Resolve, to Direct the Department of Transportation to Implement the Recommendations of the Portland to Auburn Rail Use Advisory Council

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 511
S.P. 229 In Senate, February 11, 2025
Resolve, to Direct the Department of Transportation to Implement
the Recommendations of the Portland to Auburn Rail Use Advisory
Council
Received by the Secretary of the Senate on February 7, 2025. Referred to the Committee
on Transportation pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DUSON of Cumberland.
Cosponsored by Representative BELL of Yarmouth and
Senators: BICKFORD of Androscoggin, President DAUGHTRY of Cumberland, FARRIN of
Somerset, PIERCE of Cumberland, Representatives: GRAHAM of North Yarmouth, KUHN of
Falmouth.

Page 1 - 132LR1218(01)
1Preamble. Whereas, the State Railroad Preservation and Assistance Act requires
2 the Department of Transportation to seek legislative approval for any conversion of a
3 state-owned rail corridor in which the department controls the right-of-way to a nonrail
4 recreational or nonrecreational transportation use; and
5Whereas, Public Law 2021, chapter 239 enacted the Maine Revised Statutes, Title
6 23, section 75, which gives the Commissioner of Transportation the authority to establish
7 a rail corridor use advisory council upon petition of one or more governmental entities; and
8Whereas, the Department of Transportation received letters of support from all
9 communities along the section of the state-owned rail corridor known as the Berlin
10 Subdivision from the City of Portland to the town line between the City of Auburn and the
11 Town of New Gloucester requesting the formation of a rail corridor use advisory council;
12 and
13Whereas, the Portland to Auburn Rail Use Advisory Council convened and met for 9
14 months in 2022 and early 2023; and
15Whereas, the Portland to Auburn Rail Use Advisory Council voted to recommend the
16 interim conversion of the existing railroad track to a gravel, stone dust or paved bicycle and
17 pedestrian trail; and
18Whereas, the State Railroad Preservation and Assistance Act further requires that,
19 once the Commissioner of Transportation receives a report from a rail corridor use advisory
20 council that includes a recommendation of track removal or other change for interim
21 nonrail use and the commissioner concurs with that recommendation, the commissioner
22 seek legislative approval of the recommendation by submitting legislation to the joint
23 standing committee of the Legislature having jurisdiction over transportation matters prior
24 to the track removal or other change for interim nonrail use; and
25Whereas, any track removal or other change for nonrail use is considered interim in
26 nature and rail corridors are to be preserved for future rail use as provided under the State
27 Railroad Preservation and Assistance Act; now, therefore, be it
28Sec. 1. Trail construction on Berlin Subdivision. Resolved: That, based on the
29 majority recommendation of the Portland to Auburn Rail Use Advisory Council and
30 pursuant to the Maine Revised Statutes, Title 23, section 7107, the Department of
31 Transportation shall, subject to available funding resources, permitting and municipal
32 agreements, remove state-owned inactive existing railroad track along the section known
33 as the Berlin Subdivision between the City of Portland and the City of Auburn, from a point
34 north of the swing bridge at Back Cove in Portland at or near mile marker 1.7 to mile
35 marker 26.5 in Auburn, and replace the track with an interim bicycle and pedestrian trail
36 surfaced with pavement or gravel or stone dust on the existing rail bed.
37SUMMARY
38 This resolve directs the Department of Transportation, subject to available funding
39 resources, permitting and municipal agreements, to remove state-owned inactive existing
40 railroad track along the section known as the Berlin Subdivision between the City of
41 Portland and the City of Auburn and to replace the track with an interim bicycle and
42 pedestrian trail surfaced with pavement or gravel or stone dust on the existing rail bed.
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