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Indiana House Bill HB1557

Indiana 2025 Regular Session

Indiana House Bill HB1557 Compare Versions

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1+*EH1557.1*
2+March 26, 2025
3+ENGROSSED
4+HOUSE BILL No. 1557
5+_____
6+DIGEST OF HB 1557 (Updated March 25, 2025 2:27 pm - DI 150)
7+Citations Affected: IC 14-23; IC 34-30.
8+Synopsis: Prescribed burning. Defines "prescribed burn". Provides for
9+the following: (1) Requirements to be met before a person conducts a
10+prescribed burning. (2) That a certified prescribed burn manager and
11+a completed prescribed burn plan must be present during a prescribed
12+burning. (3) Certain civil liability immunities related to conducting a
13+prescribed burn and the prescribed burn certification program. (4)
14+Under certain conditions, exemption of prescribed burning from certain
15+local regulations. (5) That a prescribed burning and the smoke
16+produced by the prescribed burning do not constitute a nuisance. (6)
17+That the division of forestry shall administer the training and
18+certification program for prescribed burning. Limits damages for
19+injuries or losses as result of a prescribed burn to actual damages.
20+Effective: July 1, 2025.
21+Baird, Karickhoff, Bauer M,
22+Aylesworth
23+(SENATE SPONSOR — GLICK)
24+January 21, 2025, read first time and referred to Committee on Natural Resources.
25+January 30, 2025, amended, reported — Do Pass.
26+February 3, 2025, read second time, ordered engrossed.
27+February 4, 2025, engrossed. Read third time, passed. Yeas 73, nays 15.
28+SENATE ACTION
29+February 19, 2025, read first time and referred to Committee on Natural Resources.
30+March 25, 2025, amended, reported favorably — Do Pass.
31+EH 1557—LS 7593/DI 148 March 26, 2025
132 First Regular Session of the 124th General Assembly (2025)
233 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
334 Constitution) is being amended, the text of the existing provision will appear in this style type,
435 additions will appear in this style type, and deletions will appear in this style type.
536 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
637 provision adopted), the text of the new provision will appear in this style type. Also, the
738 word NEW will appear in that style type in the introductory clause of each SECTION that adds
839 a new provision to the Indiana Code or the Indiana Constitution.
940 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1041 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1557
12-AN ACT to amend the Indiana Code concerning natural and cultural
13-resources.
42+ENGROSSED
43+HOUSE BILL No. 1557
44+A BILL FOR AN ACT to amend the Indiana Code concerning
45+natural and cultural resources.
1446 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 14-23-6.6 IS ADDED TO THE INDIANA CODE
16-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]:
18-Chapter 6.6. Prescribed Burning
19-Sec. 1. As used in this chapter, a "certified prescribed burn
20-manager" means a person who has successfully completed the
21-division of forestry's prescribed burn manager training program.
22-Sec. 2. As used in this chapter, "landowner's agent" refers to a
23-person who has permission from a landowner to use prescribed
24-burning on the landowner's property.
25-Sec. 3. As used in this chapter, "prescribed burn" or
26-"prescribed burning" means the planned application of fire to a
27-naturally occurring vegetative fuel to accomplish one (1) or more
28-land management objectives, including:
29-(1) a forestry operation;
30-(2) a vegetative fuel reduction;
31-(3) a silvicultural treatment;
32-(4) a wildlife habitat improvement; or
33-(5) the management of:
34-(A) a grassland;
35-(B) a forest;
36-HEA 1557 — Concur 2
37-(C) a woodland;
38-(D) a savanna; or
39-(E) any other plant community.
40-Sec. 4. As used in this chapter, "prescribed burn plan" means
41-a written plan in a format approved by the division of forestry that
42-establishes the conditions and methods for prescribed burning.
43-Sec. 5. A landowner has the right to conduct prescribed burning
44-on the landowner's property. However, the privileges and
47+1 SECTION 1. IC 14-23-6.6 IS ADDED TO THE INDIANA CODE
48+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
49+3 JULY 1, 2025]:
50+4 Chapter 6.6. Prescribed Burning
51+5 Sec. 1. As used in this chapter, a "certified prescribed burn
52+6 manager" means a person who has successfully completed the
53+7 division of forestry's prescribed burn manager training program.
54+8 Sec. 2. As used in this chapter, "landowner's agent" refers to a
55+9 person who has permission from a landowner to use prescribed
56+10 burning on the landowner's property.
57+11 Sec. 3. As used in this chapter, "prescribed burn" or
58+12 "prescribed burning" means the planned application of fire to a
59+13 naturally occurring vegetative fuel to accomplish one (1) or more
60+14 land management objectives, including:
61+15 (1) a forestry operation;
62+16 (2) a vegetative fuel reduction;
63+17 (3) a silvicultural treatment;
64+EH 1557—LS 7593/DI 148 2
65+1 (4) a wildlife habitat improvement; or
66+2 (5) the management of:
67+3 (A) a grassland;
68+4 (B) a forest;
69+5 (C) a woodland;
70+6 (D) a savanna; or
71+7 (E) any other plant community.
72+8 Sec. 4. As used in this chapter, "prescribed burn plan" means
73+9 a written plan in a format approved by the division of forestry that
74+10 establishes the conditions and methods for prescribed burning.
75+11 Sec. 5. A landowner has the right to conduct prescribed burning
76+12 on the landowner's property. However, the privileges and
77+13 immunities afforded by this chapter are only available to a
78+14 landowner who complies with section 6 of this chapter.
79+15 Sec. 6. (a) Before conducting a prescribed burn under this
80+16 chapter, a person shall:
81+17 (1) if the person conducting the controlled burn is not the
82+18 property's landowner, obtain the written consent of the
83+19 property's landowner;
84+20 (2) have a written prescribed burn plan prepared and
85+21 approved by a certified prescribed burn manager; and
86+22 (3) notify the nearest local fire department and county
87+23 dispatcher or 911 dispatcher at least twenty-four (24) hours
88+24 before the prescribed burn begins.
89+25 (b) While the prescribed burn is being completed, the person
90+26 shall have:
91+27 (1) at least one (1) certified prescribed burn manager on site
92+28 of the prescribed burn; and
93+29 (2) a completed copy of the prescribed burn plan in the
94+30 person's possession.
95+31 Sec. 7. (a) Subject to subsection (b), a certified prescribed burn
96+32 manager who conducts the prescribed burning in accordance with
97+33 section 6 of this chapter is immune from civil liability for harm
98+34 caused by the:
99+35 (1) prescribed burn; or
100+36 (2) smoke produced by the prescribed burn.
101+37 (b) The immunity described in subsection (a) does not apply if
102+38 the harm was the result of the certified prescribed burn manager's:
103+39 (1) negligence; or
104+40 (2) willful and wanton misconduct.
105+41 (c) Subject to subsection (d), a landowner or landowner's agent
106+42 who conducts prescribed burning on the landowner's property in
107+EH 1557—LS 7593/DI 148 3
108+1 accordance with section 6 of this chapter is immune from civil
109+2 liability for harm caused by the:
110+3 (1) prescribed burn; or
111+4 (2) smoke produced by the prescribed burn.
112+5 (d) The immunity described in subsection (c) does not apply if
113+6 the harm was the result of the:
114+7 (1) negligence of the landowner or the landowner's agent; or
115+8 (2) willful and wanton misconduct of the landowner or the
116+9 landowner's agent.
117+10 (e) The division of forestry's officers, agents, and employees are
118+11 immune from civil liability, in accordance with IC 34-13-3, arising
119+12 out of any of the following:
120+13 (1) Participation in planning, undertaking, or assisting with
121+14 prescribed burning.
122+15 (2) Administration of the prescribed burn certification
123+16 program, including revocation of prescribed burn
124+17 certifications issued under the program.
125+18 Sec. 8. If a prescribed burn is completed in accordance with
126+19 section 6 of this chapter, the prescribed burn is exempt from any
127+20 prohibition on burning vegetation issued by a county or
128+21 municipality, including a local disaster emergency declaration
129+22 under IC 10-14-3-29.
130+23 Sec. 9. Prescribed burning and the smoke produced by
131+24 prescribed burning do not constitute a nuisance.
132+25 Sec. 10. Damages for injuries or losses as result of a prescribed
133+26 burn are limited to actual damages.
134+27 Sec. 11. The division of forestry shall administer the prescribed
135+28 burn certification program and standards for completing a
136+29 prescribed burn plan.
137+30 SECTION 2. IC 34-30-2.1-178.3 IS ADDED TO THE INDIANA
138+31 CODE AS A NEW SECTION TO READ AS FOLLOWS
139+32 [EFFECTIVE JULY 1, 2025]: Sec. 178.3. IC 14-23-6.6-7 (Concerning
140+33 prescribed burning and the prescribed burn certification
141+34 program).
142+EH 1557—LS 7593/DI 148 4
143+COMMITTEE REPORT
144+Mr. Speaker: Your Committee on Natural Resources, to which was
145+referred House Bill 1557, has had the same under consideration and
146+begs leave to report the same back to the House with the
147+recommendation that said bill be amended as follows:
148+Page 2, delete lines 11 through 14, begin a new paragraph and
149+insert:
150+"Sec. 5. A landowner has the right to conduct prescribed
151+burning on the landowner's property. However, the privileges and
45152 immunities afforded by this chapter are only available to a
46-landowner who complies with section 6 of this chapter.
47-Sec. 6. (a) Before conducting a prescribed burn under this
48-chapter, a person shall:
49-(1) if the person conducting the controlled burn is not the
50-property's landowner, obtain the written consent of the
51-property's landowner;
52-(2) have a written prescribed burn plan prepared and
53-approved by a certified prescribed burn manager; and
54-(3) notify the nearest local fire department and county
55-dispatcher or 911 dispatcher at least twenty-four (24) hours
56-before the prescribed burn begins.
57-(b) While the prescribed burn is being completed, the person
58-shall have:
59-(1) at least one (1) certified prescribed burn manager on site
60-of the prescribed burn; and
61-(2) a completed copy of the prescribed burn plan in the
62-person's possession.
63-Sec. 7. (a) Subject to subsection (b), a certified prescribed burn
153+landowner who complies with section 6 of this chapter.".
154+Page 2, delete lines 31 through 42, begin a new paragraph and
155+insert:
156+"Sec. 7. (a) Subject to subsection (b), a certified prescribed burn
64157 manager who conducts the prescribed burning in accordance with
65158 section 6 of this chapter is immune from civil liability for harm
66159 caused by the:
67160 (1) prescribed burn; or
68161 (2) smoke produced by the prescribed burn.
69162 (b) The immunity described in subsection (a) does not apply if
70163 the harm was the result of the certified prescribed burn manager's:
71-(1) negligence; or
164+(1) gross negligence; or
72165 (2) willful and wanton misconduct.
73166 (c) Subject to subsection (d), a landowner or landowner's agent
74167 who conducts prescribed burning on the landowner's property in
75168 accordance with section 6 of this chapter is immune from civil
76169 liability for harm caused by the:
77170 (1) prescribed burn; or
78171 (2) smoke produced by the prescribed burn.
79-HEA 1557 — Concur 3
80172 (d) The immunity described in subsection (c) does not apply if
81173 the harm was the result of the:
82-(1) negligence of the landowner or the landowner's agent; or
174+(1) gross negligence of the landowner or the landowner's
175+agent; or
83176 (2) willful and wanton misconduct of the landowner or the
84177 landowner's agent.
85178 (e) The division of forestry's officers, agents, and employees are
86-immune from civil liability, in accordance with IC 34-13-3, arising
87-out of any of the following:
179+immune from civil liability arising out of any of the following:
88180 (1) Participation in planning, undertaking, or assisting with
89181 prescribed burning.
90182 (2) Administration of the prescribed burn certification
91183 program, including revocation of prescribed burn
92-certifications issued under the program.
93-Sec. 8. If a prescribed burn is completed in accordance with
184+certifications issued under the program.".
185+EH 1557—LS 7593/DI 148 5
186+Page 3, delete lines 1 through 30, begin a new paragraph and insert:
187+"Sec. 8. If a prescribed burn is completed in accordance with
94188 section 6 of this chapter, the prescribed burn is exempt from any
95-prohibition on burning vegetation issued by a county or
96-municipality, including a local disaster emergency declaration
97-under IC 10-14-3-29.
189+prohibition on burning vegetation issued by a county, including a
190+local disaster emergency declaration under IC 10-14-3-29.
98191 Sec. 9. Prescribed burning and the smoke produced by
99-prescribed burning do not constitute a nuisance.
100-Sec. 10. Damages for injuries or losses as result of a prescribed
101-burn are limited to actual damages.
102-Sec. 11. The division of forestry shall administer the prescribed
103-burn certification program and standards for completing a
104-prescribed burn plan.
105-SECTION 2. IC 34-30-2.1-178.3 IS ADDED TO THE INDIANA
106-CODE AS A NEW SECTION TO READ AS FOLLOWS
107-[EFFECTIVE JULY 1, 2025]: Sec. 178.3. IC 14-23-6.6-7 (Concerning
108-prescribed burning and the prescribed burn certification
109-program).
110-HEA 1557 — Concur Speaker of the House of Representatives
111-President of the Senate
112-President Pro Tempore
113-Governor of the State of Indiana
114-Date: Time:
115-HEA 1557 — Concur
192+prescribed burning do not constitute a nuisance.".
193+Page 3, line 31, delete "Sec. 9." and insert "Sec. 10.".
194+and when so amended that said bill do pass.
195+(Reference is to HB 1557 as introduced.)
196+LINDAUER
197+Committee Vote: yeas 10, nays 1.
198+_____
199+COMMITTEE REPORT
200+Mr. President: The Senate Committee on Natural Resources, to
201+which was referred House Bill No. 1557, has had the same under
202+consideration and begs leave to report the same back to the Senate with
203+the recommendation that said bill be AMENDED as follows:
204+Page 2, line 39, delete "gross".
205+Page 3, line 7, delete "gross".
206+Page 3, line 12, delete "liability" and insert "liability, in accordance
207+with IC 34-13-3,".
208+Page 3, line 20, delete "county," and insert "county or
209+municipality,".
210+Page 3, between lines 23 and 24, begin a new paragraph and insert:
211+ "Sec. 10. Damages for injuries or losses as result of a prescribed
212+burn are limited to actual damages.".
213+Page 3, line 24, delete "Sec. 10." and insert "Sec. 11.".
214+and when so amended that said bill do pass.
215+(Reference is to HB 1557 as printed January 30, 2025.)
216+GLICK, Chairperson
217+Committee Vote: Yeas 8, Nays 0.
218+EH 1557—LS 7593/DI 148