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

   1. (1) Vegetation from:

      1. (A) a farm;
      2. (B) an orchard;
      3. (C) a nursery;
      4. (D) a tree farm;
      5. (E) a cemetery; or
      6. (F) a drainage ditch.
   2. (2) Vegetation from agricultural land if the open burn occurs in an unincorporated area.
   3. (3) Wood products derived from pruning or clearing a roadside by a county highway department.
   4. (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. (5) Undesirable:

      1. (A) wood structures on real property; or

      2. (B) wood remnants of the demolition of a predominantly wooden structure originally located on real property;

         located in an unincorporated area.

2. (b) Subject to section 3 of this chapter, the department of homeland security, a municipal fire department, an airport fire department, or a volunteer fire department may open burn the following for fire training purposes:

   1. (1) Propane, straw, clean wood, aviation fuel, or clean wood pallets.
   2. (2) Wood framing, wood flooring, drywall, and home furnishings in the department of homeland security's mobile burn demonstration unit (BDU).

3. (c) A person who is allowed to open burn under subsection (a) or (b) is not required to obtain:

   1. (1) a permit; or

   2. (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; P.L.238-2025, SEC.48.