Clark County, IN Right to Farm: Agricultural Zoning Protection (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.
(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.
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?
How does the A1 zone protect against development pressure?
Can a farm operation in the A1 zone be rezoned without notice?
What happens if A1 land is used for something other than farming or a home?
Sources & Official References
Other rules in Clark County
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