Neighbors hope DNR interpretation will be upheld by legislature; operator hopes otherwise
July 28, 2016 at 4:25 p.m.
The debate over high-fenced hunting came to the forefront in Kosciusko County earlier this year when remonstrators questioned whether selling hunts could be considered an agricultural business.
Neighbors of a high-fenced hunting business in the Pierceton area owned by Ken McIntosh took the issue to the Kosciusko County Board of Zoning Appeals in January.
On Jan. 11, the BZA ruled that the operation fit within the guidelines for agricultural use of land and decided to hold off on making regulations about high-fenced hunting. The board said that by the time local rules were set, the Indiana Department of Natural Resources or the state legislature already would have regulations regarding high-fenced hunting.
While the Indiana Department of Natural Resources recently announced its plan to ban high-fenced hunting, the parties involved continue to hope their opinion will prevail, especially in the local area.
Neighbors of Ken McIntosh's high-fenced hunting area near Pierceton hope legislators at the state level will leave the ruling as it now stands.
"As a neighborhood, we've said all along that this is an improper land usage for that type of business. We argued that it was a business," said Steve Adang, an owner of land near McIntosh's hunting preserve. "(McIntosh) charmed the plan commission director and the zoning board convincing them it was not.
"We argued that a breeding license does not allow other activities and fortunately the state agreed with us."
Another neighbor of the preserve mirrors Adang's sentiments.
"I live 50 feet from this mess, so I don't like it," said Rich Humke. "Anybody else who has had their eyes opened to this sees it."
Humke added that people who are not affected by the issue can take an out-of-sight, out-of-mind attitude. People who are not directly affected tend to forget it.
"I do not think the majority of Indiana people want this in their backyard or want this type of hunting," said Adang.
"I think is should still be banned," said Humke. "I am fully in favor of hunting, but not this.
"After all, the DNR is in charge of wildlife in the state. It shouldn't be used as a private enterprise."
"Unfortunately (McIntosh) is probably working on legislation as we speak," said Adang. "He had a state representative at his facility the day after the meeting (with the DNR), so I expect that the fight will continue."
While some neighbors oppose the high-fenced hunting area, other people, including some legislators, feel that high-fenced hunting is an agricultural use of the land that should be allowed.
"I feel its an agribusiness," said State Rep. Bill Ruppel. "People who don't like the business don't have to take part in it
"It is probably safer out there than other places. (McIntosh) escorts people to the tree stand, and if they don't see anything, he will escort them to another spot. If they shoot a deer, they call him and he comes and gets it for them. He limits how many (deer) are taken out. No one is guaranteed a deer. There are people who go in there and don't get a deer."
McIntosh weighed in with his opinion on the issue as well.
"People who know about this and are educated about the issue are not opposed to it," said McIntosh. "I have a major investment in the state. I have followed all the laws. For Kyle Hupfer (Director of the Indiana Department of Natural Resources) to step in without asking the deer farmers has made our lives miserable."
Hupfer held a series of public forums on the high-fenced hunting issue to get information and get a feel for public opinion.
"The public forums were held to help me gather information and educate me about the issue and how people felt about it," said Hupfer. "We do not have exact numbers, but the majority of the e-mails were opposed. It ran between 75 and 80 percent opposed to high-fenced hunting. At the meetings, we had a number of people. It was about a 2 to 1 ration in favor of (high-fenced hunting). There were a couple hundred people altogether and about 60 to 70 were against it."
"Kyle Hupfer believes the state of Indiana should only indoctrinate fair hunts," said Mcintosh. "At five meetings, only 68 people total showed up in opposition."
Although the DNR decided that according to the way the law is written, high-fenced hunting is illegal, deer farmers will be allowed to continue business this fall. Once a final decision is meted out by the state legislative body, the DNR will enforce the law accordingly.
"If (legislators) change the law, we obviously will enforce the law as it is written," said Hupfer.
"We will be in business this fall," said McIntosh, "and we hope there is legislation on the issue by next year."
"Most people who object, object to hunting altogether," said Ruppel, "and they should not be the ones we are listening to." [[In-content Ad]]
The debate over high-fenced hunting came to the forefront in Kosciusko County earlier this year when remonstrators questioned whether selling hunts could be considered an agricultural business.
Neighbors of a high-fenced hunting business in the Pierceton area owned by Ken McIntosh took the issue to the Kosciusko County Board of Zoning Appeals in January.
On Jan. 11, the BZA ruled that the operation fit within the guidelines for agricultural use of land and decided to hold off on making regulations about high-fenced hunting. The board said that by the time local rules were set, the Indiana Department of Natural Resources or the state legislature already would have regulations regarding high-fenced hunting.
While the Indiana Department of Natural Resources recently announced its plan to ban high-fenced hunting, the parties involved continue to hope their opinion will prevail, especially in the local area.
Neighbors of Ken McIntosh's high-fenced hunting area near Pierceton hope legislators at the state level will leave the ruling as it now stands.
"As a neighborhood, we've said all along that this is an improper land usage for that type of business. We argued that it was a business," said Steve Adang, an owner of land near McIntosh's hunting preserve. "(McIntosh) charmed the plan commission director and the zoning board convincing them it was not.
"We argued that a breeding license does not allow other activities and fortunately the state agreed with us."
Another neighbor of the preserve mirrors Adang's sentiments.
"I live 50 feet from this mess, so I don't like it," said Rich Humke. "Anybody else who has had their eyes opened to this sees it."
Humke added that people who are not affected by the issue can take an out-of-sight, out-of-mind attitude. People who are not directly affected tend to forget it.
"I do not think the majority of Indiana people want this in their backyard or want this type of hunting," said Adang.
"I think is should still be banned," said Humke. "I am fully in favor of hunting, but not this.
"After all, the DNR is in charge of wildlife in the state. It shouldn't be used as a private enterprise."
"Unfortunately (McIntosh) is probably working on legislation as we speak," said Adang. "He had a state representative at his facility the day after the meeting (with the DNR), so I expect that the fight will continue."
While some neighbors oppose the high-fenced hunting area, other people, including some legislators, feel that high-fenced hunting is an agricultural use of the land that should be allowed.
"I feel its an agribusiness," said State Rep. Bill Ruppel. "People who don't like the business don't have to take part in it
"It is probably safer out there than other places. (McIntosh) escorts people to the tree stand, and if they don't see anything, he will escort them to another spot. If they shoot a deer, they call him and he comes and gets it for them. He limits how many (deer) are taken out. No one is guaranteed a deer. There are people who go in there and don't get a deer."
McIntosh weighed in with his opinion on the issue as well.
"People who know about this and are educated about the issue are not opposed to it," said McIntosh. "I have a major investment in the state. I have followed all the laws. For Kyle Hupfer (Director of the Indiana Department of Natural Resources) to step in without asking the deer farmers has made our lives miserable."
Hupfer held a series of public forums on the high-fenced hunting issue to get information and get a feel for public opinion.
"The public forums were held to help me gather information and educate me about the issue and how people felt about it," said Hupfer. "We do not have exact numbers, but the majority of the e-mails were opposed. It ran between 75 and 80 percent opposed to high-fenced hunting. At the meetings, we had a number of people. It was about a 2 to 1 ration in favor of (high-fenced hunting). There were a couple hundred people altogether and about 60 to 70 were against it."
"Kyle Hupfer believes the state of Indiana should only indoctrinate fair hunts," said Mcintosh. "At five meetings, only 68 people total showed up in opposition."
Although the DNR decided that according to the way the law is written, high-fenced hunting is illegal, deer farmers will be allowed to continue business this fall. Once a final decision is meted out by the state legislative body, the DNR will enforce the law accordingly.
"If (legislators) change the law, we obviously will enforce the law as it is written," said Hupfer.
"We will be in business this fall," said McIntosh, "and we hope there is legislation on the issue by next year."
"Most people who object, object to hunting altogether," said Ruppel, "and they should not be the ones we are listening to." [[In-content Ad]]