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Legislation to Help Rail Trails

A primary goal of NHRTC is to provide guidance for the development and maintenance of NH rail trails.  Linking existing trails together will provide greater opportunities for longer rides and adventures, a key factor that promotes tourism and aids NH bike-ped commuters as well. The 120-mile Granite State Rail Trail from Salem to Lebanon is a prime example, a 20-year-old concept that is about 65% complete today but with “gaps,” the most critical being the Manchester-Concord section for which the only practical route is along the existing railroad corridor.  It was once a double-track line, but now as a single-track, there is ample space for rail-with-trail (RwT).  This is far from unusual, as over 400 RwT corridors are in use throughout the country today.

A major concern by railroad operators before allowing a trail to be built on their property adjacent to an active line is liability.  The fear of something falling off a train and injuring a trail user or someone trespassing onto the track, then being hit by a train, is unfounded but real.  There have been no such incidents reported from anywhere in the country.  That said, liability concerns must be addressed by relieving the railroad operator of the liability.  This can be accomplished by modifying the seemingly-unrelated Recreational Use Statutes that indemnify property owners when their land is used by the public.  NH has such laws today, but they only address hiking, snowmobile, and OHRV trails on private property.  Maine and Massachusetts have successfully updated their Rec Use Statutes to indemnify railroad operators and utility companies owning property that could accommodate trail development.

NHRTC has started the legislative process to update the NH Rec Use Statutes.  A Legislative Service Request (LSR) is being submitted by Bedford Representative Linda Gould, the primary sponsor.  Support for this legislation has been expressed by other state reps and senators.  Once the LSR is assigned a House bill number, then public support will be needed throughout the committee hearing process.  All this takes time, but with luck, additional rail-with-trail projects will become easier here in NH.  Today we have three, after years of local efforts.  NHRTC would like to see seven new RwT segments created to link existing trails for the benefit of residents, tourists, and the state in general.  Rail trails provide many active recreation and transportation opportunities, while helping both local and state economies.  Stay tuned as the legislative process moves ahead in the coming months!

NH LSR to Law flowchart