Indiana Statewide Rule
Indiana Agricultural Operations and Right to Farm Law
Key Facts
- Statute
- IC 32-30-6-9
- Protection threshold
- One year operation
- Agency
- Board of Animal Health
- CAFO regulator
- IDEM
- Local zoning
- Limited authority
Summary
Indiana's Right to Farm Act protects established agricultural operations from nuisance lawsuits and limits local restrictions on farms operating in agricultural zones. Counties retain zoning authority, but bona fide farms enjoy strong statutory protection statewide.
(d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if the following conditions exist: (1) There is no significant change in the type of operation. A significant change in the type of agricultural operation does not include the following: (A) The conversion from one type of agricultural operation to another type of agricultural operation. (B) A change in the ownership or size of the agricultural operation. (C) The: (i) enrollment; or (ii) reduction or cessation of participation; of the agricultural operation in a government program. (D) Adoption of new technology by the agricultural operation. (2) The operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.
Full Breakdown
Indiana Code 32-30-6-9 (the Right to Farm Act) bars nuisance suits against agricultural and industrial operations that have existed for more than one year, provided no significant changes have occurred. The statute applies whenever locality conditions change around an established farm. Indiana Code 15-11-2 governs the Board of Animal Health and statewide livestock disease regulations, which preempt local rules. Confined feeding operations are regulated by IDEM under IC 13-18-10. While municipalities can zone urban chickens within city limits, agricultural-zoned land receives statutory protection that cities cannot easily override.
Violations & Penalties
Nuisance lawsuits against protected farms are generally barred. Plaintiffs may face attorney fee awards. Local ordinances conflicting with state agricultural law are unenforceable against qualifying operations.
Frequently Asked Questions
Does the Right to Farm Act protect urban backyard chickens?
Can a county ban livestock entirely?
Sources
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