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Committee advances rail-trail rules, broadens fishing language and asks AOT for clarifications on rail banking and maintenance
Summary
The committee reviewed new rail-trail provisions that add cross-references to section 3408a, broaden fishing language, and preserve the secretary’s authority to place state-owned rail rights-of-way into railbank status; members asked AOT for clarifications on railbank ownership and maintenance obligations.
The committee reviewed multiple new and revised provisions addressing rail banking and rail-trail use in draft 3.1.
Damien Leonard outlined edits that add references to section 3408a for state-owned rail trails and allow the secretary to adopt rules governing interim trail use consistent with section 3408a. Committee members noted one specific change in Section 7 that broadened fishing language: earlier text had allowed fishing only in locations designated by the trail sponsor, the new draft simply states “except for fishing,” broadening where fishing is permitted.
Michelle Blumhower and other AOT staff explained that the bill does not change the secretary’s existing authority to place state-owned railroad rights-of-way into railbank status; the draft clarifies cross-references and updates terminology. Committee members asked the agency to provide a clear status list of the four state-owned rail trails (which trails are railbanked and which are fee simple), citing Lamoille Valley Rail Trail as an example that is railbanked and noting the Delaware & Hudson corridor has mixed status. AOT agreed to confirm status for each trail and to brief committee members via email and a public posting. AOT also said it would consult legal counsel about maintenance obligations and the implications of railbank status, and promised to provide written answers.
The draft also includes a civil-penalty provision that mirrors existing statutory language capping penalties at "not more than $300" for violations of rules adopted under the rail-trail provisions; AOT staff explained actual fines may be lower in practice as judicial bureaus set actual fines for violations.
Ending: The committee tabled final action on rail banking and rail-trail rule language pending AOT’s written clarifications on the railbank status of state-owned trails and on maintenance/repair obligations under federal rail-banking statutes.
