1. (a) Subject to subsection (b), a certified prescribed burn manager who conducts the prescribed burning in accordance with section 6 of this chapter is immune from civil liability for harm caused by the:

   1. (1) prescribed burn; or
   2. (2) smoke produced by the prescribed burn.

2. (b) The immunity described in subsection (a) does not apply if the harm was the result of the certified prescribed burn manager's:

   1. (1) negligence; or
   2. (2) willful and wanton misconduct.

3. (c) Subject to subsection (d), a landowner or landowner's agent who conducts prescribed burning on the landowner's property in accordance with section 6 of this chapter is immune from civil liability for harm caused by the:

   1. (1) prescribed burn; or
   2. (2) smoke produced by the prescribed burn.

4. (d) The immunity described in subsection (c) does not apply if the harm was the result of the:

   1. (1) negligence of the landowner or the landowner's agent; or
   2. (2) willful and wanton misconduct of the landowner or the landowner's agent.

5. (e) The department's officers, agents, and employees are immune from civil liability, in accordance with IC 34-13-3 , arising out of any of the following:

   1. (1) Participation in planning, undertaking, or assisting with prescribed burning.
   2. (2) Administration of the prescribed burn certification program, including revocation of prescribed burn certifications issued under the program.

As added by P.L.124-2025, SEC.1. Amended by P.L.123-2026, SEC.34.