Zoners Say Hunting Preserve Fits Ag Designation

July 28, 2016 at 4:25 p.m.

By JEN GIBSON, Times-Union Staff Writer-

The Kosciusko County Board of Zoning Appeals ruled today that a hunting preserve on County Road 150S near Pierceton fits within the guidelines for agricultural use of land.

The board said that by the time local regulations were decided and set in place, there would probably be regulations at the state level or through the Indiana Department of Natural Resources that would regulate hunting preserves.

After hearing from lawyers on both sides as well as members of the community, the board agreed unanimously that the land fits within the required uses for those zoned for agricultural use.

Remonstrators represented by attorney Stephen Snyder, of Syracuse, wanted the area zoned commercial because they believe the hunting preserve is an example of commercial recreation.

"People come from all over the country to 'play,'" said Snyder. "It is not farming, it is recreation. It is entertainment. This is not activity intended in an agricultural district."

"I represent seven or eight families who live near this high fence hunting area," Steve Adang said to the board. "We believe this is a business enterprise. ... We ask the board to reverse the staff opinion. ... This exception is beyond personal use."

At the hearing, McIntosh was represented by Douglas Lemon of Warsaw.

"(Hunters at the preserve) pay a fee to lease the land to hunt on," said Lemon. "They do not pay for a deer."

He also said that just because McIntosh derives a livelihood from the hunting preserve does not make it commercial. In that case, he said, all forms of "classic farming" would be commercial endeavors as well.

Remonstrators said they plan to meet with Snyder within the next two weeks to decide what avenue to take next. The next step in the case would be to file and appeal within the court system. [[In-content Ad]]

The Kosciusko County Board of Zoning Appeals ruled today that a hunting preserve on County Road 150S near Pierceton fits within the guidelines for agricultural use of land.

The board said that by the time local regulations were decided and set in place, there would probably be regulations at the state level or through the Indiana Department of Natural Resources that would regulate hunting preserves.

After hearing from lawyers on both sides as well as members of the community, the board agreed unanimously that the land fits within the required uses for those zoned for agricultural use.

Remonstrators represented by attorney Stephen Snyder, of Syracuse, wanted the area zoned commercial because they believe the hunting preserve is an example of commercial recreation.

"People come from all over the country to 'play,'" said Snyder. "It is not farming, it is recreation. It is entertainment. This is not activity intended in an agricultural district."

"I represent seven or eight families who live near this high fence hunting area," Steve Adang said to the board. "We believe this is a business enterprise. ... We ask the board to reverse the staff opinion. ... This exception is beyond personal use."

At the hearing, McIntosh was represented by Douglas Lemon of Warsaw.

"(Hunters at the preserve) pay a fee to lease the land to hunt on," said Lemon. "They do not pay for a deer."

He also said that just because McIntosh derives a livelihood from the hunting preserve does not make it commercial. In that case, he said, all forms of "classic farming" would be commercial endeavors as well.

Remonstrators said they plan to meet with Snyder within the next two weeks to decide what avenue to take next. The next step in the case would be to file and appeal within the court system. [[In-content Ad]]

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