Section 32-30-6-11 - Continuous forestry operation; circumstances under which forestry operation not a nuisance(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.