IC 8-4.5-6
Chapter 6. Local Participation in Establishment of Recreational
Trails
IC 8-4.5-6-1 Authorization
Sec. 1. (a) Subject to this chapter, a corridor may be used for a
recreational trail.
(b) A recreational trail may not be authorized under this chapter
to 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 on
any part of a corridor that has rail traffic with the consent of the rail
traffic operator and owner after consideration of appropriate and safe
design 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 converted
for use as a recreational trail, a responsible party must file the
information 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 located
in a municipality, with the executive of the municipality.
(3) If any part of the recreational trail is intended to be located
on property not within a municipality, with the county executive
of any county in which the recreational trail is intended to be
located. 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 information
under section 2 of this chapter:
(1) A description and map of the proposed recreational trail.
The information filed under this subdivision must identify the
following:
(A) The properties for which the responsible party has
secured 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 a
recreational trail.
(2) The name and address of the responsible party. If the
responsible party is not an individual, the following information
about 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 body
responsible for the administration of the governmental
entity.
(ii) The name, address, and head of any agency of the
governmental entity that will be responsible for the
operation of the recreational trail.
(B) If the responsible party is a corporation of any kind, the
officers of the corporation and the address at which legal
documents for the corporation may be served.
(C) If the responsible party is a partnership of any kind, the
names and addresses of all of the partners.
(D) If the responsible party is any other kind of entity, the
name and address of each individual who satisfies the
following:
(i) The individual belongs to or is affiliated with the entity.
(ii) The individual has some responsibility for the
organization or governance of the entity.
(3) A project concept statement for the recreational trail,
including a location map, cross-section, and sketch of the
project, detailed enough to generate project cost estimates. The
proposed project is not required to be designed before filing,
but the concept must be reasonable from a transportation
engineering standpoint and detailed enough to generate project
cost estimates.
(4) An environmental impact statement, if required by law.
(5) An itemized cost estimate for the total project showing for
each item the cost and funding source.
(6) Expenses, including personnel costs, costs of goods and
services, contractual services, equipment, utilities, travel, and
taxes. The information provided under this subdivision must
specifically show expenses for:
(A) trail security;
(B) fencing;
(C) maintenance; and
(D) drainage.
(7) A trail operation agreement under which the responsible
party agrees to operate the recreational trail. The trail operation
agreement must provide that the responsible party shall grant
easements to persons who own adjacent property on both sides
of the recreational trail permitting those persons to cross the
trail in a reasonable fashion given the use of the adjacent
property. The following may require inclusion of other
provisions in the trail operation agreement considered
advisable:
(A) The department of natural resources.
(B) The executive of a county if an ordinance of the
legislative body of the county is required to authorize the
recreational trail under this chapter.
(C) The executive of a municipality if an ordinance of the
legislative body of the municipality is required to authorize
the 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 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. 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 person
who is using a recreational trail.
(b) This section does not relieve a property owner from liability
for 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 the
responsible party's obligation to erect the fences requested
under this section; or
(B) establish an escrow account with a financial institution
or a person selected by mutual agreement with a property
owner that contains sufficient money to erect the fences
requested under this section.
The terms of the escrow agreement described in clause (B) must
require that the money in the account be dedicated to the
provision of the fences requested under this section with the
surplus to be returned to the responsible party. The responsible
party may post a single bond or establish a single escrow
account to provide fences for more than one (1) property owner.
(2) Erect and maintain fencing between the recreational trail
and the property owner's property. The fencing must be in
accordance with current fencing standards of the Indiana
department of transportation for urban or rural settings, as
appropriate 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 the
requirements for approval of a recreational trail under this chapter
have been satisfied before the governmental entity may do either of
the following:
(1) Participate in the operation of a recreational trail.
(2) Spend or grant money under its control for a recreational
trail. As added by P.L.40-1995, SEC.3.
IC 8-4.5-6
Chapter 6. Local Participation in Establishment of Recreational
Trails
IC 8-4.5-6-1 Authorization
Sec. 1. (a) Subject to this chapter, a corridor may be used for a
recreational trail.
(b) A recreational trail may not be authorized under this chapter
to 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 on
any part of a corridor that has rail traffic with the consent of the rail
traffic operator and owner after consideration of appropriate and safe
design 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 converted
for use as a recreational trail, a responsible party must file the
information 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 located
in a municipality, with the executive of the municipality.
(3) If any part of the recreational trail is intended to be located
on property not within a municipality, with the county executive
of any county in which the recreational trail is intended to be
located. 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 information
under section 2 of this chapter:
(1) A description and map of the proposed recreational trail.
The information filed under this subdivision must identify the
following:
(A) The properties for which the responsible party has
secured 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 a
recreational trail.
(2) The name and address of the responsible party. If the
responsible party is not an individual, the following information
about 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 body
responsible for the administration of the governmental
entity.
(ii) The name, address, and head of any agency of the
governmental entity that will be responsible for the
operation of the recreational trail.
(B) If the responsible party is a corporation of any kind, the
officers of the corporation and the address at which legal
documents for the corporation may be served.
(C) If the responsible party is a partnership of any kind, the
names and addresses of all of the partners.
(D) If the responsible party is any other kind of entity, the
name and address of each individual who satisfies the
following:
(i) The individual belongs to or is affiliated with the entity.
(ii) The individual has some responsibility for the
organization or governance of the entity.
(3) A project concept statement for the recreational trail,
including a location map, cross-section, and sketch of the
project, detailed enough to generate project cost estimates. The
proposed project is not required to be designed before filing,
but the concept must be reasonable from a transportation
engineering standpoint and detailed enough to generate project
cost estimates.
(4) An environmental impact statement, if required by law.
(5) An itemized cost estimate for the total project showing for
each item the cost and funding source.
(6) Expenses, including personnel costs, costs of goods and
services, contractual services, equipment, utilities, travel, and
taxes. The information provided under this subdivision must
specifically show expenses for:
(A) trail security;
(B) fencing;
(C) maintenance; and
(D) drainage.
(7) A trail operation agreement under which the responsible
party agrees to operate the recreational trail. The trail operation
agreement must provide that the responsible party shall grant
easements to persons who own adjacent property on both sides
of the recreational trail permitting those persons to cross the
trail in a reasonable fashion given the use of the adjacent
property. The following may require inclusion of other
provisions in the trail operation agreement considered
advisable:
(A) The department of natural resources.
(B) The executive of a county if an ordinance of the
legislative body of the county is required to authorize the
recreational trail under this chapter.
(C) The executive of a municipality if an ordinance of the
legislative body of the municipality is required to authorize
the 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 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. 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 person
who is using a recreational trail.
(b) This section does not relieve a property owner from liability
for 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 the
responsible party's obligation to erect the fences requested
under this section; or
(B) establish an escrow account with a financial institution
or a person selected by mutual agreement with a property
owner that contains sufficient money to erect the fences
requested under this section.
The terms of the escrow agreement described in clause (B) must
require that the money in the account be dedicated to the
provision of the fences requested under this section with the
surplus to be returned to the responsible party. The responsible
party may post a single bond or establish a single escrow
account to provide fences for more than one (1) property owner.
(2) Erect and maintain fencing between the recreational trail
and the property owner's property. The fencing must be in
accordance with current fencing standards of the Indiana
department of transportation for urban or rural settings, as
appropriate 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 the
requirements for approval of a recreational trail under this chapter
have been satisfied before the governmental entity may do either of
the following:
(1) Participate in the operation of a recreational trail.
(2) Spend or grant money under its control for a recreational
trail. As added by P.L.40-1995, SEC.3.
IC 8-4.5-6
Chapter 6. Local Participation in Establishment of Recreational
Trails
IC 8-4.5-6-1 Authorization
Sec. 1. (a) Subject to this chapter, a corridor may be used for a
recreational trail.
(b) A recreational trail may not be authorized under this chapter
to 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 on
any part of a corridor that has rail traffic with the consent of the rail
traffic operator and owner after consideration of appropriate and safe
design 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 converted
for use as a recreational trail, a responsible party must file the
information 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 located
in a municipality, with the executive of the municipality.
(3) If any part of the recreational trail is intended to be located
on property not within a municipality, with the county executive
of any county in which the recreational trail is intended to be
located. 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 information
under section 2 of this chapter:
(1) A description and map of the proposed recreational trail.
The information filed under this subdivision must identify the
following:
(A) The properties for which the responsible party has
secured 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 a
recreational trail.
(2) The name and address of the responsible party. If the
responsible party is not an individual, the following information
about 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 body
responsible for the administration of the governmental
entity.
(ii) The name, address, and head of any agency of the
governmental entity that will be responsible for the
operation of the recreational trail.
(B) If the responsible party is a corporation of any kind, the
officers of the corporation and the address at which legal
documents for the corporation may be served.
(C) If the responsible party is a partnership of any kind, the
names and addresses of all of the partners.
(D) If the responsible party is any other kind of entity, the
name and address of each individual who satisfies the
following:
(i) The individual belongs to or is affiliated with the entity.
(ii) The individual has some responsibility for the
organization or governance of the entity.
(3) A project concept statement for the recreational trail,
including a location map, cross-section, and sketch of the
project, detailed enough to generate project cost estimates. The
proposed project is not required to be designed before filing,
but the concept must be reasonable from a transportation
engineering standpoint and detailed enough to generate project
cost estimates.
(4) An environmental impact statement, if required by law.
(5) An itemized cost estimate for the total project showing for
each item the cost and funding source.
(6) Expenses, including personnel costs, costs of goods and
services, contractual services, equipment, utilities, travel, and
taxes. The information provided under this subdivision must
specifically show expenses for:
(A) trail security;
(B) fencing;
(C) maintenance; and
(D) drainage.
(7) A trail operation agreement under which the responsible
party agrees to operate the recreational trail. The trail operation
agreement must provide that the responsible party shall grant
easements to persons who own adjacent property on both sides
of the recreational trail permitting those persons to cross the
trail in a reasonable fashion given the use of the adjacent
property. The following may require inclusion of other
provisions in the trail operation agreement considered
advisable:
(A) The department of natural resources.
(B) The executive of a county if an ordinance of the
legislative body of the county is required to authorize the
recreational trail under this chapter.
(C) The executive of a municipality if an ordinance of the
legislative body of the municipality is required to authorize
the 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 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. 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 person
who is using a recreational trail.
(b) This section does not relieve a property owner from liability
for 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 the
responsible party's obligation to erect the fences requested
under this section; or
(B) establish an escrow account with a financial institution
or a person selected by mutual agreement with a property
owner that contains sufficient money to erect the fences
requested under this section.
The terms of the escrow agreement described in clause (B) must
require that the money in the account be dedicated to the
provision of the fences requested under this section with the
surplus to be returned to the responsible party. The responsible
party may post a single bond or establish a single escrow
account to provide fences for more than one (1) property owner.
(2) Erect and maintain fencing between the recreational trail
and the property owner's property. The fencing must be in
accordance with current fencing standards of the Indiana
department of transportation for urban or rural settings, as
appropriate 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 the
requirements for approval of a recreational trail under this chapter
have been satisfied before the governmental entity may do either of
the following:
(1) Participate in the operation of a recreational trail.
(2) Spend or grant money under its control for a recreational
trail. As added by P.L.40-1995, SEC.3.
