Howard County, IN Right to Farm: Farm Nuisance Protection (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.
(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?
What if a neighbor complains about junk or debris tied to my farm equipment?
Are these county exemptions the same as Indiana's right-to-farm law?
Sources & Official References
Other rules in Howard County
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