Indiana § 36-10-16-17 - Establishing the commission

§ 36-10-16-17. Establishing the commission

Sec. 17. (a) The commission may be established by the legislative body of an eligible:

(1) county; and

(2) city;

upon the adoption of an ordinance approved by both bodies establishing the commission.

(b) The ordinance establishing the commission shall designate the boundaries of the Midwest continental divide district, if the legislative bodies determine the following:

(1) The district's designation would encourage collaboration and support development across jurisdictions.

(2) The district's efforts enhance the quality of life, create cultural amenities, and preserve key land and natural resources in at least one (1) eligible unit, a reservation site, and the surrounding region.

(3) The existence of a development plan for the district that includes the development of a trail project and that identifies the trail project's objectives in a clearly focused and measurable fashion.

(4) The district's designation would catalyze new developments and attractions and improve tourism and the tourism industry in the eligible county and Indiana.

(5) The district's efforts would enhance a state park and a state nature preserve in the eligible county.

The commission, from time to time, may petition the legislative body of the eligible county and eligible city, as applicable, to expand the boundaries of the district inside the respective jurisdictions.

(c) The ordinance establishing the commission shall also:

(1) approve a land use and zoning plan for the district; and

(2) provide that any change or variance in zoning that is:

(A) inconsistent with the land use and zoning plan; and

(B) not more than one-half (1/2) mile from a trail project approved by the commission and the eligible county or city, as applicable;

shall be considered consistent with the land use and zoning plan by the commission.

(d) The commission shall notify the state budget agency in writing promptly after the commission is established.

As added by P.L.141-2025, SEC.1. Amended by P.L.45-2026, SEC.2.