IC 8-4.5-6-4: Ordinances for authorization and regulation

Sec. 4. (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.