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.