Introduced by Representatives Masland of Thetford, Deen of Westminster, Jewett of Ripton, Marek of Newfane and Shand of Weathersfield
Subject: Conservation; Act 250; recreational trails
Statement of purpose: This bill proposes to provide that the owner of land that hosts a recreational trail need not be an applicant under Act 250, to the extent that the land is part of a statewide recreational trail system, provided that a trail organization is a permit applicant and is responsible for compling with any permit that is issued. The bill proposes that the permit not run with the land, but rather reside with the trail organization. It proposes that the trail organization may transfer the permit to another organization, but only upon receiving a permit amendment.
AN ACT RELATING TO ALLOWING TRAIL ORGANIZATIONS TO BE RECIPIENTS OF ACT 250 PERMITS, WITHOUT THE OWNERS OF THE UNDERLYING LAND BEING CO-APPLICANTS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 6081(s) is added to read:
(s) No permit or permit amendment is required of the owner of land to the extent that the land is part of a statewide recreational trail system that the owner has allowed to pass through the property, provided that a trail organization is a permit applicant and, in case a permit is granted, is responsible to adhere to the terms and conditions of any permit that is issued. If a landowner does not choose to be an applicant in this situation, any permit shall be awarded to the trail organization, shall not run with the land, shall pertain only to land that is part of the trail system, and shall include a reasonable buffer around the trail, as designated by the district commission. A permit held only by an organization may be transferred to another organization, but only by means of a permit amendment. This subsection shall not apply in situations where the land on which the trail is located is already subject to jurisdiction under this chapter. This subsection shall not apply to a landowner who expects to receive consideration for recreational use of the land that is part of the trail system, with the terms “consideration,” “land,” and “recreational use” having the meaning established in 12 V.S.A. § 5792.
The Vermont General Assembly
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