Open Burning

OPEN BURNING IS NOT PERMITTED IN CLARK COUNTY INDIANA FOR ANY REASON. This is true for Clark, Lake, Porter and Floyd counties. You may submit an application seeking approval from IDEM to engage in open burning.    Application packets for open burning variances are available from the IDEM Office of Air Quality.  A PDF explaining the reasons behind this residential burning ban is available from the Indiana Department of Environmental Management

For other counties in Indiana:

Open burning is defined (under 326 IAC 4-1-0.5(6)) as "the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber."  Generally, open burning is prohibited in Indiana.

However, there are exceptions described in the rules on Open Burning in 326 IAC 4.

It also is noteworthy that 326 IAC 4-1-5 states that, "Any person who allows the accumulation or existence of combustible material which constitutes or contributes to a fire causing air pollution may not refute liability for violation of this rule (326 IAC 4-1) on the basis that said fire was set by vandals, accidental, or an act of God."

The Conditions Under Which Open Burning is Allowed

All of the various allowable open burning activities described on this page can only be performed under certain conditions including that:

• Burning must be done during safe weather conditions, not during high winds, temperature inversions, or on pollution alert days.

• Burning must be done during daylight hours.

• Fires must be attended until completely extinguished.

• Fires must be extinguished if they create a hazard, nuisance, pollution problem or threat to public health.

• Fire fighting equipment adequate for the size of the fire must be nearby.

• Burning activities also must comply with all other federal, state and local laws, rules and ordinances.

Situations When Open Burning is Allowed

The following types of fires are allowed:

• Maintenance burning

• Farm Burning; wood products derived from the following farm maintenance operations:

  • Burning of fence rows and fields or materials derived there from.

  • Burning of natural growth derived from clearing drainage ditch

  • Burning of limbs and prunings, but only if so diseased or infected as to present a contamination problem.

• Private residential burning

• Where a residence is 4 or fewer units.  Burning shall be in a non combustible container sufficiently vented to include primary combustion air with enclosed sides, a bottom, and a mesh covering with openings no larger than one fourth inch square.  Burning is prohibited in apartment complexes and mobile home parks.

• Recreational or ceremonial fires, but only if:

  • Clean wood, charcoal, paper, or petroleum products are burned,

  • The local fire department was notified 24 hours in advance if the pile to be burned is more than 125 cubic feet (5 ft. X 5 ft. X 5 ft.),

  • The fire is not ignited more than 2 hours before the recreational activity is to take place and is extinguished upon the conclusion of the activity,

  • The pile to be burned is less than 1000 cubic feet (10 ft. X 10 ft. X10 ft.),

  • The fire is not for disposal purposes, and

  • The fire is not within 500 feet of a pipeline or fuel storage area;

• Burning, for the purpose of heating, clean wood products or paper in a noncombustible container that is sufficiently vented to induce adequate combustion and has enclosed sides and a bottom;

• Waste oil, but only that waste oil spilled during oil well testing, and only if collected in a burn-off pit as described under 312 IAC 16-5-11.   All burn-off pits must be located a safe distance from any oil well, oil storage tank, building, or other structure and must be constructed to prevent the escape of oil and be of sufficient height to prevent surface water from entering the pit. No burn-off pit shall be constructed where the soil is porous and closely underlaid by either gravel or sand strata. The walls of a burn-off pit shall be kept free of vegetation.
  NOTE: Although 312 IAC 16-5-11 also lists other waste oil, including cut oil, bottom sediments, and tank bottoms as being suitable for burning in a burn-off pit, operators must obtain an open burning variance from IDEM before burning any waste oil other than waste oil spilled during oil well testing.

• Prescribed burning by the Indiana Department of Natural Resources or the U.S. Forest Service;

• Burning by fire fighters to create fire breaks to extinguish an existing wildfire; or

• Burning clean petroleum products for fire extinguisher training.