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Howard County, IN Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Governing section
Howard County Code § 97.03(J)(3)
Ag/industrial exemption
I.C. 32-30-6-9 operations excluded
Forestry exemption
I.C. 32-30-6-11 operations excluded
Cropland exemption
Cultivated hay/pasture land, I.C. 36-7-10.1-3(a)
Also exempt
Detrimental-plant destruction, government entities, schools
Enforcer excluded
County Compliance Official has no jurisdiction

Summary

Unincorporated Howard County's public nuisance ordinance, which targets abandoned vehicles, garbage and junk, does not reach working farms. Section 97.03(J)(3) carves out agricultural and industrial operations, forestry operations, destruction of detrimental plants, and land where crops, hay or pasture are cultivated, pointing to the same Indiana Code sections that give farmers state-law nuisance protection. County code enforcement staff cannot cite a qualifying farm operation.

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

(3) Applicability. This chapter does not apply to the following: (a) Agricultural and industrial operations as described in I.C. 32-30-6-9; (b) Forestry operations as described in I.C. 32-30-6-11; (c) Destruction of detrimental plants in I.C. 15-16-8; (d) Real property upon which agricultural crops are cultivated, including hay and pasture, as described in I.C. 36-7-10.1-3(a); and (e) County municipal corporations as defined in I.C. 36-1-2-10, and county governmental units, departments and school corporations.

Full Breakdown

03, adopted by Ord. 2025 BCCO-13 on April 21, 2025, declares abandoned vehicles, garbage and junk to be public nuisances enforceable by the county's Compliance Official, but subsection (J)(3) lists five categories the chapter does not reach. C. C. 32-30-6-11. Indiana Code 32-30-6 is the state's agricultural nuisance statute, which generally shields an established agricultural or forestry operation from nuisance suits once it has run for more than a year without a substantial change, and Howard County's own ordinance text builds that same shield into its local nuisance chapter rather than leaving it to be litigated case by case.

C. C. 15-16-8, and a final one exempts county municipal corporations, governmental units, departments and school corporations from being cited under this chapter. 03(J)(3) to show the county's own code places the activity outside the Compliance Official's jurisdiction.

Violations & Fines

There is no separate penalty here because the exemption removes qualifying farm and forestry operations from the nuisance chapter entirely: the Compliance Official cannot issue a violation notice, order abatement, or assess the chapter's escalating $100/$500/$1,000 fines against an operation that falls within § 97.03(J)(3). A property owner who believes an exemption was wrongly ignored can still raise it as a defense before the Hearing Authority during any appeal of a violation notice.

Frequently Asked Questions

Does Howard County's nuisance ordinance apply to my farm?
No, not if you qualify for one of the exemptions in § 97.03(J)(3). Agricultural and industrial operations under I.C. 32-30-6-9, forestry operations under I.C. 32-30-6-11, and property where crops, hay or pasture are cultivated under I.C. 36-7-10.1-3(a) are all outside the chapter's reach, so the county's Compliance Official has no authority to issue a nuisance violation notice against them.
What if a neighbor complains about junk or debris tied to my farm equipment?
Farm equipment, farm implements, and antique farming implements are already excluded from the definition of an 'abandoned vehicle' under § 97.02(A)(3), and a qualifying agricultural or forestry operation is separately exempt from the whole nuisance chapter under § 97.03(J)(3). Together these mean ordinary farm machinery used in agricultural operations is not subject to a county abatement notice.
Are these county exemptions the same as Indiana's right-to-farm law?
They point to it. Howard County's ordinance text cites I.C. 32-30-6-9 and I.C. 32-30-6-11, the same Indiana Code sections that make up the state's agricultural nuisance statute, and builds those categories directly into § 97.03(J)(3) rather than requiring a farmer to raise the state law separately when the county's own Compliance Official is involved.

Sources & Official References

Other rules in Howard County

All Howard County rules

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