This bill amends Chapter 37-6 of the General Laws to establish a framework for designating certain unimproved roads or paths as "special ways." These special ways, which are historically used for pedestrian or horse-drawn vehicle travel, are characterized by a narrow width, natural or dirt surface, and limited vehicular access. They will be preserved in their natural condition and subject to restrictions on paving, widening, and other developments to maintain their unique character. Participating entities, such as cities, towns, and state agencies, can designate these special ways through an ordinance or regulation adopted after a public hearing and majority vote. The bill outlines specific activities that may be regulated, including widening, paving, grading, obstruction, vegetation removal beyond ordinary maintenance, conversion to full vehicular roadway use, and interference with public access where public access rights lawfully exist. It also allows for the definition of boundaries that may include the traveled way and adjacent land, extending up to twenty feet on either side of the centerline of the special way.
Additionally, the bill amends Section 24-6-1 regarding the abandonment of highways or public roads by requiring that a city or town council must vote on whether to retain a public easement for pedestrian, recreational, conservation, or access purposes before declaring a highway abandoned. This ensures that public access rights are considered prior to abandonment. The act will take effect upon passage, providing a structured approach to the preservation of significant roads and paths while also addressing the process for abandonment by municipalities.
Statutes affected: 2704: 24-6-1