Feds Say No ATV's on Rail Trails in Winter
March 4, 2008

Feds Rule Winter OHRV Use of Rail Trails Not Permitted 

(Concord, NH)   The Division of Parks and Recreation, Bureau of Trails announces that due to a ruling from the  Federal Highway Administration (FHWA), winter use by wheeled Off Highway Recreational Vehicles (OHRV) on the following State owned recreational rail trails is now prohibited effective immediately:

·        Conway Branch (Ossipee-Conway)

·        Northern (Boscawen-Lebanon)

·        Farmington (Farmington-Rochester)

·        Cheshire (North Walpole-Fitzwilliam)

·        Ashuelot (Keene-Winchester)

·        Fort Hill (Hinsdale)

·        Monadnock (Jaffrey-MA state line)

·        Manchester/Lawrence (Salem-Windham) 

The recreational management practice allowing wheeled OHRV on these trails in the winter came into question following legislative changes in 2006.  DRED asked the FHWA for clarification on the appropriate use related to the federal funds used to purchase these corridors.  The State requested a waiver citing current use.  The FHWA responded that this use is not consistent with the intent of these purchases.  The Bureau of Trails intends to comply with the FHWA immediately and will be posting new signs indicating the revised designated use over the next week.  All local law enforcement agencies will be notified of this change.

The Bureau of Trails is a part of the NH Division of Parks & Recreation.  The Division manages 70 state parks, thousands of miles of trails, campgrounds, historic sites and natural waysides and is part of the Department of Resources and Economic Development.  For more information about trails in NH state parks, please call 603/271-3254 or visit our website at www.nhtrails.org.

To all, 
As you may or may not have known, the State had been challenged on whether ATVs and trail bikes were permitted on state-owned rail trails that were purchased with Federal Transportation Enhancement funds.  When TE funds are used for trails there are certain restrictions as to what type of uses are permitted.  Snowmobiles are permitted however wheeled OHRVs are not.  

At the time these trail corridors were purchased ATVs and trail bikes fit within the definition of a "snow traveling vehicle" which allowed for their use on these trails for winter only.  Since then the law changed from defining a "snow traveling vehicle" to specifically defining a "snowmobile."  As the law reads now neither an ATV nor a trail bike fits within the definition of a snowmobile.  

This was ultimately used to challenge DRED's management of these rail trails for winter use.  DRED and DOT requested that the Federal Highway Administration clarify this issue and agree with the state that OHRV use on winter groomed trails is an appropriate use.  The Bureau has just received the final ruling from Federal Highway that the Feds do not consider ATVs and trail bikes to be consistent with the terms of the TE funds.  

This is not a result of the current legislation in the House and Senate that would statutorily prohibit this use.  This ruling is effective immediately and all appropriate law enforcement agencies have been notified.

 
Please see the attached press release and share this information with your club officers and general club membership. 

Bill Gegas, Program Specialist
New Hampshire Bureau of Trails
Division of Parks and Recreation
Department of Resources and Economic Development
172 Pembroke Road, P.O. Box 1856
Concord, NH 03302-1856
Tel: (603) 271-3254 ext: 227
Fax: (603) 271-3553
bgegas@dred.state.nh.us
www.nhtrails.org
 

 

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