Continuous forestry operation; circumstances under which
forestry operation not a nuisance
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 the
following:
(1) A change in the ownership or size of the forestry operation.
(2) Enrollment in a government forestry conservation program.
(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 the
locality.
(7) The proper application of pesticides and fertilizers.
As added by P.L.82-2005, SEC.5.
Last modified: May 24, 2006