Fayston tables proposed trail-construction standards after legal uncertainties raised

The Fayston Planning Commission spent the bulk of its Jan. 13 meeting debating proposed changes to trail definitions and construction standards in the Land Use Regulations and decided to table the item pending a Vermont Supreme Court decision.

State recreation officials and trail experts joined by Zoom and in person to advise the commission. Claire Polfus, Recreation and Program Manager at the Vermont Department of Forests, Parks & Recreation, told commissioners that the department’s trail standards are designed for trails open to the public and that private-property situations require different treatment: "The State of Vermont encourages people to share their private property with the public. It is not required." Nick Bennette of Vermont Trails & Greenways explained the legal context, saying a Vermont Environmental Superior Court ruling found that a privately used, non-advertised trail can be a "de minimis private use" and therefore not subject to zoning in that case. Bennette noted that the case has been appealed to the Vermont Supreme Court and a decision is expected soon.

Commissioners and members of the public raised drafting options: remove the word "trail" from the definition of "outdoor recreational facility," craft a standalone definition for trails, or define trails by public accessibility. Conservation and environmental concerns—especially impervious surfaces on steep slopes—were repeatedly flagged. Chair Paul Quinlan recommended pausing rule changes until the court decision and framing future work in the broader update of the Town Plan: "I suggest we do nothing, table this topic and move on." The commission agreed to table the trail-definition and standards changes and revisit them after the court ruling and in the context of Town Plan goals.