Senate Transportation reviews H.488 provisions to codify rules for state-owned rail trails

At a Senate Transportation Committee review of H.488, Damien Leonard of the Office of Legislative Council outlined provisions that would add explicit statutory authority to regulate interim trail uses of state-owned rail rights-of-way placed in rail-bank status.

The bill would retitle the Title 5 chapter from “state acquisition of railroads” to “state-owned railroads and rail trails” and require the secretary of transportation to adopt rules governing interim trail use that are consistent with the new statutory provisions, Leonard said.

The change reflects existing practice, Leonard said: "If you have a railroad that is no longer in use, the state can place it in rail bank status, which basically means ... it could go back into use as a railroad if the need arises in the future." While in rail-bank status, he said, rights-of-way can be used as interim rail trails.

H.488 would authorize the Agency of Transportation and trail sponsors to regulate or prohibit specified activities on state-owned rail trails. Committee discussion and Leonard's summary identified the principal categories of prohibited or regulated conduct as: littering; damaging vegetation or structures (including vandalism); placing signs or advertising without authorization from the trail sponsor; selling goods or services except in authorized locations; demonstrations limited by time, place and manner restrictions; harassment or molestation of wildlife (with limited exceptions for fishing in designated locations); use or discharge of firearms or other weapons (the draft limits "using or discharging" rather than banning carrying); blocking or obstructing the trail (including restrictions on picnicking except at sponsor-approved sites); unauthorized use of motorized vehicles, with enumerated exceptions such as maintenance vehicles, snowmachines on designated VAST trails, power-driven mobility devices for persons with disabilities, and electric bicycles as permitted by state rule; and overnight camping only in designated areas.

Committee members asked how the proposals would affect cross‑access to adjacent private farmland and farm equipment crossing trails; Leonard recommended the agency address operational details and suggested members could propose statutory clarifications if they wanted specific cross‑access protections. He also said Jackie Casino, who leads the agency program for rail rights-of-way, would be the appropriate witness for detailed operational questions.

The proposal includes a civil penalty scheme consistent with existing statute for state rights-of-way, and emphasizes that in most cases the trail sponsor will be the state but that municipalities who maintain specific trails may be trail sponsors in individual cases.

Committee members signaled they would hear agency witnesses if questions remained. Leonard said the committee would continue consideration of H.488 in a subsequent session.