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Tree waste rules in Indiana: open burning exemptions, approval letters for land clearing and air curtain destructors

What rule 326 IAC 4-1 of the Indiana Administrative Code says about open burning of vegetation from nurseries and tree farms, roadside pruning wood, clearing approvals from the commissioner, the 1,000 cubic foot limit and air curtain destructors.

Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. It follows sections 2, 3, 4.1 and 6 of rule 326 IAC 4-1 of the Indiana Administrative Code, read through the Cornell Legal Information Institute copies of the state text, whose history notes end with a filing dated September 28, 2011 for section 3.

The rule and what it exempts

According to section 2 of the rule, open burning is prohibited except as the rule allows, and the department encourages alternatives such as sale or reuse. The section 3 exemptions start with burning for maintenance that Indiana Code 13-17-9 exempts. Section 3 exempts burning of the following.

  • Vegetation from a farm, orchard, nursery, tree farm, cemetery or drainage ditch, and from agricultural land if the burn is in an unincorporated area.
  • Wood products from pruning or clearing a roadside by a county highway department.
  • Wood products from the initial clearing of a public utility right-of-way, if the burn is in an unincorporated area.
  • Undesirable wood structures, or wood remnants of demolishing a mostly wooden structure, in an unincorporated area.

The conditions are that a fire is put out if it creates a nuisance or fire hazard, that burning does not happen in high winds, temperature inversions or air stagnation, that fires are attended until completely out, and that asbestos-containing materials are removed and not burned.

Section 3 also allows recreational fires, private residential burning at buildings of four or fewer dwelling units, and burning for heating from October 1 to May 15. It says burning for heating must not be for disposal, and that recreational fires are not used for disposal. Residential open burning is prohibited in the counties listed in section 4.1(c). For allowed fires, the section adds daylight hours only, fires out before sunset, and adequate firefighting equipment on site.

Approval for clearing and other burning

According to section 4.1, burning not exempted by sections 3 or 4 may be authorized by an approval from the commissioner or the commissioner's agent. The section lists burning of natural growth from a clearing operation, such as removal for a change in land use, and burning of clean wood products. Its criteria include a showing that alternative disposal is impractical or prohibitively expensive and no more than five residences or structures within 500 feet. It says no approval is granted for residential burning in Clark, Floyd, Lake or Porter counties.

Approval conditions include burning only clean wood products, daylight hours, 24 hours notice to the local fire and health departments, no burning within 100 feet of a structure or power line or 300 feet of a frequently traveled road, fuel storage area or pipeline, and no waste regularly generated by a routine business operation. The material burned may not exceed 1,000 cubic feet. An approval letter is valid for up to one year, or up to five years with an open burning plan.

Air curtain destructors

Section 6 says an owner or operator of an air curtain destructor applies for a letter of approval from the commissioner before installing or operating it at a new site, keeps the letter at the site, and that burning exempted under section 3 does not need that letter.

For other places see the table on tree waste and chip rules. Iowa has its own page: tree waste rules in Iowa. Rules for moving wood are on moving wood in Indiana.

Sources