Indiana Right to Farm Act Nuisance Protections

Indiana Code 32-30-6-9, the Right to Farm Act, provides that an agricultural or industrial operation that has existed for more than one year before a nuisance suit cannot be deemed a nuisance based on changed conditions in the locality, provided the operation is not negligent and complies with applicable laws. The Indiana Supreme Court has applied the statute broadly, including in Himsel v. Himsel and Lindsey v. DeGroot, to protect modern concentrated animal feeding operations. Plaintiffs must show negligence, illegal conduct, or a significant change in operation type to overcome the protection. The Act limits both nuisance and trespass claims for changed surrounding conditions.

Plaintiffs filing nuisance suits against protected operations may have claims dismissed; the statute does not block claims based on negligence or non-compliance with environmental law.