IC 8-4.5-6
    Chapter 6. Local Participation in Establishment of RecreationalTrails

IC 8-4.5-6-1
Authorization
    Sec. 1. (a) Subject to this chapter, a corridor may be used for arecreational trail.
    (b) A recreational trail may not be authorized under this chapterto be used by motorized vehicles except for the following:
        (1) Vehicles used to maintain or provide security for the trail.
        (2) Vehicles used by persons with disabilities.
    (c) A recreational trail may be authorized under this chapter onany part of a corridor that has rail traffic with the consent of the railtraffic operator and owner after consideration of appropriate and safedesign and operation.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.15.

IC 8-4.5-6-2
Places to file
    Sec. 2. Before a corridor in any part of a county may be convertedfor use as a recreational trail, a responsible party must file theinformation required by section 3 of this chapter with the following:
        (1) The department of natural resources.
        (2) If any part of the recreational trail is intended to be locatedin a municipality, with the executive of the municipality.
        (3) If any part of the recreational trail is intended to be locatedon property not within a municipality, with the county executiveof any county in which the recreational trail is intended to belocated.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.16.

IC 8-4.5-6-3
Information to be filed
    Sec. 3. A responsible party must file the following informationunder section 2 of this chapter:
        (1) A description and map of the proposed recreational trail.The information filed under this subdivision must identify thefollowing:
            (A) The properties for which the responsible party hassecured the legal right to use as a recreational trail.
            (B) The properties for which the responsible party has not,at the time of the filing, secured the legal right to use as arecreational trail.
        (2) The name and address of the responsible party. If theresponsible party is not an individual, the following informationabout the responsible party must also be included:
            (A) If the responsible party is a governmental entity, the

following:
                (i) The name and address of the individual or bodyresponsible for the administration of the governmentalentity.
                (ii) The name, address, and head of any agency of thegovernmental entity that will be responsible for theoperation of the recreational trail.
            (B) If the responsible party is a corporation of any kind, theofficers of the corporation and the address at which legaldocuments for the corporation may be served.
            (C) If the responsible party is a partnership of any kind, thenames and addresses of all of the partners.
            (D) If the responsible party is any other kind of entity, thename and address of each individual who satisfies thefollowing:
                (i) The individual belongs to or is affiliated with the entity.
                (ii) The individual has some responsibility for theorganization or governance of the entity.
        (3) A project concept statement for the recreational trail,including a location map, cross-section, and sketch of theproject, detailed enough to generate project cost estimates. Theproposed project is not required to be designed before filing,but the concept must be reasonable from a transportationengineering standpoint and detailed enough to generate projectcost estimates.
        (4) An environmental impact statement, if required by law.
        (5) An itemized cost estimate for the total project showing foreach item the cost and funding source.
        (6) Expenses, including personnel costs, costs of goods andservices, contractual services, equipment, utilities, travel, andtaxes. The information provided under this subdivision mustspecifically show expenses for:
            (A) trail security;
            (B) fencing;
            (C) maintenance; and
            (D) drainage.
        (7) A trail operation agreement under which the responsibleparty agrees to operate the recreational trail. The trail operationagreement must provide that the responsible party shall granteasements to persons who own adjacent property on both sidesof the recreational trail permitting those persons to cross thetrail in a reasonable fashion given the use of the adjacentproperty. The following may require inclusion of otherprovisions in the trail operation agreement consideredadvisable:
            (A) The department of natural resources.
            (B) The executive of a county if an ordinance of thelegislative body of the county is required to authorize therecreational trail under this chapter.
            (C) The executive of a municipality if an ordinance of the

legislative body of the municipality is required to authorizethe recreational trail under this chapter.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.17.

IC 8-4.5-6-4
Ordinances for authorization and regulation
    Sec. 4. (a) After the responsible party completes the filingsrequired by section 3 of this chapter:
        (1) if the entire recreational trail is intended to be located withina municipality, the legislative body of the municipality mayadopt an ordinance authorizing the recreational trail within themunicipality; or
        (2) if subdivision (1) does not apply, the legislative body ofeach county in which the recreational trail is intended to belocated may adopt an ordinance authorizing the recreationaltrail within the county.
    (b) A recreational trail is not authorized until both of thefollowing occur:
        (1) One (1) of the following applies:
            (A) If the entire recreational trail is intended to be located ina municipality, the legislative body of the municipalityadopts an ordinance under subsection (a)(1).
            (B) If clause (A) does not apply, the legislative body of eachcounty in which the recreational trail will be located adoptsan ordinance under subsection (a)(2).
        (2) The department of natural resources approves establishmentof the recreational trail.
    (c) The legislative body of a municipality or a county may adoptordinances 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 regulatethe use or operation of the recreational trail.
        (2) Authorize a county or a municipality to repeal an ordinanceadopted under subsection (b) to revoke authorization of therecreational trail if the responsible party substantially breachesthe trail operation agreement.
As added by P.L.40-1995, SEC.3.

IC 8-4.5-6-5
Liability for injury
    Sec. 5. (a) A property owner has no duty of care to any personwho is using a recreational trail.
    (b) This section does not relieve a property owner from liabilityfor injury that is a direct result of the property owner's:
        (1) own use of a recreational trail; or
        (2) gross negligence or willful or wanton misconduct.
As added by P.L.40-1995, SEC.3.

IC 8-4.5-6-6 Erection of fence
    Sec. 6. At the request of a property owner, the responsible party(including a governmental entity), at the responsible party's expense,shall do the following:
        (1) If the responsible party is not a governmental entity, either:
            (A) post a bond in an amount sufficient to satisfy theresponsible party's obligation to erect the fences requestedunder this section; or
            (B) establish an escrow account with a financial institutionor a person selected by mutual agreement with a propertyowner that contains sufficient money to erect the fencesrequested under this section.
        The terms of the escrow agreement described in clause (B) mustrequire that the money in the account be dedicated to theprovision of the fences requested under this section with thesurplus to be returned to the responsible party. The responsibleparty may post a single bond or establish a single escrowaccount to provide fences for more than one (1) property owner.
        (2) Erect and maintain fencing between the recreational trailand the property owner's property. The fencing must be inaccordance with current fencing standards of the Indianadepartment of transportation for urban or rural settings, asappropriate to the location of the recreational trail.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.18.

IC 8-4.5-6-7
Determination by governmental entity
    Sec. 7. A governmental entity shall determine that therequirements for approval of a recreational trail under this chapterhave been satisfied before the governmental entity may do either ofthe following:
        (1) Participate in the operation of a recreational trail.
        (2) Spend or grant money under its control for a recreationaltrail.
As added by P.L.40-1995, SEC.3.