must be removed beforethe burning of a structure.
        (5) Asbestos containing materials may not be burned.
        (6) Except as provided under section 1 of this chapter, allburning must comply with state and federal laws.
As added by P.L.1-1996, SEC.7.