Laws and Rules
Indiana’s laws and rules for open burning are found in the Indiana Code (IC) and Indiana Administrative Code (IAC). They set forth prohibitions, exemptions, requirements, and conditions that must be met when conducting permissible open burning activities.
- State environmental laws for open burning are found in Title 13, Article 17, Chapter 9, of the Indiana Code (IC 13-17-9).
- State open burning rules, over which IDEM has authority, are found in Title 326, Article 4, Rule 1 of the Indiana Administrative Code (326 IAC 4-1) and include:
- Prohibition against open burning (326 IAC 4-1-2)
- Exemptions (326 IAC 4-1-3)
- Emergency burning (326 IAC 4-1-4)
- Open burning approval; criteria and conditions (326 IAC 4-1-4.1)
- Liability for fire (326 IAC 4-1-5)
- Air curtain destructors (326 IAC 4-1-6, 4-1-7, and 4-1-8)
Local governments have authority to adopt ordinances that are more stringent or specific than state requirements. IDEM does not have authority to oversee or enforce local ordinances, but the agency is aware that some local ordinances exist. Citizens must comply with their city and county regulations regarding local open burning restrictions in addition to the state open burning laws and rules. Local requirements and contact information may be available online:
- MyLocal.IN.gov provides links to local government agency websites (select a county from the dropdown menu).
- Larger metropolitan areas such as Indianapolis (Marion County), Evansville, South Bend, and Fort Wayne often have information on their websites for residents within city limits.
IDEM is available to provide technical assistance to local officials who are developing local ordinances.