Midwest continental divide commission., the official text

Second Regular Session of the 124th General Assembly (2026)

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  SENATE ENROLLED ACT No. 228

   AN ACT to amend the Indiana Code concerning local government.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 36-10-16-12, AS ADDED BY P.L.141-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. As used in this chapter, "land use and zoning
plan" means the land use and zoning overlay district plan adopted by
the eligible county with the formation of the district.

   SECTION 2. IC 36-10-16-17, AS ADDED BY P.L.141-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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.

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      (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 the land use and 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;
      plan requires shall be considered consistent with the land use
      and zoning plan by the approval of the commission.
   (d) The commission shall notify the state budget agency in writing
promptly after the commission is established.

SEA 228
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 228