58-3213. Procedures for development.
58-3213
58-3213. Procedures for development.(a) Upon receipt of permission from theappropriate federalagencyto enter into negotiations for interim trail use, the responsible party shallgive written notice to each adjacent property owner that the responsible partyintends to build a recreational trail adjacent to the property owner'sproperty. The responsible party may utilize the addresses to which real estatetax statements are sent, as maintained by county officials, for such notices. Such notice shall be given by first-class mail unless the notice isreturned undelivered, in which case a further notice shall be given bycertified mail. Further notice shall be published once each week forthree consecutive weeks in the official newspaper of the county in which suchtrail is proposed to be located.
(b) Before commencing development or operation of a recreational trail, theresponsible party shall:
(1) Prepare a project plan that includes: (A) The name and address of theresponsible party, (B) an itemized estimate of the costs of the project andsources of funding for the project, and (C)maps of the recreational trail;
(2) submit by certified mail, not later than 180 days after receivingapproval of interim trail use from the appropriate federal agency, the initialproject plan to the county commission of each county where a portion of thetrail is to be located outside of city limitsand to the governing body of each city where a portion of the trail is to belocated inside the city limits;
(3) submit the final project plan to the county commission of each countywhere a portion of the trail is to be located outside of city limitsand make subsequentreports to such county commission as to the status of traildevelopment or operation, or both, at intervals determinedby the commission and consider all recommendations the commission has regardingthe trail; and
(4) submit the final project plan to the governing body of each city wherea portion of the trail is to be located inside the city limitsand make subsequent reports to such city governing bodyas to the status of trail development or operation, or both,at intervals determined by the governing body and consider all recommendationsthe governing body has regarding the trail.
(c) The responsible party shall complete development of a recreational trailwithin a period of time equal to two years times the number of counties inwhich the recreational trail is located. Such period of time shall begin onlywhenthe appeal period pursuant to subsection(d) of 16 U.S.C. 1247 (1983) has expired. Any time during which there ispending any court action challenging the development or use of the trail shallnot be computed as part of the time limitation imposed by thissubsection.
(d) The provisions of this section shall apply to only recreational trailsfor which approval to enter into negotiations for interim trail use is receivedfrom the appropriate federal agency on or after the effective date of thisact.
History: L. 1996, ch. 223, § 3; L. 1996, ch. 252, § 1; July 1.