DRAFT - December 17, 2004
“Woods Road Access and Maintenance Program”
In response to problems observed in the Greenville area which are echoed elsewhere in the Maine Woods, I have drafted the following draft program. The problems come from the use of traditional woods roads as access roads to recreational areas, to seasonal camps, and to year round residences. The uses of these roads previously as roads for commercial harvesting of timber and access to recreational areas were typically compatible. As more camps are built, as more seasonal camps are converted to year-round residences, as more recreational uses of the Maine Woods are promoted, the uses of these roads expand and become incompatible.
Legal issues and financial issues threaten to eliminate access over many of these roads. Overuse of the roads by vehicular traffic, especially during mud season, causes damage and subsequent expense to the landowner. More use by the public threatens more personal injury, especially when ATVs, Snowmobiles, pedestrians, and motor vehicles are all vying for the same section of road. Landowners become concerned that they will be held liable for injury to passersby or damage to vehicles.
Many of these woods roads / camp roads have undefined ownership. In some cases, the Civilian Conservation Corps (CCCs) built the road. In other cases, timber companies built the road. In still other cases, the road was built as part of a subdivision plan decades earlier, or were early county roads. Landowners typically maintain them at their own expense, and property owner associations typically form to collect dues for annual road maintenance costs. Damage to roads, upkeep of roads, and potential liability for public use of these roads are all common concerns to these owners or potential owners.
To respond to this problem, I offer the following concept. It is only a concept offered here for consideration by the Governor's Task Force for Traditional Uses and Access to Land in Maine.
“Woods Road Access and Maintenance Program”
- Voluntary program for road owners to enter into with the State of Maine.
- State would enter into agreement with road owners to achieve public / recreational access over the road in exchange for assistance with capital costs for maintaining the road, and also for protection from liability. This would be done by:
- Ownership of road would be defined.
- Owners would submit to the State a request to have this defined section of road entered into the program.
- Goals for use of the road would be defined, i.e., commercial uses, landowner uses, public uses, recreational uses (including Snowmobiles, ATVs, mountain bikes, pedestrians, etc.). This would become part of the management plan.
- Winter and summer road maintenance would be defined to match with the stated uses for the road system. Responsible parties – landowners – would continue to pay to maintain the road following this maintenance plan, which would become part of the management plan.
- Scoring system would be established to set prioritization for the road system, considerate of the value to the public. Higher uses would be funded first.
- State would offer to assume ownership of the road for liability purposes, or assume a public easement over the road which would absolve the landowner of all possible liability for uses identified in the management plan.
- State would offer a per-mile rate to reimburse these landowners for capital costs to improve this road consistent with the management plan. This would be done in a manner similar to the MDOT's Local Road Assistance Program (it has a new name which I cannot recall here now). These funds would be sent to the owners of the road, who would have to agree to use these funds solely for capital project upgrades on the road, such as culvert replacement, geotextile fabric and gravel application, bridge repairs, parking areas, railroad crossings, etc. This is the same arrangement municipalities have now with the State of Maine through the MDOT LRAP.
- These funds would be made available from gas tax proceeds from both on-road and off-road sources (i.e, motor vehicles and recreational vehicles). No recreational vehicle gax tax proceeds would be used for roads which do not allow recreational vehicle usage as part of their management plan.
- The plan would have a set term; the State would only fund a given road for so long as the owners abide by the management plan.
- A tiered system should be established to create greater financial incentive for roads which are managed with the most public benefit. This could be defined through recreational venues accessed; types of recreation allowed (i.e., ITS trail in winter, public road in summer); how many seasons of use the road management plan allows, etc.
- Entry into this program would always be voluntary.
Respectfully Submitted;
John Simko
Town Manager, Greenville
Task Force Member, Governor's Task Force for Traditional Uses and Access to Land in Maine
December 17, 2004
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