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Indiana Code Title 14. Natural and Cultural Resources § 14-23-6.6-7

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

(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.

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Cite this article: FindLaw.com - Indiana Code Title 14. Natural and Cultural Resources § 14-23-6.6-7 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-14-natural-and-cultural-resources/in-code-sect-14-23-6-6-7/

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