Claremont
The FHWA did suggest a number of alternatives to the city, including a parallel route along the Sugar River for OHVs, but all of the suggestions would involve additional costs.
The city’s argument for the waiver centered on the fact that the federal transportation enhancement funds used to buy the former rail bed in the late 1990s was used for acquisition, not construction. In recommending the waiver, New Hampshire Department of Transportation Commissioner Victoria Sheehan said there is nothing in federal law prohibiting motorized vehicles on transportation enhancement-funded trails, unless there is construction of bicycle and pedestrian facilities.
“FHWA rejects this argument,” wrote Patrick Bauer, New Hampshire division administrator with the FHWA office in Concord in a July 7 letter to Sheehan. “FHWA has always interpreted the law to prohibit motorized use on the (transportation enhancement)-acquired trails.”
Bauer also noted that the city’s original application and documentation said the intended use was for pedestrian and bicycle use, with winter snowmobile use.
“The application does not mention potential OHV use,” Bauer wrote.
He also said in his letter that under transportation enhancement activities “a state could preserve a railroad corridor and/or convert it to pedestrian and bicycle use. The definition did not include any motorized use as an eligible activity.
City Manager Guy Santagate realized early on it was going to be an uphill fight.
“I had asked for a copy of an application that had been approved and they told me ‘we never approved one.’ I was shocked,” Santagate said.
The city-owned portion of the trail runs from behind the community center on South Street and along Chestnut Street before crossing the Sugar River to Washington Street where it continues east past Home Depot. It then becomes the state-owned Sugar River Recreation Trail, which allows motorized vehicles, and goes to Newport.
ATV riders and others used the city trail to access other trails that take them to Newport, Unity and Cornish as well as the Arrowhead recreation area in Claremont. Without use of the trail, ATV riders will need to trailer their machines to access other trails.
Between 1999 and 2014, ATVs and other motorized vehicles used the trail until the state informed the city it was in violation of the terms of the $258,000 federal grant used to buy the former rail bed.
Bauer made note of some approaches the city could take, particularly on Washington Street. The FHWA noted that shoulders could be upgraded as bicycle lanes and there is room for sidewalks. The city could provide options for “bicyclists and pedestrians in the highway right-of-way and reduce conflict with OHV use,” Bauer wrote. Or, a plan could be devised to allow OHVs within the Washington Street right-of-way. Another possibility would be to review the legality of ATV use on road shoulders or city streets to connect to other trails.
In a separate letter to Taylor, William Watson, administrator with the Bureau of Planning and Community Assistance with the state DOT, said the city could pay back the $258,000 in federal funds and that would lift the restriction on OHVs.
“It would be the (City) Council’s call,” Santagate said on options suggested to resolve the problem. “But it is expensive stuff.”
Patrick O’Grady can be reached at pogclmt@gmail.com.
