§ 32-30-6-11 — Continuous forestry operation; circumstances under which forestry operation not a nuisance

Indiana § 32-30-6-11

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 6: Nuisance Actions

Text

(a) This section does not apply if a nuisance
results from the negligent operation of a forestry operation.
(b) For purposes of subsection (d), a forestry operation is considered
to be in continuous operation if the locality supports an actual or a
developing timber crop.
(c) A forestry operation that:
(1) existed before a change in the land use or occupancy of land
within one (1) mile of the boundaries of the locality; and
(2) would not have been a nuisance before the change in land use
or occupancy;
is not a private or public nuisance.
(d) A forestry operation that conforms to generally accepted forestry
management practices and that has been in continuous operation is not
a private or public nuisance as a result of any of the following:
(1) A change in the ownership or size of the forestry operation.
(2) Enrollment in a government forestry conservation program.
(3) Use of new forestry technology.
(4) A visual change due to removal of timber or vegetation.
(5) Normal noise from forestry equipment.
(6) Removal of timber or vegetation from a forest adjoining the
locality.
(7) The proper application of pesticides and fertilizers.

Legislative History

As added by P.L.82-2005, SEC.5.