Re-Examining Indiana Water Law in Light of Today's Competing Demands
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Competition for groundwater is leading states and counties to change the way they regulate subsurface water.
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
Who Decides if a County Solar or Wind Ordinance is Valid?
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Two recent Indiana Supreme Court cases shed light on how the utility regulatory commission could, in the future, decide that county solar zoning ordinances are unreasonable and therefore void.
Read MoreTacos are Sandwiches under Indiana Zoning Law
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In a recent zoning dispute, an Indiana judge ruled that tacos are legally sandwiches.
Read More2024: Water Problems in the Heartland
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In the Midwest, we’ve historically had more than enough water for everyone. This usually meant a hands off approach to water regulation. But 2024 may be the year that changes the status quo.
Read MoreThe Big Stories from 2022
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Brianna counts down the top stories of 2022 and looks ahead to 2023.
Read MorePreparing for a Zoning Hearing
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Here in Indiana, the fight against livestock and solar farms seemed to have moved to the county level. Landowners can do a few things to improve their chances of obtaining the necessary county zoning approval for a new project.
Read MoreZoning Hot Topics: Agriculture Edition
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I recently presented at the Indiana Farm Bureau’s first-ever zoning school and discussed three “hot zoning topics.” Three issues came to mind: solar ordinances, moratoria, and spite structures.
Read MoreIs a Zoning Moratorium Legal?
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Agriculture, it seems, has a zoning problem. On top of the various state or federal permits a farm or agribusiness may be required to obtain before starting construction, local zoning ordinances can create yet another layer of red tape.
Read MoreZoning for Solar Farms
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Solar farms are the latest and hottest kid on the block when it comes to renewable energy in the midwest. This post addresses local government considerations as counties and cities welcome solar power.
Read MoreZoning Concerns for Urban Farms
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Farmers—urban, indoor, or otherwise—should keep local zoning in mind when considering whether to start or expand a farm. Zoning presents a handful of potential issues.
Read MoreLocal v. State Control - Indiana Planning and Zoning
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Planning and zoning seems, at least at first, like a purely local issue. This idea is called Home Rule. But in most states, including here in Indiana, state (and federal) statutes limit a local government’s power.
Read MoreZoning: Neighbors Do Not Have Automatic Standing
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The Indiana Court of Appeals just issued an opinion holding that a neighbor did not have “standing” to appeal variances because he did not show he was “aggrieved.” This case could be important for farmers whose neighbors want to appeal a zoning approval.
Read MoreZoning: The "You Can't Do That" Edition
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Recently we've seen a few counties consider blocking livestock development. But barring the construction of of livestock farms in rural areas often is legally suspect.
Read MoreDoes Running a Dairy Farm Violate Your Neighbor's Religious Rights?
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On January 16, 2018, the Indiana Court of Appeals upheld a county decision to allow a dairy to build a new farm in rural Rush County. The Court rejected arguments made by a nearby camp that the dairy's special exception would violate its religious rights.
Read More10-Minute Webcast: Zoning Tips for Livestock Operations
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We are launching a new series of short webcasts, designed to be watched during a break in your busy day. This is the second webcast and it addresses zoning tips for livestock operations.
Read MoreIndiana Legislative Committee Hears Testimony on Livestock Rules
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The Indiana Legislature's Interim Study Committee on Agriculture and Natural Resources is considering whether any changes should be made to Indiana confined feeding laws.
Read MoreLegal Nonconforming Use, or Being "Grandfathered In"
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Livestock facilities in rural areas may be considered "legal nonconforming uses" and therefore be exempt from new zoning ordinances. Indiana law, in particular, gives special protection to agricultural land uses.
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Online revenue management platforms for landlords are being challenged as price fixing tools. What will the implications be for tenant farmers?