Planning and zoning opponents in Owen County have discovered a new tactic, and they're confident it will work.

Using a little-known state law, they're petitioning to have an anti-planning referendum question placed on the November ballot in all 13 townships in the county.

Townships can opt out of countywide planning and zoning authority if a majority of voters want them to do so, the law says.

"I said to the county commissioners, 'Give us a chance to vote on this,'" said Jim Baughn, the leader of the anti-planning drive. "Now we're doing what they would not do," he said.

Harrison Township Trustee Robert Janke turned in this first petition this week. It contained 14 signatures, easily enough to force a referendum in the northeastern Owen County township.

But while Baughn is sure a majority of county residents oppose planning and zoning, Owen County commissioners' president Byron Stockwell is just as confident they favor it.

"I think they'd go for it, from the comments I've had," Stockwell said, adding he doesn't object to having a referendum.

The commissioners appointed a five-member plan commission to work on the issue in April 2001. They voted 2-1 in February to approve a comprehensive land-use plan that seeks to guide development in the county.

The plan will serve as the basis for a subdivision ordinance that the commissioners could adopt this fall, Stockwell said. Then officials will start to work on a zoning ordinance that imposes restrictions on certain land uses.

Planning opponents, to get the question on the ballot, must collect signatures from 2 percent of the people who voted for Indiana secretary of state in the last election. The petitions must be delivered to the county election board by Aug. 1.

Baughn said his group, the Property Rights Alliance, has collected signatures in 10 townships. "We're going to turn in 13 petitions for all 13 townships, absolutely," he said.

The referendum provision isn't well known. Debbie Driscoll, president of the Indiana Township Association, said she wasn't aware of any township having used it.

The question on the ballot will read, "Shall the township withdraw from joinder with Owen County for planning zoning purposes?" But even if voters say yes, the law says the township may withdraw from planning authority — not that it shall withdraw. That suggests the decision would be made by each township board, said Kristi Robertson, a State Election Commission attorney.

The law says a township that withdraws must repay the county any money it has spent to provide planning and zoning services to the township.

"But see, we're cutting it off right here before they really spend any money," Baughn said.

He said neighbors should settle land-use disputes between themselves or in court, rather than relying on a plan commission of "unelected bureaucrats."

"As a Libertarian, I feel I have a right to do with my property as I see fit to the extent I do not infringe on the rights of my neighbors," he said.

Baughn believes there's overwhelming sentiment against planning and zoning in Owen County, pointing as evidence to the heavy turnout at the February meeting where commissioners adopted the land-use plan.

But Stockwell, the commissioners' president, said he hears more often from people who think the county is long overdue for planning and zoning.

Opponents are more likely to show their displeasure at public meetings, he said. But many Owen Countians want local government to act when junk yards, trash dumps, hog farms or other uses threaten their ability to enjoy the use of their own property.