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Clark County, IN Right to Farm: Agricultural Zoning Protection (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

District providing the protection
A1 Agricultural Zone
Governing section
Sec. 156.21(A)
Minimum lot (no sewer)
40,000 square feet
Rezoning process
Plan Commission + Commissioners hearing
Civil penalty for misuse
Up to $2,500 per Sec. 156.99

Summary

Clark County's zoning code sets aside the A1 Agricultural Zone specifically to shield working farms from being crowded out by development. Section 156.21(A) states the district's intent is to protect rural areas from urban encroachment and to allow the continuation of existing agricultural operations while protecting both agricultural and non-agricultural land values.

These county ordinances apply to unincorporated areas of Clark County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) Intention of district. The A1 Agricultural District is designated for agricultural uses and is intended to protect rural areas from urban encroachment until such areas are adaptable to orderly urban expansion. Residential development is limited to houses on large lots, which provide adequate space for private sewer and water systems. It is the intent of this chapter to allow the continuation of existing agricultural operations and protect the use and value of both agricultural and non-agricultural land within the jurisdiction of the Plan Commission.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).

Full Breakdown

Rather than a standalone right-to-farm ordinance, Clark County builds its protection for agricultural land into the purpose clause of its zoning code. 21(A) explains that the A1 Agricultural District exists to protect rural areas from urban encroachment until such areas are adaptable to orderly urban expansion, and it caps residential development in the district to houses on large lots that leave room for private septic and well systems, rather than dense subdivisions that would crowd out farm operations. The same subsection states it is the intent of the chapter to allow the continuation of existing agricultural operations and protect the use and value of both agricultural and non-agricultural land within the jurisdiction of the Plan Commission, language that functions as the county's policy basis for keeping farmland zoned for farming rather than rezoning it piecemeal as development approaches.

21(B), which puts agricultural uses, including crop raising and livestock, ahead of single-family dwellings as the district's primary purpose, and in its large minimum lot sizes, 40,000 square feet for a home on a septic system, which discourage subdividing farmland into small residential parcels. C. 36-7-4-608 through -610, with a public hearing and mailed notice to abutting owners, giving existing farm operations formal notice before their agricultural buffer changes.

Violations & Fines

This is a protective zoning designation rather than a prohibition, so there is no direct violation of Section 156.21(A) itself; the penalty exposure attaches to using A1 land for something outside the district's permitted or special uses. An unauthorized non-agricultural use in the A1 district is a Chapter 156 violation carrying a civil penalty of up to $2,500 per Section 156.99, with continuing daily violations and injunctive relief both available to the Plan Commission.

Frequently Asked Questions

Does Clark County have a right-to-farm ordinance?
There is no standalone right-to-farm chapter in the county code; the protection for agricultural land is built into Section 156.21(A), the A1 Agricultural Zone's purpose clause, which states the district's intent to allow the continuation of existing agricultural operations.
How does the A1 zone protect against development pressure?
It limits the district mainly to agricultural uses and single-family homes on large lots, sets a 40,000-square-foot minimum lot size for homes without sanitary sewer service, and requires a Plan Commission and Board of Commissioners hearing before any A1 land can be rezoned.
Can a farm operation in the A1 zone be rezoned without notice?
No. Section 156.21(F) requires rezoning proposals to go through the Plan Commission and follow the notice procedures in I.C. 36-7-4-608 through -610, including mailed notice to abutting property owners before a public hearing.
What happens if A1 land is used for something other than farming or a home?
An unpermitted use outside Section 156.21(B)'s permitted list, or without a special use approval under Section 156.48, is a Chapter 156 violation exposing the landowner to a civil penalty of up to $2,500 under Section 156.99.

Sources & Official References

Other rules in Clark County

All Clark County rules

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