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IC 13-17-9-1
Open burning of certain vegetation and wood items; no permit
required
Sec. 1. (a) Subject to section 3 of this chapter, a person may open
burn 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 in
an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside
by a county highway department.
(4) Wood products derived from the initial clearing of a public
utility right-of-way if the open burn occurs in an unincorporated
area.
(5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly
wooden structure originally located on real property;
located in an unincorporated area.
(b) A person who is allowed to open burn under subsection (a) is
not required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire
department 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 open
burn clean petroleum products for the purpose of maintaining or
repairing railroad tracks, including the railroad rights-of-way. A
person 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 must
comply with the following conditions:
(1) A person who open burns any material shall extinguish the
fire if the fire creates a nuisance or fire hazard.