SENATE BILL No. 518
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-8-2-289; IC 14-12-1-3; IC 14-23-1-1;
IC 32-30-6; IC 36-7.
Synopsis: Forestry issues. Requires the department of natural
resources to provide forestry information to units of local government.
Specifies that certain activities of a forestry operation are not a public
or private nuisance. Entitles a forestry operation that successfully
defends a nuisance action to reasonable costs and attorney's fees
incurred to defend the action. Requires that before adopting an
ordinance that restricts a forestry operation, the unit of local
government must allow the department an opportunity to review and
comment on the proposed ordinance. Encourages units to recognize the
needs of forestry in future growth. Repeals and relocates the definition
of "unit of local government".
Effective: July 1, 2005.
January 18, 2005, read first time and referred to Committee on Agriculture and Small
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 518
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-8-2-289; (05)IN0518.1.1. -->
SECTION 1. IC 14-8-2-289 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 289. "Unit of local
(1) for purposes of IC 14-12-1, has the meaning set forth in
IC 14-12-1-3; and
(2) for purposes of IC 14-22-10, and IC 14-23-1 means a:
(A) (1) county;
(B) (2) city;
(C) (3) town; or
(D) (4) township;
located in Indiana.
SOURCE: IC 14-23-1-1; (05)IN0518.1.2. -->
SECTION 2. IC 14-23-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The department shall
do the following:
(1) Have the care, custody, and control of the forest land owned
by the state, exclusive of state parks.
(2) Adopt necessary rules to properly enforce this chapter.
(3) Establish, operate, and maintain nurseries for the production
of trees to be used in reforestation. The trees may be:
(A) used to reforest land owned by the state;
(B) supplied to owners of private land at a price not exceeding
cost of production; or
(C) used for planting on public roads or land under the terms
that are considered by the department to be for the public
(4) Prepare, print, post, or distribute printed matter relating to
(5) Make investigations or experiments with regard to forestry
(6) Subject to the approval of the governor, purchase land and
forests. For the purpose of acquiring land and forests, the
commission may exercise the right of eminent domain in the
manner provided in IC 14-17-3.
(7) Receive and accept, in the name of the people of Indiana, by
gift or devise, the fee or other estate in land or forests.
(8) Examine the forest land owned by the state or by a state
institution for the purpose of advising and cooperating in securing
proper forest management of the land.
(9) Employ, with approval of the authorities having control of the
state penal institutions, convicts committed to a penal institution
for the purpose of producing or planting trees, building roads, or
doing other work in the forests and in clearing, draining, or
developing land purchased or acquired by the state for forestry
(10) Propagate trees and shrubs for state institutions or for
planting along highways. A common carrier may transport trees
or shrubs grown by the state at a rate less than the established
tariff to and from points within Indiana.
(11) Have the custody of all abstracts of title, papers, contracts, or
related memoranda, except original deeds to the state, for land
purchased or received under this section.
(12) Examine private forest land:
(A) upon request of; and
(B) at the expense of;
the owner for the purpose of advising the owner on the proper
methods of forest management.
(13) Provide information and advice to a unit of local
government concerning forestry issues.
SOURCE: IC 32-30-6-1; (05)IN0518.1.3. -->
SECTION 3. IC 32-30-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter, "agricultural operation" includes any facility used for the
production of crops, livestock, poultry, livestock products, poultry
products, or horticultural products.
or for growing timber. The term
does not include a forestry operation.
SOURCE: IC 32-30-6-1.5; (05)IN0518.1.4. -->
SECTION 4. IC 32-30-6-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 1.5. As used in this chapter, "forestry operation"
includes facilities, activities, and equipment used to plant, raise,
manage, harvest, and remove trees. The term includes site
preparation, fertilization, pest control, and wildlife management.
SOURCE: IC 32-30-6-3; (05)IN0518.1.5. -->
SECTION 5. IC 32-30-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. As used in this
chapter, "locality" means the following:
(1) For purposes of section 9 of this chapter,
means the specific
area of land upon which an:
(A) agricultural operation; or
(B) industrial operation;
(2) For purposes of section 10 of this chapter,
(A) The specific area of land upon which a public use airport
operation is conducted.
(B) The airport imaginary surfaces as described in
(3) For purposes of section 11 of this chapter, the specific area
of land upon which a forestry operation is conducted.
SOURCE: IC 32-30-6-7; (05)IN0518.1.6. -->
SECTION 6. IC 32-30-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) An action to
abate or enjoin a nuisance may be brought by any person whose:
(1) property is injuriously affected; or
(2) personal enjoyment is lessened;
by the nuisance.
(b) A civil action to abate or enjoin a nuisance may also be brought
(1) an attorney representing the county in which a nuisance exists;
(2) the attorney of any city or town in which a nuisance exists.
(c) A county, city, or town that brings a successful action under this
section (or IC 34-1-52-2 or IC 34-19-1-2 before their repeal) to abate
or enjoin a nuisance caused by the unlawful dumping of solid waste is
entitled to recover reasonable attorney's fees incurred in bringing the
(d) A forestry operation that successfully defends an action
under this section is entitled to reasonable costs and attorney's fees
incurred in defending the action.
SOURCE: IC 32-30-6-11; (05)IN0518.1.7. -->
SECTION 7. IC 32-30-6-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 11. (a) This section does not apply if a nuisance
results from the negligent operation of a forestry operation.
(b) For purposes of subsection (d), a forestry operation is
considered to be in continuous operation if:
(1) the locality supports an actual or a developing timber
(2) not more than three (3) years have elapsed at the forestry
operation since the most recent timber crop was harvested.
(c) A forestry operation that:
(1) existed before a change in the land use or occupancy of
land within one (1) mile of the boundaries of the locality; and
(2) would not have been a nuisance before the change in land
use or occupancy;
is not a private or public nuisance.
(d) A forestry operation that conforms to generally accepted
forestry management practices and that has been in continuous
operation is not a private or public nuisance as a result of any of
(1) A change in the ownership or size of the forestry
(2) Enrollment in a government forestry conservation
(3) Use of new forestry technology.
(4) A visual change due to removal of timber or vegetation.
(5) Normal noise from forestry equipment.
(6) Removal of timber or vegetation from a forest adjoining
(7) The proper application of pesticides and fertilizers.
SOURCE: IC 36-7-2-10; (05)IN0518.1.8. -->
SECTION 8. IC 36-7-2-10 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 10. A unit must do the following before adopting an
ordinance that would restrict a forestry operation (as defined in
(1) Send the proposed ordinance to the department of natural
(2) Allow the department of natural resources forty-five (45)
days to review the proposed ordinance.
(3) After the review under subdivision (2), allow the
department of natural resources an opportunity to provide
public comment before the proposed ordinance is voted upon.
SOURCE: IC 36-7-4-201; (05)IN0518.1.9. -->
SECTION 9. IC 36-7-4-201 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 201. (a) For purposes
of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers
in Indiana must do so in the manner provided by this chapter.
(b) The purpose of this chapter is to encourage units to improve the
health, safety, convenience, and welfare of their citizens and to plan for
the future development of their communities to the end:
(1) that highway systems be carefully planned;
(2) that new communities grow only with adequate public way,
utility, health, educational, and recreational facilities;
(3) that the needs of agriculture, forestry, industry, and business
be recognized in future growth;
(4) that residential areas provide healthful surroundings for family
(5) that the growth of the community is commensurate with and
promotive of the efficient and economical use of public funds.
(c) Furthermore, municipalities and counties may cooperatively
establish single and unified planning and zoning entities to carry out
the purpose of this chapter on a countywide basis.
(d) METRO. Expanding urbanization in each county having a
consolidated city has created problems that have made the unification
of planning and zoning functions a necessity to insure the health,
safety, morals, economic development, and general welfare of the
county. To accomplish this unification, a single planning and zoning
authority is established for the county.
SOURCE: IC 14-12-1-3; (05)IN0518.1.10. -->
SECTION 10. IC 14-12-1-3 IS REPEALED [EFFECTIVE JULY 1,