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

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

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.

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

IC 32-30-7Chapter 7. Actions for Indecent Nuisances

32-30-7-1"Indecent nuisance" 32-30-7-2"Person" 32-30-7-3"Place" 32-30-7-4"Prosecuting official" 32-30-7-5"Public place" 32-30-7-6Persons guilty of maintaining an indecent nuisance 32-30-7-7Action by prosecuting official; actions by other persons 32-30-7-8Venue 32-30-7-9Preliminary injunction; hearing; restraining order; service 32-30-7-10Complaint; notice; hearing; service 32-30-7-11Consolidation of trial on merits and hearing on request for preliminary injunction 32-30-7-12Preliminary injunction; burden of proof; temporary forfeiture; closure pending final decision on permanent injunction 32-30-7-13Effect of preliminary injunction; restraining orders 32-30-7-14Restraining orders; service; inventory 32-30-7-15Owner of real property; payment of costs; surety; abatement of indecent nuisance; showing good faith; discharge of preliminary injunction 32-30-7-16Owner of personal property; petition for release of property; good faith; discharge of preliminary injunction 32-30-7-17Release of property; liens 32-30-7-18Precedence of indecent nuisance action 32-30-7-19Evidence 32-30-7-20Actions by private persons; dismissal; prosecution by prosecuting attorney; costs 32-30-7-21Burden of proof; judgment for perpetual enjoinment 32-30-7-22Order of abatement; requirements; release of property; claiming property 32-30-7-23Violation of court orders 32-30-7-24Collected money paid to county treasurer; proceeds of sales applied to costs 32-30-7-24.5Distribution of money collected in human trafficking actions 32-30-7-25Indecent nuisances created by tenants; voidable title; reversion to owner; entry