Who Decides if a County Solar or Wind Ordinance is Valid?

Who Decides if a County Solar or Wind Ordinance is Valid?

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.

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Tacos are Sandwiches under Indiana Zoning Law

Tacos are Sandwiches under Indiana Zoning Law

In a recent zoning dispute, an Indiana judge ruled that tacos are legally sandwiches.

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Comment

2024: Water Problems in the Heartland

2024: Water Problems in the Heartland

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.

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The Big Stories from 2022

The Big Stories from 2022

Brianna counts down the top stories of 2022 and looks ahead to 2023.

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Preparing for a Zoning Hearing

Preparing for a Zoning Hearing

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.

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Zoning Hot Topics: Agriculture Edition

Zoning Hot Topics: Agriculture Edition

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.

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Is a Zoning Moratorium Legal?

Is a Zoning Moratorium Legal?

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.

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Zoning for Solar Farms

Zoning for Solar Farms

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.

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Zoning Concerns for Urban Farms

Zoning Concerns for Urban Farms

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.

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Local v. State Control - Indiana Planning and Zoning

Local v. State Control - Indiana Planning and Zoning

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.

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Zoning: Neighbors Do Not Have Automatic Standing

Zoning: Neighbors Do Not Have Automatic Standing

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.

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Zoning: The "You Can't Do That" Edition

Zoning: The "You Can't Do That" Edition

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.

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Does Running a Dairy Farm Violate Your Neighbor's Religious Rights?

Does Running a Dairy Farm Violate Your Neighbor's Religious Rights?

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.

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10-Minute Webcast: Zoning Tips for Livestock Operations

10-Minute Webcast: Zoning Tips for Livestock Operations

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.

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Indiana Legislative Committee Hears Testimony on Livestock Rules

Indiana Legislative Committee Hears Testimony on Livestock Rules

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.

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Legal Nonconforming Use, or Being "Grandfathered In"

Legal Nonconforming Use, or Being "Grandfathered In"

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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