Sec. 1.5. (a) Before March 1, 2016, the department shall develop guidelines concerning recreational trails and amend the guidelines as necessary or advisable thereafter. The guidelines must address at least the following issues:

(1) Clear statement of ownership and management of each trail.

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Terms Used In Indiana Code 14-19-1-1.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Right-of-way inconsistencies.

(3) The division of responsibility for maintenance of fences, for drainage, and for maintenance of drainage or drain tiles.

(4) Tree, weed, and brush removal between responsible parties and landowners adjacent to recreational trails.

(5) Mowing responsibility.

(6) Law enforcement jurisdiction.

(7) Signage.

(8) Conflict resolution procedures.

(9) Appeal procedures.

(10) Use by public utility facilities.

     (b) In developing the recreational trail guidelines described in subsection (a), the division shall consult with various groups, organizations, and agencies that will be impacted by the guidelines.

     (c) The department may adopt guidelines, without complying with IC 4-22-2, to implement this section.

As added by P.L.67-2015, SEC.1. Amended by P.L.127-2022, SEC.22.