This bill amends Chapter 37-6 of the General Laws to establish a framework for designating certain unimproved roads, paths, and trails as "special ways." These special ways are defined as historically significant routes for pedestrian or horse-drawn vehicle travel, characterized by their narrow width, natural or dirt surface, limited vehicular access, and recognized for their scenic, historic, or cultural significance. The bill allows participating entities, such as cities, towns, state agencies, and quasi-public agencies, to designate these special ways through an ordinance or regulation adopted after a public hearing and by majority vote.

Designated special ways must be preserved in their natural condition, with restrictions on activities such as paving, widening, grading, obstruction, vegetation removal beyond ordinary maintenance, conversion to full vehicular roadway use, and interference with public access where public access rights lawfully exist. Participating entities may define the boundaries of a special way to include the traveled way and adjacent land, extending up to twenty feet on either side of the centerline as necessary for the ordinance's purposes.

The bill also allows for the continuation of preexisting vehicular use of a special way while permitting restrictions or prohibitions on new or expanded vehicular use where reasonable alternative access exists. It clarifies that the designation of a special way does not determine ownership of land or rights-of-way, grant or extinguish easements, or compel public access where none exists. Additionally, ordinances may regulate or prohibit vegetation removal, alteration of stone walls, and the placement of obstructions within a special way.

Furthermore, the bill amends Section 24-6-1 regarding the abandonment of highways or public roads by requiring a city or town council to vote on whether to retain a public easement for pedestrian, recreational, conservation, or access purposes before declaring a highway abandoned. This ensures that any potential public access rights are considered prior to abandonment. The act is set to take effect upon passage, providing a structured approach to the preservation of significant pathways while also addressing the process for highway abandonment.

Statutes affected:
7776: 24-6-1