§ 36-7-2-10 — Ordinance making forestry operation a nuisance or abating operation void; exceptions to valid ordinance

Indiana § 36-7-2-10

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 2: General Powers Concerning Planning and Development

Text

(a) An ordinance adopted after March 31,
2005, by a unit of local government that:
(1) makes a forestry operation (as defined in IC 32-30-6-1.5) a
nuisance; or
(2) provides for an abatement of a forestry operation as a:
(A) nuisance;
(B) trespass; or
(C) zoning violation;
under this chapter is void.
(b) If the owner of a property owned the property before the
enactment of an ordinance that restricts forestry operations but that is
not invalidated by subsection (a), the property is exempt from the
ordinance if the forestry operations (as defined by IC 32-30-6-1.5) on
the property:
(1) comply with generally accepted best management practices;
(2) comply with the practices established in the Indiana Logging
and Forestry Best Management Practices BMP Field Guide, as
published in September 1999, by the division of forestry of the
department of natural resources; and
(3) have been in continuous operation on the property.

Legislative History

As added by P.L.82-2005, SEC.6.