By: Sarah

Having adequate laws in place are critical to safeguarding farmers rights to produce and sell their commodities, protect the environment and ensure all Hoosiers have equal access to safe affordable food and fiber products. Hoosier Environmental Council has been actively following both State and Federal Agricultural related legislation that has the potential to impact the environment.

 IGA | Senate Bill 193 – Inspection of CFOs

We have about 1500 Confined Feeding Operations(CFOs) in Indiana. Every CFO must obtain a permit from IDEM to operate in IN and renew that permit every 5yrs that the CFO is in operation. SB 193 would Require IDEM to conduct an onsite inspection of a CFO once within 45 days of an initial approval of a CFO permit and once within 45 days of a renewal of a CFO permit, which a renewal is required ever 5 years.

Currently there is no state statute that requires IDEM to do CFO inspection. These CFOs store and apply millions of gallons of manure. Manure is a very valuable, nutrient rich fertilizer that farmers utilize to increase crop production by applying that manure to their field. However, if manure is not stored and applied properly these nutrients and bacteria can runoff to waterways causing Hazardous Algae Blooms, as well as impair waterways that are used for drinking water and recreation.

In addition, Farm and ranch livestock work is one of the most dangerous occupation in America. In order to prevent further environmental degradation of our waterways, to protect communities downstream, as well as those working on these CFO, the HEC does feel inspections of CFOs should be required and we will continue to support this legislation while working to strengthen the bill language as it moves through the House Environmental Affairs committee.

IGA | Senate Bill 14 – Vegetable gardens and livestock

This bill limits the power of local governments in Indiana to regulate vegetable gardens and livestock on private property while still allowing some level of local control under specific conditions. Here’s a breakdown of what it allows and does not allow:

VEGETABLE GARDENS

What it allows:

  • Local governments may not prohibit or enforce regulations that effectively prohibit a person from having a vegetable garden on their own property or on another person’s property with permission.
  • A vegetable garden includes produce, herbs, fungi, or grains grown for personal use.

What it does not allow:

  • Local governments can impose general zoning standards that apply to all properties in a district, such as:
  • Height restrictions
  • Setback requirements
  • Water use regulations
  • Fertilizer use regulations
  • Control of invasive or unlawful species
  • However, these local regulations cannot specifically target or be designed to restrict vegetable gardens in a way that conflicts with the law.

KEEPING OF LIVESTOCK

What it allows:

  • Local governments can regulate livestock in residential zones and near major subdivisions (subdivisions requiring infrastructure improvements).
  • These regulations can include:
  • The types of livestock allowed
  • The number of livestock allowed
  • Required accessory buildings for livestock housing
  • Minimum square footage requirements for keeping livestock

What it does not allow:

  • The bill does not outright prohibit livestock in residential areas but allows local governments to impose restrictions.
  • It does not apply to beekeeping, which is regulated separately.

HOMEOWNERS ASSOCIATIONS (HOAS) AND CONTRACTS

The bill does not override existing contracts or homeowners association (HOA) rules. If an HOA bans vegetable gardens or livestock, those rules still apply. 

AGRICULTURAL PROPERTY

What it allows:

  • Local governments may not prohibit agricultural use on land zoned for agriculture.
  • However, they can rezone agricultural property to a different use, though existing agricultural use may continue as a nonconforming use under certain laws.

Local governments retain some authority but only under specific circumstances:

  • They cannot ban vegetable gardens outright.
  • They can impose general zoning regulations that apply to all properties, as long as they don’t specifically target vegetable gardens.
  • They can regulate livestock in residential areas and near major subdivisions.
  • They cannot prevent agricultural use on agricultural land but can rezone property to change its permitted uses.

HEC will continue to support SB 14 as it moves through the House Committee on Local Government.

IGA | House Bill 1234 – Conservation of agricultural land

Last year HEC worked with a coalition of partners (partnership for Indiana food & Farms, American Farmland trust, Conservation Law Center, IU, Sentinel landscape) to gather info and develop educational publications that Rep Kendal Culp used to author & support HB1234.

HB 1234 establishes the Agricultural Land Protection Program, granting the state and county entities authority to purchase or receive as a gift agricultural land easements.   Agricultural land easements protects farmland by restricting non-agricultural uses of it and lays the vital groundwork to give farmers and landowners the option to protect their land for future generations.

Why is this important for Indiana to have an Agricultural Land Protection Program?  ISDA released study results last year and found that Indiana has lost about 350,000 acres of farmland in the last 10 years, mostly to residential and industrial development.  

Conserving farmland upholds farming communities’ identity, protects fertile soil, and preserves lands that protects wildlife. 

In addition, the federal government has committed $2.25 billion in the Farmbill and $1.4 Billion from IRA to support ag conservation easements.  However, Indiana is missing out on this federal agricultural land conservation funding because our state lacks a program to receive Ag land conservation easements. We estimate that IN landowners are missing out on about $20million of this federal money annually. HB1234 would setup that frame work for the state and counties to receive and hold those Ag Land conservation easements, as well as become eligible to receive these federal funds..

HB1234 did not pass out of the House, however there is a possibility that this bill can be introduced as amendment into a Senate Bill that is still alive, potentially SB 1001. HEC will continue to work with the coalition of partners and Rep Culp to advocate for the introduction and passage of this important legislation in this years’ or if needed next years’ legislative session and join 29 other states that passed similar legislation, recognizing it’s a critical step for safeguarding Indiana’s agricultural future.

Read more about the Bills HEC is tracking this Session on our Bill Watch 2025 page.


Categories: Indiana General Assembly, Sustainable Agriculture