Ind. Code ch. 14-23-6.6

Ind. Code ch. 14-23-6.6
in effect

Ind. Code § 14-23-6.6-1 Certified prescribed burn manager

Sec. 1. As used in this chapter, a "certified prescribed burn manager" means a person who has successfully completed the division of forestry's prescribed burn manager training program. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-2 Landowner's agent

Sec. 2. As used in this chapter, "landowner's agent" refers to a person who has permission from a landowner to use prescribed burning on the landowner's property. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-3 Prescribed burn

Sec. 3. As used in this chapter, "prescribed burn" or "prescribed burning" means the planned application of fire to a naturally occurring vegetative fuel to accomplish one (1) or more land management objectives, including: (1) a forestry operation; (2) a vegetative fuel reduction; (3) a silvicultural treatment; (4) a wildlife habitat improvement; or (5) the management of: (A) a grassland; (B) a forest; (C) a woodland; (D) a savanna; or (E) any other plant community. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-4 Prescribed burn plan

Sec. 4. As used in this chapter, "prescribed burn plan" means a written plan in a format approved by the division of forestry that establishes the conditions and methods for prescribed burning. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-5 Right to conduct prescribed burning

Sec. 5. A landowner has the right to conduct prescribed burning on the landowner's property. However, the privileges and immunities afforded by this chapter are only available to a landowner who complies with section 6 of this chapter. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-6 Prescribed burn requirements for privileges and immunities

Sec. 6. (a) Before conducting a prescribed burn under this chapter, a person shall: (1) if the person conducting the controlled burn is not the property's landowner, obtain the written consent of the property's landowner; (2) have a written prescribed burn plan prepared and approved by a certified prescribed burn manager; and (3) notify the nearest local fire department and county dispatcher or 911 dispatcher at least twenty-four (24) hours before the prescribed burn begins. (b) While the prescribed burn is being completed, the person shall have: (1) at least one (1) certified prescribed burn manager on site of the prescribed burn; and (2) a completed copy of the prescribed burn plan in the person's possession. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-7 Civil immunity

Sec. 7. (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) prescribed burn; or (2) smoke produced by the prescribed burn. (b) The immunity described in subsection (a) does not apply if the harm was the result of the certified prescribed burn manager's: (1) negligence; or (2) willful and wanton misconduct. (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) prescribed burn; or (2) smoke produced by the prescribed burn. (d) The immunity described in subsection (c) does not apply if the harm was the result of the: (1) negligence of the landowner or the landowner's agent; or (2) willful and wanton misconduct of the landowner or the landowner's agent. (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) Participation in planning, undertaking, or assisting with prescribed burning. (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.

Ind. Code § 14-23-6.6-8 Exemption from county ordinances prohibiting the burning of vegetation

Sec. 8. If a prescribed burn is completed in accordance with section 6 of this chapter, the prescribed burn is exempt from any prohibition on burning vegetation issued by a county or municipality, including a local disaster emergency declaration under IC 10-14-3-29. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-9 Exemption from nuisance

Sec. 9. Prescribed burning and the smoke produced by prescribed burning do not constitute a nuisance. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-10 Actual damages

Sec. 10. Damages for injuries or losses as result of a prescribed burn are limited to actual damages. As added by P.L.124-2025, SEC.1.

Ind. Code § 14-23-6.6-11 Administration of chapter

Sec. 11. The division of forestry shall administer the prescribed burn certification program and standards for completing a prescribed burn plan. As added by P.L.124-2025, SEC.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/14Fetched: 10/17/2026