First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1557
AN ACT to amend the Indiana Code concerning natural and cultural
resources.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 14-23-6.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 6.6. Prescribed Burning
Sec. 1. As used in this chapter, a "certified prescribed burn
manager" means a person who has successfully completed the
division of forestry's prescribed burn manager training program.
Sec. 2. As used in this chapter, "landowner's agent" refers to a
person who has permission from a landowner to use prescribed
burning on the landowner's property.
Sec. 3. As used in this chapter, "prescribed burn" or
"prescribed burning" means the planned application of fire to a
naturally occurring vegetative fuel to accomplish one (1) or more
land management objectives, including:
(1) a forestry operation;
(2) a vegetative fuel reduction;
(3) a silvicultural treatment;
(4) a wildlife habitat improvement; or
(5) the management of:
(A) a grassland;
(B) a forest;
HEA 1557 — Concur 2
(C) a woodland;
(D) a savanna; or
(E) any other plant community.
Sec. 4. As used in this chapter, "prescribed burn plan" means
a written plan in a format approved by the division of forestry that
establishes the conditions and methods for prescribed burning.
Sec. 5. A landowner has the right to conduct prescribed burning
on the landowner's property. However, the privileges and
immunities afforded by this chapter are only available to a
landowner who complies with section 6 of this chapter.
Sec. 6. (a) Before conducting a prescribed burn under this
chapter, a person shall:
(1) if the person conducting the controlled burn is not the
property's landowner, obtain the written consent of the
property's landowner;
(2) have a written prescribed burn plan prepared and
approved by a certified prescribed burn manager; and
(3) notify the nearest local fire department and county
dispatcher or 911 dispatcher at least twenty-four (24) hours
before the prescribed burn begins.
(b) While the prescribed burn is being completed, the person
shall have:
(1) at least one (1) certified prescribed burn manager on site
of the prescribed burn; and
(2) a completed copy of the prescribed burn plan in the
person's possession.
Sec. 7. (a) Subject to subsection (b), a certified prescribed burn
manager who conducts the prescribed burning in accordance with
section 6 of this chapter is immune from civil liability for harm
caused by the:
(1) prescribed burn; or
(2) smoke produced by the prescribed burn.
(b) The immunity described in subsection (a) does not apply if
the harm was the result of the certified prescribed burn manager's:
(1) negligence; or
(2) willful and wanton misconduct.
(c) Subject to subsection (d), a landowner or landowner's agent
who conducts prescribed burning on the landowner's property in
accordance with section 6 of this chapter is immune from civil
liability for harm caused by the:
(1) prescribed burn; or
(2) smoke produced by the prescribed burn.
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(d) The immunity described in subsection (c) does not apply if
the harm was the result of the:
(1) negligence of the landowner or the landowner's agent; or
(2) willful and wanton misconduct of the landowner or the
landowner's agent.
(e) The division of forestry's officers, agents, and employees are
immune from civil liability, in accordance with IC 34-13-3, arising
out of any of the following:
(1) Participation in planning, undertaking, or assisting with
prescribed burning.
(2) Administration of the prescribed burn certification
program, including revocation of prescribed burn
certifications issued under the program.
Sec. 8. If a prescribed burn is completed in accordance with
section 6 of this chapter, the prescribed burn is exempt from any
prohibition on burning vegetation issued by a county or
municipality, including a local disaster emergency declaration
under IC 10-14-3-29.
Sec. 9. Prescribed burning and the smoke produced by
prescribed burning do not constitute a nuisance.
Sec. 10. Damages for injuries or losses as result of a prescribed
burn are limited to actual damages.
Sec. 11. The division of forestry shall administer the prescribed
burn certification program and standards for completing a
prescribed burn plan.
SECTION 2. IC 34-30-2.1-178.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 178.3. IC 14-23-6.6-7 (Concerning
prescribed burning and the prescribed burn certification
program).
HEA 1557 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1557 — Concur