Vermont § 48 - Executive Order No. 10-48 (No. 04-20) [Promoting and Providing Regulatory Certainty for Recreational Trails]

§ 48. 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