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

Indiana Statutes

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

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

(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 fores

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(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.

Indiana § 32-30-6-11 (Continuous forestry operation; circumstances under which forestry operation not a nuisance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.