First Regular Session 113th General Assembly (2003)


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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.


HEA 1657 _ Concur

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