CODE OF VIRGINIA

STATEWIDE SYSTEM OF TRAILS (§ 10.1-204)

A. As used in this section, unless the context requires a different
meaning:”Other power-driven mobility device” means any mobility
device powered by batteries, fuel, or other engines, whether or not designed
primarily for use by individuals with mobility disabilities, that is used by
individuals with mobility disabilities for the purpose of locomotion, including
golf cars, electronic personal assistive mobility devices (EPAMDs), or any
mobility device designed to operate in areas without defined pedestrian routes,
but that is not a wheelchair within the meaning of this
section.”Wheelchair” means a manually-operated or power-driven
device designed primarily for use by an individual with a mobility disability
for the main purpose of locomotion.

B. The Department is authorized to enter into such agreements and to acquire
interests as may be necessary to establish, maintain, protect, and regulate a
statewide system of trails in order to provide for the ever-increasing outdoor
recreational needs of an expanding population, and in order to promote public
access to, travel within, and enjoyment and appreciation of the outdoor,
natural, and remote areas of the Commonwealth. Notwithstanding any other
provision of law, the Department shall not develop, establish, or extend any
system of trails, including linear parks or greenways, in any county having the
county manager form of government, unless it has submitted to the appropriate
local agency, commission, or board, a plan of development, where such plan is
required by local ordinance, for the proposed system of trails.

C. The statewide system of trails shall be composed of:

   1.  Scenic trails so located as to provide maximum potential for the
   appreciation of natural areas and for the conservation and enjoyment of the
   significant scenic, historic, natural, ecological, geological, or cultural
   qualities of the areas through which such trails may pass;

   2.  Recreation trails to provide a variety of outdoor recreation uses in or
   reasonably accessible to urban areas; and

   3.  Connecting trails or side trails to provide additional points of public
   access to recreation trails or scenic trails, or to provide connections
   between such trails, or to provide access from urban areas to major outdoor
   recreation sites.

D. Each trail shall be limited to foot, horse, or nonmotorized bicycle use, or a
combination thereof, as deemed appropriate by the Department. The use of
motorized vehicles by the public shall be prohibited along any of the scenic,
recreation, or connecting or side trails. This statewide system of trails may
contain, at the discretion of the Department, camping sites, shelters, and
related public-use and management facilities, which will not substantially
interfere with the nature and purposes of the trails.

E. Nothing in this section shall be construed to prohibit the Department from
(i) allowing the use of wheelchairs or other power-driven mobility devices by
disabled individuals on the statewide system of trails or (ii) requiring a user
of an other power-driven mobility device to provide a credible assurance that
the mobility device is required because of the person’s disability, in
accordance with the federal Americans with Disabilities Act of 1990 (P.L.
101-336, 104 Stat. 327) and other applicable state and federal
laws.Notwithstanding any provision to the contrary, the Department is authorized
to permit, in accordance with applicable state and federal laws, the operation
of electric power-assisted bicycles and electric personal assistive mobility
devices as defined in § 46.2-100 on any bicycle path or trail designated by the
Department for such use.

HISTORY: 1971, Ex. Sess., c. 136, § 10-21.3:1; 1972, c. 413; 1984, cc. 739,
750; 1988, c. 891; 1993, c. 755; 2012, c. 598.