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Model zoning ordinances aim to reduce rural-urban conflict

By NANCY VORIS
Indiana Correspondent

INDIANAPOLIS, Ind. — As cities and towns spread into rural areas and some livestock operations are expanding, Indiana county planners have to work with outdated zoning ordinances while trying to minimize conflicting land uses.

The Indiana Land Resources Council (ILRC) recently finalized recommendations for model agricultural zoning ordinances and is distributing them to local leaders across the state. The recommendations are not required by law to be implemented.

The ILRC spent several months looking at counties in Indiana and other states where agricultural zoning successfully minimizes conflicting land uses and ensures that agriculture remains a strong component of the county’s economy. They analyzed university research on agricultural production practices and odor assessment tolls.

Their final step in creating the recommendations was to host public listening sessions across the state to get feedback from Hoosier farmers. More than 200 citizens attended and approximately 100 comments were received.

“The Council took many weeks and considered public input prior to finalizing the model agricultural zoning ordinances,” said Indiana Agriculture Director Andy Miller, who chairs the ILRC.

Following is a summary of the three model ordinances:
•Multiple Agricultural Districts

The multi-tiered agricultural zone structure divides land currently zoned agricultural to reflect different types of modern agriculture.

When proactive decisions are made on where certain types of agriculture will happen, residents moving into that agricultural zone know what types of agriculture to expect in that area. It also clearly indicates to producers where their type of agricultural business is welcome and supported by local planning policies.

•Site Scoring System

The site scoring system uses a series of objective criteria to determine a score to approve a local application for a new livestock facility.

The score requirement is used together with minimal setbacks. This approach recognizes that farms are different and can meet the minimum score in a variety of ways.

•Limited Use with Development Standards

In this model, objective development standards are set within the zoning ordinance for a permitted use rather than having a special exception process for each new agricultural operation. This provides an applicant with clear guidance on what is expected from the plan commission to receive local approval. These standards should be science based, for example using proven odor abatement measures as an option to reduce a maximum separation distance.

The complete set of documents can be found on ISDA’s website at www.in.gov/isda

Click on Indiana Land Resources Council Model Ordinances.
Brian Waterman is plan director for Johnson County, one of the state’s fastest growing counties as a bedroom community to Indianapolis.

“I’m a strong supporter of the idea of graduated zoning districts,” Waterman said. “It’s probably the No. 1 issue we have because of our strict A-1 zoning district. I think that’s the way to go.”

The county does not have a large number of confined animal feeding operations, and large livestock operations are not eyeing the county for locations. But it is a ripe area for agritourism, organic and other small farm ventures.

The Apple Works orchard and agritourism spot in Trafalgar is one example, Waterman said. It wants to expand, but zoning is a problem because the ordinance is for single use per site.

“There’s more pressure on smaller scale farms, organics and farm markets that want to expand and we need to develop zoning standards to let those develop,” Waterman said.

In more rural Decatur County, Area Plan Director David Neuman said the model ordinances looked very familiar, as similar ordinances have been used in his county since 1996.

In fact, Decatur County zoning was one of the models studied by the ILRC in developing the standards.

“It’s warded off having houses built in the middle of nowhere,” Neuman said.

Decatur County requires a minimum of 1½ acres to build a new home.

They also have an “ag certificate” stamped on every survey for home site in an agricultural zoned area that details the types of farming activity that may occur.

Neuman believes the ILRC was thorough in its research and recommendations.

“One thing I’m surprised to see is the state backing anything like this,” he said.

“They’ve truly spent a lot of time to put together something that’s going to make our agriculture community more friendly and to warn other counties what might happen.

“There are some counties that have really been holding farmers back from being able to do things.”

As a leader in state agriculture, Decatur County is also looking at creating an agriculture park, where hog manure in the area may be taken to one area to use in recycling or creating energy.

This farm news was published in the May 16, 2007 issue of Farm World, serving Indiana, Ohio, Illinois, Kentucky, Michigan and Tennessee.

5/16/2007