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Bartholomew County, IN Fire Regulations: Outdoor Burning (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Outdoor burning rules in Bartholomew County, IN, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Governs
residential developments, unincorporated county
Residential development
2+ adjoining parcels under 3 acres
Permitted without approval
refuse in mesh container, yard waste, campfires, cooking fires
Variance authority
Director, Division of Environmental Health
Max fine
up to $2,500 per offense

Summary

Outdoor burning on any parcel within a residential development in unincorporated Bartholomew County is unlawful unless it fits one of the permitted categories in § 91.38. The rule targets any two or more adjoining residential parcels under three acres, plus apartment complexes and mobile home parks, and unlisted burning is banned outright.

These county ordinances apply to unincorporated areas of Bartholomew County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 91.37 PROHIBITION AGAINST UNREGULATED OUTDOOR BURNING. ... It shall be unlawful to burn or cause to be burned in the outdoors any material on any real estate in a residential development in the unincorporated areas of the county, unless the burning complies with the provisions of this subchapter. ... § 91.38 RULES. (A) The following types of outdoor burning and fires shall be permitted outdoors: (1) The burning of residential refuse and trash, all of which must be completely combustible, in a noncombustible container with enclosed sides, a bottom and a mesh covering with openings no larger than one-quarter inch square; (2) The burning of organic vegetation, such as leaves and grass; ... (C) Except as permitted under division (A) above or § 91.39, all other types of outdoor burning and fires on any real estate in a residential development in the unincorporated areas of the county are prohibited.

Full Breakdown

36 as any two or more adjoining parcels used or intended for residential use, whether platted or not, none exceeding three acres, and including any apartment complex or mobile home park. 38(A) lists what may be burned outdoors: completely combustible residential refuse and trash in a noncombustible, enclosed container with a mesh cover of quarter-inch openings or smaller, organic vegetation like leaves and grass, campfires, and cooking fires. Every permitted fire must be attended until fully extinguished, and burning cannot occur during unfavorable weather such as temperature inversions, high winds, or air stagnation, nor create an air-pollution problem, a nuisance, or a fire hazard; any fire that does must be put out immediately.

No burning may occur on a public road, street, alley, or right-of-way, and no explosive, highly volatile, or pollution-causing material, including tires and petroleum products, may be burned. 39, is prohibited. 39 lets the Director of the county Health Department's Division of Environmental Health approve otherwise-prohibited burning on written request describing the burn's nature, location, date, and safety precautions.

Violations & Fines

A violation of § 91.37 or § 91.38 carries a penalty under § 91.99; because burning is not among the sections specifically fined in § 91.99(B) (which covers §§ 91.15-91.22), it falls to § 10.99's general penalty of up to $2,500 per offense, with each day of continued violation treated as a separate offense. The County Health Department's Environmental Health Division and County Code Enforcement handle complaints.

Frequently Asked Questions

Can I burn leaves or brush on my property in unincorporated Bartholomew County?
Yes, organic vegetation like leaves and grass is permitted under § 91.38(A)(2), but it must be attended at all times, burned during daylight and out by sunset, and can't create an air-pollution problem or nuisance.
Can I get approval for a burn that isn't otherwise allowed?
Yes. Under § 91.39, the Director of the county Health Department's Division of Environmental Health can approve an otherwise-prohibited burn on written request describing the burn's nature, timing, location, and safety precautions.
Does the burning rule apply outside residential developments?
The subchapter's stated purpose in § 91.35 is to regulate outdoor burning in residential developments, defined as adjoining residential parcels under three acres, apartment complexes, or mobile home parks in the unincorporated county.

Sources & Official References

Other rules in Bartholomew County

All Bartholomew County rules

How Bartholomew County compares: Cities with the Strictest Outdoor Burning Rules·Compare Bartholomew County to another location·View the Indiana fire regulations overview

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