Legal Trails

Vermont’s Road Classification System and Legal Trails

Vermont’s road classifications and Legal Trail designation can be challenging to understand, even for the most savvy landowner, town manager, or trail builder. Finding out who owns a right-of-way, and determining who manages it and for what purposes, can be difficult. Below is a summary of frequently asked questions.

Frequently Asked Questions

How are Vermont’s roads, Legal Trails, and corridors defined?

The State of Vermont designates Vermont roads, ‘legal trail’, and corridors, in Vermont Statute 19 V.S.A. §302 .The classifications are summarized below.

Class 1: State-designated town highways that serve as extensions of state highway routes and carry a state highway number

Class 2: Locally designated town highways that carry more than normal amounts of traffic and connect neighboring towns

Class 3: Other town highways that are maintained for year-round use by pleasure cars

Class 4: All other town highways; minimal maintenance requirements

Legal Trail: Public rights-of-way that are not highways; no statutory maintenance requirements. They may have previously been a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or they may be a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use.

Unidentified corridor: Town highways that were laid out as highways, but are not on town highway maps and are not clearly observable by physical evidence of their use as a highway or trail

Who owns Legal Trails?

Who maintains Legal Trails?

The local Selectboard is responsible for regulation of town rights-of-way, including trails (19 V.S.A. § 304(5) 19 V.S.A. § 304). “Nothing in this section shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of selectmen to reasonably regulate the uses of recreational trails.”

While towns are responsible for maintenance of town highways, state law gives them significant discretion over the upkeep of Class 4 roads for the “necessity of the town, the public good, and the convenience of the inhabitants” (19 V.S.A. § 310(b)) . Towns are not required to maintain Legal Trails to any defined standard, however, and maintenance of these public rights-of-way is entirely at the Selectboard’s discretion.

In some cases, a town may issue a MOU or official management policy for its Legal Trails, as is the case with the Town of Tunbridge.

Who determines how Legal Trails can be used? Are there times of the year when they can be closed to certain use? How are closures determined?

Are class 4 roads and Legal Trails eligible for state funding?

Are landowners liable if someone is injured while using town-managed trails?

Vermont Statute provides generous landowner liability protection against physical injury or property damage that occurs to those recreating on their land (203 V.S.A. § 5791-5795). The only exceptions to this blanket protection are if the landowner performs “wanton and willful misconduct” with the intent to cause damage or an injury, or if they charge for access to use their land. As the manager of a Legal Trail, a Town does not have any specific liability protection under state law, though some protection exists under sovereign and official immunity.

What is Act 178 and what does it have to do with Legal Trails?

How many miles of Legal Trails are in Vermont?

How can I find Legal Trails in my area?

What about other trails? Aren’t they legal, too?

The term ‘Legal Trail’ refers specifically to trails that follow the statutory definition listed above from the Vermont Agency of Transportation. There are thousands of miles of other trails in Vermont that exist legally and are open to the public. Some of these trails are on public land, including State lands, town forests, and the Green Mountain National Forest. Many others are on private land, often managed by VTGC Member organizations through voluntary partnerships with landowners. And in some cases public access to trails on private land is preserved in perpetuity through easements held by land trusts or trail stewardship organizations. All these trails are ‘legal,’ and underscore the importance of private landowner involvement in public-access recreation in Vermont.

Why is there currently a lot of attention on Legal Trails in Vermont?

Two landowners in Tunbridge have a Legal Trail, Orchard Road trail, on their property. They are challenging the town’s legal right to build, maintain, and repair the legal trail located on their property. As of fall 2024, the Orange County Superior Court and Vermont Superior Court are both involved with the issue. If a decision is made in the landowners’ favor, municipalities across the state could lose their right to manage legal trails and keep them safe and enjoyable for public use. Read the Vermont Public story here.

What is VTGC’s response to the current dispute?

Our primary mission is to ensure that people will always have access to the trails and landscape of Vermont. While we fiercely respect and defend the rights of private landowners, Legal Trails are established, pre-existing rights of way that are managed by local governments in the interest of their residents. The Council is confident that the Vermont Supreme Court will not only consider these facts of the case, but also carefully consider the long term implications and harm a ruling against the rights of towns to manage these public assets would produce. You can read our full statement here.

Resources

Vermont League of Cities and Towns (VLCT) has published a public response by Kail Romanoff, VLCT MAC Attorney I, about Legal Trails, specifically as it relates to the current Tubridge dispute.

VNRC Produced “Road and Trail Policies,” Community Strategies for Vermont’s Forests and Wildlife: A Guide for Local Action. Chapter 17, p. 63 includes relevant information.

Vermont Land Use Education and Training Collaborative produced a Roads & Highways document

Learn more about Ancient Roads legislation, which sunsetted in 2015, and related materials the state put together to support municipalities here.

The History and Law of Vermont Town Roads by Paul S. Gilles

The Public Right of Way and You by Paul S. Giles. Vermont Institute for Government

The Town of Tunbridge website includes documents related to their case, as well as other resources that are helpful in understanding the complexity of the issue.

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