First Regular Session 114th General Assembly (2005)
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SENATE ENROLLED ACT No. 518
AN ACT to amend the Indiana Code concerning property.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-8-2-289; (05)SE0518.1.1. -->
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, means a:
(A) (1) county;
(B) (2) city;
(C) (3) town; or
(D) (4) township;
located in Indiana.
SOURCE: IC 32-30-6-1.5; (05)SE0518.1.2. -->
SECTION 2. 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 on private land. The term
includes site preparation, fertilization, pest control, and wildlife
SOURCE: IC 32-30-6-3; (05)SE0518.1.3. -->
SECTION 3. 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,
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)SE0518.1.4. -->
SECTION 4. 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)SE0518.1.5. -->
SECTION 5. 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 the locality supports an
actual or a developing timber crop.
(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)SE0518.1.6. -->
SECTION 6. 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) An ordinance adopted after March 31, 2005,
by a unit of local government that:
(1) makes a forestry operation (as defined in IC 32-30-6-1.5)
a nuisance; or
(2) provides for an abatement of a forestry operation as a:
(B) trespass; or
(C) zoning violation;
under this chapter is void.
(b) If the owner of a property owned the property before the
enactment of an ordinance that restricts forestry operations but
that is not invalidated by subsection (a), the property is exempt
from the ordinance if the forestry operations (as defined by
IC 32-30-6-1.5) on the property:
(1) comply with generally accepted best management
(2) comply with the practices established in the Indiana
Logging and Forestry Best Management Practices BMP Field
Guide, as published in September 1999, by the division of
forestry of the department of natural resources; and
(3) have been in continuous operation on the property.
SOURCE: IC 36-7-4-201; (05)SE0518.1.7. -->
SECTION 7. 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)SE0518.1.8. -->
SECTION 8. IC 14-12-1-3 IS REPEALED [EFFECTIVE JULY 1,
SEA 518 _ Concur
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