Indiana Statewide Rule

Indiana Statewide Open Burning Law (IC 13-17-9)

Significant RestrictionsApplies statewide across Indiana (2026)

Key Facts

Governing statute: IC 13-17-9
Permit required: None for listed vegetation
Fires must be: Attended until fully extinguished
Banned conditions: High winds, inversions, stagnation
Max civil penalty: $25,000 per day

Last verified: July 31, 2026

Summary

Indiana bans nearly all open burning statewide; IC 13-17-9 carves out narrow exemptions for agricultural and land-clearing vegetation, and every legal fire must be attended, extinguished if it becomes a hazard, and never lit during high winds.

Sec. 3. All open burning that is allowed under this chapter must comply with the following conditions: (1) A person who open burns any material shall extinguish the fire if the fire creates a nuisance or fire hazard. (2) Burning may not be conducted during unfavorable meteorological conditions such as high winds, temperature inversions, or air stagnation. (3) All fires must be attended at all times during burning until completely extinguished. (4) All asbestos containing materials must be removed before the burning of a structure. (5) Asbestos containing materials may not be burned.

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Full Breakdown

IC 13-17-9-1 lets you open burn only specific vegetation for maintenance, from a farm, orchard, nursery, tree farm, cemetery, or drainage ditch, plus agricultural vegetation in unincorporated areas, with no permit required. IC 13-17-9-3 attaches hard conditions to every allowed fire: it must be attended at all times until completely extinguished, put out immediately if it creates a nuisance or fire hazard, and never lit during high winds, temperature inversions, or air stagnation. Asbestos-containing materials must be removed first and may never be burned. The Indiana Department of Environmental Management (IDEM) enforces these rules.

Violations & Penalties

Under IC 13-30-4-1, IDEM can seek a civil penalty up to $25,000 per day of violation for illegal open burning, recovered through a court action that may also enjoin the burning.

Frequently Asked Questions

Do I need a permit to open burn vegetation in Indiana?

No permit is required for the vegetation listed in IC 13-17-9-1: farm, orchard, nursery, tree farm, cemetery, drainage ditch, or agricultural land in an unincorporated area.

Can I burn during windy weather?

No. IC 13-17-9-3 prohibits burning during unfavorable conditions like high winds, temperature inversions, or air stagnation, and every fire must be attended until completely extinguished.

What is the penalty for illegal open burning?

Under IC 13-30-4-1, IDEM can pursue a civil penalty up to $25,000 per day of violation and a court order requiring the burning to stop.

Sources

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