§ 8-4.5-6-4 — Ordinances for authorization and regulation

Indiana § 8-4.5-6-4

• Jurisdiction: Indiana
• Art. 4.5: TRANSPORTATION CORRIDOR PLANNING
• Ch. 6: Local Participation in Establishment of Recreational

Text

(a) After the responsible party completes the
filings required by section 3 of this chapter:
(1) if the entire recreational trail is intended to be located within
a municipality, the legislative body of the municipality may adopt
an ordinance authorizing the recreational trail within the
municipality; or
(2) if subdivision (1) does not apply, the legislative body of each
county in which the recreational trail is intended to be located
may adopt an ordinance authorizing the recreational trail within
the county.
(b) A recreational trail is not authorized until both of the following
occur:
(1) One (1) of the following applies:
(A) If the entire recreational trail is intended to be located in a
municipality, the legislative body of the municipality adopts an
ordinance under subsection (a)(1).
(B) If clause (A) does not apply, the legislative body of each
county in which the recreational trail will be located adopts an
ordinance under subsection (a)(2).
(2) The department of natural resources approves establishment
of the recreational trail.
(c) The legislative body of a municipality or a county may adopt
ordinances to regulate the use or operation of the recreational trail.
(d) The department of natural resources may do the following:
(1) Amend the approval given under subsection (b) to regulate the
use or operation of the recreational trail.
(2) Authorize a county or a municipality to repeal an ordinance
adopted under subsection (b) to revoke authorization of the
recreational trail if the responsible party substantially breaches
the trail operation agreement.

Legislative History

As added by P.L.40-1995, SEC.3.