AOT asks Senate panel to codify rail‑trail rules, signage and commercial permits; explains rail‑banking limits

The Vermont Agency of Transportation told the Senate Transportation committee April 9 it wants statutory language to codify long‑standing guidance for rail‑based trails, including permitted uses, commercial leasing and signage standards.

The agency said the draft language is intended mainly to “clean house” — converting existing internal guidance and consistent practices into statute after the state’s rail‑trail network grew rapidly in recent years. "The idea behind these changes are to really clean house and put into law guidance documents, practices that the agency has been using," an AOT representative said.

AOT staff described core points of the proposed changes: clarifying who may be a trail sponsor, establishing when commercial activities located on or adjacent to trail property need a license or permit, and setting standards for on‑trail wayfinding and roadway directional signage. The agency emphasized that such signs must comply with the Manual on Uniform Traffic Control Devices (MUTCD). The agency noted that some special‑event or research signs could be permitted on a limited basis.

On permitted uses, AOT said trail users may access adjacent hunting or fishing lands but those activities are not allowed on trail corridors themselves; fishing access points are acceptable. The agency also said nuisance trapping may be permitted when private property or a trail is threatened by wildlife, but routine recreational trapping on the trail or on state‑owned trail property is not allowed.

The agency reviewed motorized‑vehicle rules: only maintenance vehicles and VAST‑authorized snowmobiles (during snow season and as permitted by conditions) are generally allowed; other motorized uses are restricted, though exceptions can be considered for power‑driven mobility devices that meet federal standards for on‑trail use. AOT said it treats proposals for businesses that would operate on the trail — for example, tour operators — in a manner similar to how Parks and Recreation manages commercial uses on state park lands, with safety and user conflict analysis.

On rail banking, the agency explained the federal framework under the National Trails System Act and the role of the Surface Transportation Board in rail‑banking. The agency said rail‑banked corridors are to be maintained so they can be returned to active rail if economic conditions warrant; that may require replacing some historic bridges with pedestrian structures that cannot support trains, but the corridor itself should remain intact so rail service can be restored where feasible. "We are the trail sponsors, we're the stewards of that line in perpetuity," the AOT representative said.

AOT told the committee it manages about 147 miles of rail‑based trail in the state and that roughly 13 miles are managed by other sponsors (municipalities or other entities) under agreements with the agency. Committee members asked a few clarifying questions about trap setbacks, donation boxes, permitting of events such as fun runs, and the use of on‑trail signage to direct trail users into nearby towns.

Ending: The committee indicated it had largely worked through sections 5 and 6 and marked the item as done pending minor clarifications.