Indiana Open Burning Law and Regulations

September 18, 2025 Ishani Mishra

One of the laws that governs prescribed fire in Indiana is the Open Burning Law administered by the Indiana Department of Environmental Management. The applicable law can be found the Indiana Code 13-17-9. State open burning rules can be found in Indiana Administrative Code 326 IAC 4-1. 

Section 2 of 326 IAC 4-1-2 states, “Open burning is prohibited except as allowed in this rule.”

Sec. 3. (a) IC 13-17-9 exempts certain types of open burning for maintenance purposes listed as follows: Section 3 lists the following exemptions: 

  • (1) A person may open burn the following:
    • (A) Vegetation from any of the following:
      • (i) A farm.
      • (ii) An orchard.
      • (iii) A nursery.
      • (iv) A tree farm.
      • (v) A cemetery
      • (vi) A drainage ditch.
      • (vii) Agricultural land, if the open burn occurs in an unincorporated area.

Section 4.1 lists open burning that may be authorized through the issuance of a permit, which includes prescribed fire. IDEM website states, “IDEM approval is required before prescribed burns, unless the burning is being conducted on properties owned by the IDNR, municipal or county governments, the US Department of Interior, the US Department of Agriculture, or the US Forest Service. 

Burners must submit the following forms to IDEM for prior approval 

Please complete and submit these forms at least 60 days before the anticipated burn date. Questions regarding IDEM approvals for prescribed fires can be sent to Brock Jones at BJones2@idem.in.gov.    

More information about Indiana’s Open Burning Rules can be found on the IDEM open burning website.  

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