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.