APPROVED CHAPTER
JUNE 20, 2025 96
BY GOVERNOR RESOLVES
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 47 - L.D. 30
Resolve, to Direct the Department of Transportation to Implement the
Recommendations of the Portland to Auburn Rail Use Advisory Council
Preamble. Whereas, the State Railroad Preservation and Assistance Act requires
the Department of Transportation to seek legislative approval for any conversion of a
state-owned rail corridor in which the department controls the right-of-way to a nonrail
recreational or nonrecreational transportation use; and
Whereas, Public Law 2021, chapter 239 enacted the Maine Revised Statutes, Title
23, section 75, which gives the Commissioner of Transportation the authority to establish
a rail corridor use advisory council upon petition of one or more governmental entities; and
Whereas, the Department of Transportation received letters of support from all
communities along the section of the state-owned rail corridor known as the Berlin
Subdivision from the City of Portland to the town line between the City of Auburn and the
Town of New Gloucester requesting the formation of a rail corridor use advisory council;
and
Whereas, the Portland to Auburn Rail Use Advisory Council convened and met for 9
months in 2022 and early 2023; and
Whereas, the Portland to Auburn Rail Use Advisory Council voted to recommend the
interim conversion of the existing railroad track to a gravel, stone dust or paved bicycle and
pedestrian trail; and
Whereas, the State Railroad Preservation and Assistance Act further requires that,
once the Commissioner of Transportation receives a report from a rail corridor use advisory
council that includes a recommendation of track removal or other change for interim
nonrail use and the commissioner concurs with that recommendation, the commissioner
seek legislative approval of the recommendation by submitting legislation to the joint
standing committee of the Legislature having jurisdiction over transportation matters prior
to the track removal or other change for interim nonrail use; and
Whereas, any track removal or other change for nonrail use is considered interim in
nature and rail corridors are to be preserved for future rail use as provided under the State
Railroad Preservation and Assistance Act; now, therefore, be it
Page 1 - 132LR0133(03)
 Sec. 1. Trail construction on Berlin Subdivision. Resolved: That, based on the
majority recommendation of the Portland to Auburn Rail Use Advisory Council and
pursuant to the Maine Revised Statutes, Title 23, section 7107, the Department of
Transportation shall, subject to available funding resources, permitting and municipal
agreements, remove state-owned inactive existing railroad track along the section known
as the Berlin Subdivision between the City of Portland and the City of Auburn, from a point
north of the swing bridge at Back Cove in Portland at or near mile marker 1.7 to mile
marker 26.5 in Auburn, and replace the track with an interim bicycle and pedestrian trail
surfaced with pavement or gravel or stone dust on the existing rail bed.
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