Forms, Requests and FAQs

Open Burning Requirements

Within the City of Elkhart

Indiana State Law 326 IAC 4-1-3 and Indiana Fire Code Chapter 3.

1. Open burning is only allowed for recreational or ceremonial purposes. The fires shall not be used for disposal purposes. (i.e. leaf burning/construction waste, etc.)

2. Open burning is prohibited in apartment/condominium complexes and mobile home parks.

3. Only the following can be burned:

a. Clean wood products

b. Paper

c. Charcoal

d. Clean petroleum products (Propane or Natural Gas)

4. Fires must be attended at all times and until completely extinguished.

5. Adequate equipment shall be on-site for extinguishing purposes while burning.

6. No burning during unfavorable weather conditions such as:

a. High winds

b. Temperature inversions

c. Air Stagnation

d. When a pollution alert or air quality action day has been declared

7. A fire shall be extinguished if at any time it creates a:

a. Pollution problem

b. Threat to public health

c. Nuisance

d. Fire hazard

8. Fires that have a fuel area 3 feet in diameter or less and 2 feet high or less must be a minimum of 25 feet from a structure.

Exception: Fires in an approved container (non-combustible sides and bottom) must be a minimum of 15 feet from a structure.

9. Fires with a fuel area greater than 3 feet in diameter and 2 feet high must be a minimum of 50 feet from a structure.

10. The Indiana Department of Environmental Management (IDEM) and Elkhart Fire Dept. must approve fires with a fuel area greater than 125 cubic feet prior to ignition.