Here, we visit the elusive “Log Cabin Rule” which applies without limitation to all private homes – not just log cabins, and how it relates to local building/zoning ordinances.
In 2003 our family legally built our personal home with our own hands without ever obtaining the alleged prerequisite building permit. Although our home site conformed to all septic system standards, zoning use, and minimum setback requirements at the time, our local health dept., building enforcement, and plan commission begged to differ.
So in 2004, we shared our newly acquired knowledge by serving a timely Cease & Desist Notice, which fluently describes the “Log Cabin Rule to our well meaning but misinformed County officials.
Dissemination of this particular Indiana Code to our Amish friends and other county citizens upset our questionable County Health Administrator, Mr. Ralph Armand so greatly that he pressured the county into filing a frivolous and unwarranted civil lawsuit against our family. This case was subsequently dismissed with prejudice and ruled frivolous by the Indiana Court of Appeals.
Indiana Code Chapter 8, referred to as, IC 36-7-8 Titled “County Building Department and Building Standards” states in IC 36-7-8-1 “This chapter applies to all counties.” Indiana Code IC 36-7-8-3(d) states “An ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy” (emphasis added.)
The Indiana Court of Appeals addressed this issue twice, once in Robinson v. Monroe County, 658 N.E.2d 647, 652 (Ind. Ct. App. 1995) and again in Robinson v. Monroe, 60A04-9506-CV-225 (Ind. Ct. App. 1996). The Indiana Appeals Court (Majority Opinion) denied both, Monroe County and Indiana Fire Prevention and Building Safety Commission (Amicus Curiae)…
“… In its early stages, this country’s frontier was moved westward by pioneers who moved onto land and built houses made from the materials at hand. Since then, home owning has become an essential facet of the “American dream”. It may be argued that ordinances such as those contemplated by Indiana Code IC 36-7-8-3, which establishes construction specifications and require permits and inspections for residential construction projects, interfere with the ability of some individuals to build their own home and thus to pursue the American dream.
Building codes and ordinances may conceivably discourage or impede such individuals from building their own houses. A private individual building his own house may not possess the skills necessary to construct a building which complies with the technical specifications set out in the ordinances.
In addition, an individual may not be able to afford to hire professionals or others to build a house. Therefore, exempting a person who wishes to build his own house from the requirements imposed pursuant to IC 36-7-8-3 of complying with construction specifications and obtaining permits allows that person to build a house even though he may not possess the skills or equipment to comply with technical specifications, and allows him to do so even if he is not able to afford to pay others to do the work.”
By sharing our story, we sincerely hope to enable all other alleged violators and victims with the very knowledge required to defend themselves against overzealous and unscrupulous governmental entities.
This post references existing case law and is intended for informational purposes only and shall not constitute legal advice.
