12-012 Code Vt. R. 12-020-012-X

Current through August, 2024
Section 12 020 012 - VERMONT RECREATIONAL TRAILS FUND

Under the authority vested in 10 V.S.A., Chapter 20, Section 28, § 446(a), the Secretary of the Agency of Natural Resources adopts the following regulations relative to administering this fund.

Section 1 Purpose

Pursuant to 10 V.S.A., Chapter 20, § 446 "The recreational trails fund may be used to design, construct, and maintain trails, to conduct studies and prepare plans, publish maps and information, make grants to state and municipal agencies and nonprofit organizations and to pay the administrative expenses associated with these activities."

Section 2 Definitions
(A) "Agency" means the agency of natural resources.
(B) "Trails" mean land used for hiking, walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding and other similar activities. Trails may be used for recreation, transportation, and other compatible purposes.
(C) "Trails and Greenways Council" means the Vermont Trails and Greenways Council, Inc., as incorporated with the Secretary of State.
Section 3 Advisory Council Designated

The Vermont Trails and Greenways Council, Inc., an organization of trail using and trail providing groups, is designated as an advisory council to the agency of natural resources and shall advise on all matters related to this chapter including the allocation of state and federal funds appropriated for the purposes of this chapter.

Section 4 Use of the Trails Fund
(A) The forty percent of the fund which goes to the Department of Forests, Parks and Recreation shall be used to implement the purposes of this act including the development, management, construction and maintenance of trails on state lands. This money shall be used at the discretion of the Commissioner of Forests, Parks and Recreation and may include salaries and benefits, purchase of materials and supplies, contracting for services, and publishing of information. The public may request project work on state lands through the Forests, Parks and Recreation District Trails Coordinator. The Recreation Chief/Trails Coordinator will recommend projects to the Commissioner for final approval.
(B) The forty percent of the fund which goes to the Vermont Association of Snow Travelers (VAST) shall be budgeted in the Annual Snowmobile Trail Development and Maintenance Plan as prepared by VAST and approved by the Governor's Snowmobile Advisory Council.
(C) The twenty percent of the fund which goes to providing grants to municipalities and not-for-profit organizations for the development, maintenance, and protection of recreational trails and transportation paths shall be administered as defined further in these regulations. All trails projects must be either on public land or if on private land they must have the written permission of the landowner. Permission must be for a length of time appropriate to the nature and amount of the public investment.
Section 5 Grant Application Process
(A) All applicants for grants must submit an application from an application packet prepared by the Department of Forests, Parks and Recreation with the advice of the Trails and Greenways Council. The packet will contain criteria for selecting projects for funding. These criteria must be addressed by the applicant. The department shall notify potential applicants of the availability of the grants application packet through direct mailings, mass media, and interest group newsletters.
(B) A five-person committee, appointed by the Commissioner with the advice of the Trails and Greenways Council, will rank the projects for recommended funding and forward the recommendations to the Commissioner for final decision.
(C) The department will generally follow the same annual funding cycle each year unless circumstances require a different cycle. The planned cycle is as follows:

Applications will be due in January. The Ranking Committee will meet in February to review and rank the applications. The Commissioner will make the final decision for ranking in March and the applicants will be notified of their position, and based on anticipated funding, whether or not they could expect to be funded. Shortly after the legislature adjourns and the Governor signs the appropriations bill, the approved applicants will be notified and asked to sign a project agreement. Work can begin on the date stated in the project agreement, after which project sponsors can begin billing for reimbursement of expenses.

12-012 Code Vt. R. 12-020-012-X

Effective Date: January 7, 1995 (Secretary of State Rule Log # 95-7)