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Indiana Code Title 32. Property § 32-30-6-11

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

Sec. 11. (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.

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Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-30-6-11 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-30-6-11/

Read this complete Indiana Code Title 32. Property § 32-30-6-11 on Westlaw. Westlaw subscription required.

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