Indiana Statewide Rule

Indiana Agricultural Zoning and Local Authority

Some RestrictionsApplies statewide across Indiana (2026)

Key Facts

Local zoning authority: Local zoning authority under IC 36-7-4
Agricultural districts common: Agricultural districts common in counties
Right to Farm: Right to Farm Act limits anti-farm zoning
Setback: Setbacks for CAFOs allowed if consistent with state law
Penalties: IDEM oversees confined feeding permits

Last verified: September 5, 2026Source: State of Indiana

Summary

Indiana allows counties to adopt agricultural zoning under IC 36-7-4 but limits restrictions on bona fide farming activities, especially in unincorporated areas.

(e) A county or municipality may not, through the county or municipality's zoning authority, do any of the following: (1) Terminate an agricultural nonconforming use if the agricultural nonconforming use has been maintained for at least any three (3) year period in a five (5) year period. (2) Restrict an agricultural nonconforming use. (3) Require any of the following for the agricultural nonconforming use of the land: (A) A variance for the land. (B) A special exception for the land. (C) A special use for the land. (D) A contingent use for the land. (E) A conditional use for the land.

Source: State of IndianaView official code

Full Breakdown

Indiana's local planning and zoning authority is granted under IC 36-7-4, the 600 Series, allowing counties and cities to adopt zoning ordinances. However, IC 36-7-4-616 historically limited zoning regulation of agricultural land uses on parcels above certain thresholds, and counties commonly designate agricultural districts permitting CAFOs and traditional farming. Local governments must coordinate with the Indiana Right to Farm Act to avoid impairing protected agricultural operations under IC 32-30-6-9. Some county ordinances impose setback, manure management, and odor controls on confined feeding operations beyond IDEM permits, when consistent with state law.

Violations & Penalties

Zoning that conflicts with the Right to Farm Act or improperly restricts protected agricultural use may be invalidated by courts upon legal challenge.

Frequently Asked Questions

Can Indiana counties zone out farms?

No. Counties may adopt agricultural zoning under IC 36-7-4, but ordinances cannot impair protected agricultural operations under the Right to Farm Act in IC 32-30-6-9.

Do counties regulate CAFOs in addition to the state?

Yes. Counties may adopt setback and operational rules consistent with state law, while IDEM issues confined feeding operation permits.

Sources

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