§ 3408a. Use of rail trails
(a) Definitions. As used in this section:
(1) “Rail trail” means the right-of-way of a State-owned railroad line that has been authorized
for railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) or section 3408 of this chapter.
(2) “Trail sponsor” means the Agency of Transportation in the case of a rail trail maintained
by the Agency or the municipality in the case of a rail trail maintained by a municipality.
(b) Use of rail trails. The following acts are prohibited within a rail trail right-of-way:
(1) Throwing, dropping, or discarding bottles, cans, paper, garbage, rubbish, sewage,
or other material of any kind.
(2) Cutting, mutilating, or removing any tree, shrub, flower, plant, top soil, or sod
or attempting to do so.
(3) Injury, defacement, removal, or destruction of the surface of the rail trail or a
rail trail’s structures, appurtenances, recreation facilities, or property.
(4) Except as authorized by the trail sponsor, erecting, placing, or displaying any advertising
materials, posters, or placards of any kind. This prohibition shall not apply to official
signs erected by the trail sponsor.
(5) Except as authorized by the trail sponsor, entering or remaining on the rail trail
for the purpose of:
(A) selling, hiring, or leasing any goods or services; or
(B) distributing samples, pamphlets, or advertising materials, except for official information
authorized by the trail sponsor.
(6) Parades, demonstrations, picnics, games, entertainment, or organizations, except at
times and locations approved by the trail sponsor.
(7) Harassing or molesting wildlife, except for fishing.
(8) Using or discharging any firearms or other weapons or fireworks, except by a person
authorized by the trail sponsor or as otherwise permitted by law.
(9) Igniting fires for any purpose, except in fireplaces or firepits at locations designated
by the trail sponsor or for trail maintenance purposes.
(10) Soliciting alms or contributions.
(11) Use of motorized vehicles, except for:
(A) maintenance purposes;
(B) snowmobiles, subject to applicable State rules, when the Vermont Association of Snow
Travelers, Inc. has declared the Statewide Snowmobile Trail System officially open;
(C) Other Power-Driven Mobility Devices (OPDMD) utilized by an individual with a disability
as permitted by the Agency’s Rail Trail Accessibility Policy;
(D) electric bicycles as permitted pursuant to applicable State rules; and
(E) other circumstances that the trail sponsor determines are appropriate.
(12) Overnight camping, except at areas designated for that purpose by the trail sponsor.
(c) Penalty. Any person who violates the provisions of subsection (b) of this section shall be
subject to a civil penalty pursuant to subdivision 3408(c)(3) of this chapter. (Added 2025, No. 43, § 9, eff. July 1, 2025.)