Executive Order No. 10-48 (No. 04-20) [Promoting and Providing Regulatory Certainty for Recreational Trails]
WHEREAS, Vermont’s landscape of forests, farms and compact downtowns and village centers
and their associated outdoor recreation opportunities are major reasons why people
visit and live in Vermont; and
WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion
in consumer spending; and
WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged
to sustain, grow and drive economic development in all sectors of Vermont’s economy
with particular attention to the segment that includes outdoor recreation industry
businesses that are most closely aligned with the State’s outdoor recreation brand;
and
WHEREAS, those recreation assets must be wisely managed and strengthened, not only
to grow the economic development potential of this sector, but to sustain and enhance
the value of the Vermont brand, the experience of visitors to Vermont and Vermonters’
quality of life; and
WHEREAS, outdoor recreation is critically important to the physical and mental health
and wellness of Vermonters especially during the COVID-19 pandemic through exercise
in the Vermont environment in a way that promotes our public health objectives; and
WHEREAS, Vermont Natural Resources Board Rule 71(A) clarifies that when a property
owner authorizes a trail to be located on their property, and an Act 250 permit is
required for that trail system, Act 250 jurisdiction only applies to that trail corridor;
and
WHEREAS, the public would benefit from additional clarity with respect to the manner
in which recreational trails are regulated through Act 250.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority
vested in me as Governor, and in furtherance of promoting outdoor recreation and the
rural economy, do hereby order and direct as follows:
I. The Chair of the NRB shall clarify through guidance or rulemaking:
A. That the jurisdictional trigger for trails enrolled in the Vermont Trail System is
the jurisdictional trigger that applies to the construction of improvements for municipal,
county, and state purposes in 10 V.S.A. § 6001(3)(A)(v). (Meaning a VTS trail project will require 10 acres or more of actual land disturbance
to trigger Act 250 jurisdiction, regardless the size of the parcel(s) the trail may
cross).
B. That the involved land for determining jurisdiction over trails enrolled in the Vermont
Trail System includes only those portions of any tract or tracts of land to be physically
altered or upon which construction of improvements will occur as more fully described
in Act 250 Rule 2(C)(5)(b). (Meaning land not used as a part of the VTS trail improvements
will not be considered when determining whether a VTS trail project triggers Act 250
jurisdiction).
C. That once Act 250 jurisdiction is triggered, that jurisdiction only extends to the
trail corridor and to any area directly or indirectly impacted by the
construction, operation, or maintenance of the trail corridor. (Meaning when Act 250
asserts jurisdiction over a VTS trail project, jurisdiction will only apply to the
trail corridor and will in no way restrict or encumber lands outside the trail corridor
on the parcel(s) the trail may cross).
II. Recommendations for Future Improvements to Recreational Trail Oversight.
On or before March 1, 2021, the Commissioner of Forests, Parks, and Recreation shall
make recommendations for an alternative, best-management-practices-driven program
for the oversight of planning, construction, use, and maintenance of recreational
trails in the Vermont Trails System administered by the Agency of Natural Resources.
These recommendations should also provide applicants clarity on how recreational trails
can be constructed and operated in a manner that does not result in an undue or adverse
impact to the human or natural communities where they are located. The report shall
include recommendations for revisions to 10 V.S.A. chapter 20, including revisions to mapping, legislative authority to administer the program,
potential funding sources, staffing needs, and whether to include other recreational
trails. The recommendations should include any proposed changes to legislation to
promote the construction and operation of trails in an environmentally protective
manner. The Agency of Natural Resources shall consult with stakeholders including
the Vermont Trails and Greenways Council in developing recommendations.
III. Suspension of Proceedings that Address Act 250 Jurisdiction.
Any executive branch litigant or tribunal shall take all reasonable steps to delay
a final decision in any proceeding addressing Act 250 jurisdiction until the steps
identified in this Executive Order take effect.
IV. Effective Date.
This Executive Order shall take effect upon signing.
Dated October 5, 2020