Sec. 1. (a) Subject to section 3 of this chapter, a person may open burn the following for maintenance purposes:

(1) Vegetation from:

Terms Used In Indiana Code 13-17-9-1

(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.

[Pre-1996 Recodification Citation: 13-1-1.2-1.]

As added by P.L.1-1996, SEC.7. Amended by P.L.1-1999, SEC.35; P.L.238-2003, SEC.1.