The Fayston Planning Commission will revisit proposed land use regulations that dictate standards for trail construction on public and private lands, in particular the use of the word “shall” to describe how trails are to be created and maintained.
The matter comes back to the planning commission at a joint meeting with the town select board on August 11 at 5:30 p.m. There is a Zoom link for the meeting on the town’s website.
At a well-attended meeting in July, the planning commissioners heard from town residents, recreation advocaters and others about the new language that requires that trail construction and upkeep “shall” be done in accordance with state standards and practices as articulated at the Vermont Agency of Natural Resources website.
Generally, in zoning the word “shall” carries legal import, as opposed to the word “should.” Some of those present objected to “shall” and further objected to being asked to maintain private trails on their private land to public standards.
Per state regulations, the commission needs to hold one or more public hearings about proposed changes to land use regulations, accepting or rejecting public recommendations, then the commissioners finalize their work before sending it to the select board. That board must also hold a public hearing on the proposed changes.
