Boone County, IN Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Trigger
- New unplatted home in AG district
- Buffer from farmland
- 40 feet from active agricultural use
- Where recorded
- Boone County Recorder's office
- Protection
- Waives nuisance objection to farming
- Similar rule
- Applies near Rural Equestrian horse use too
Summary
When a new single-family home goes up on unplatted ground in Boone County's Agricultural District, Boone County Code Section 157.062(A)(3)(a) requires the homeowner to record a Right-to-Farm Law of Indiana commitment, acknowledging surrounding agricultural use is permitted and waiving objection to it, so long as it is not a nuisance under state law.
Single-family homes outside of a platted subdivision are considered a restricted use in the AG district and require a thorough review on a site-by-site basis. ... (3) Commitments. In order to protect residential uses from agricultural activities and vice-versa, commitments are required before a building permit will be issued in accordance with I.C. 36-7-4-921. The following commitments must be recorded with the Office of the Boone County Recorder: (a) Right-to-Farm Law of Indiana. The applicant acknowledges and/or agrees that agricultural uses are permitted in the surrounding area, no agricultural or agri-business operation in the area shall be or become a nuisance, and to not object to the continuation of any such agricultural or agri-business operation in the surrounding area as long as such operation does not constitute a nuisance.
Full Breakdown
Section 157.062 treats a single-family home built outside a platted subdivision in the AG district as a restricted use that requires a site-by-site review by the Area Plan Commission and Board of Zoning Appeals. Before a building permit issues, Section 157.062(A)(2) requires a 40-foot buffer between the new residential lot and any abutting active agricultural use, and Section 157.062(A)(3) requires the applicant to record commitments with the Boone County Recorder in accordance with Indiana Code 36-7-4-921. The centerpiece commitment, in Section 157.062(A)(3)(a), invokes the Right-to-Farm Law of Indiana: the applicant acknowledges agricultural uses are permitted in the surrounding area, that no agricultural or agri-business operation there shall be or become a nuisance, and agrees not to object to the continued operation of such farming as long as it does not rise to a nuisance under state law.
A parallel commitment applies to new subdivisions bordering the Rural Equestrian District under Section 157.059, protecting horse boarding and stabling from remonstrance by incoming residential lots. The Administrator routes the building permit application through the Technical Advisory Committee for review before the Administrator can approve it.
Violations & Fines
Because the Right-to-Farm commitment is recorded against the property, breaching it is treated as violating a condition attached to the permit; Section 157.165(C) makes violating conditions established in connection with a special exception or variance a zoning violation carrying civil penalties of up to $500 per day, and the county can also seek an injunction under Section 157.165(A).
Frequently Asked Questions
What is Boone County's right-to-farm commitment?
When must this commitment be recorded?
Does a similar protection exist for horse operations?
Sources & Official References
Other rules in Boone County
Compare Boone County to another location·View the Indiana right to farm overview
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