First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1657
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-17-9-1; (03)HE1657.1.1. -->
SECTION 1. IC 13-17-9-1, AS AMENDED BY P.L.1-1999,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) Subject to section 3 of this chapter, a person
may open burn the following for maintenance purposes:
(1) Vegetation from:
(A) a farm;
(B) an orchard;
(C) a nursery;
(D) a tree farm;
(E) a cemetery; or
(F) a drainage ditch.
(2)
Vegetation from agricultural land if the open burn occurs
in an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside by
a county highway department.
(3) (4) Wood products derived from the initial clearing of a public
utility right-of-way if the open burn occurs in an unincorporated
area.
(4) (5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly
wooden structure originally located on real property;
located in an unincorporated area.
(b) A person who is allowed to open burn under subsection (a) is not
required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire
department before conducting the open burning.