Prescribed burning., the official text

First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1557

   AN ACT to amend the Indiana Code concerning natural and cultural
resources.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 14-23-6.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:

   Chapter 6.6. Prescribed Burning
   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.
   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.
   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;

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         (C) a woodland;
         (D) a savanna; or
         (E) any other plant community.
   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.
   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.
   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.
   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.

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   (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 division of forestry'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.
   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.
   Sec. 9. Prescribed burning and the smoke produced by
prescribed burning do not constitute a nuisance.
   Sec. 10. Damages for injuries or losses as result of a prescribed
burn are limited to actual damages.
   Sec. 11. The division of forestry shall administer the prescribed
burn certification program and standards for completing a
prescribed burn plan.
   SECTION 2. IC 34-30-2.1-178.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 178.3. IC 14-23-6.6-7 (Concerning
prescribed burning and the prescribed burn certification
program).

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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