SENATE CONCURRENT RESOLUTION 40

(By Senators Cline, Hamilton, Beach, Facemire, Hardesty, Pitsenbarger, Roberts, Rucker, Smith, Stollings, and Sypolt)

[Originating in the Committee on Natural Resources; reported February 18, 2020]

Requesting the Joint Subcommittee on Parks, Recreation, and Natural Resources study  establishing and expanding a statewide system of greenways and trails for recreational and conservation purposes.

Whereas, In order to recognize the benefits of the outdoor areas of West Virginia, and in order to conserve, develop, and use the natural resources of this state for healthful and recreational purposes, the purpose of this study is to determine the means and procedures for establishing and expanding a statewide system of greenways and trails for recreational and conservation purposes which will serve to implement the concepts of ecosystems management while providing, where appropriate, recreational opportunities, including, but not limited to, equestrian activities, hiking, bicycling, canoeing, kayaking, jogging, and historical and archaeological interpretation, thereby improving the health and welfare of the people; and

Whereas, The further purpose of this study is to determine the means and procedures for establishing a statewide system of greenways and trails to provide open space benefiting environmentally sensitive lands and wildlife and providing people with access to healthful outdoor activities; and

Whereas, The further purpose of this study is to determine the means and procedures to acquire or designate lands and waterways to facilitate the establishment of a statewide system of greenways and trails; to encourage the multiple use of public rights-of-way and use to the fullest extent existing and future scenic roads, highways, park roads, parkways, greenways, trails, and national recreational trails; to encourage the development of greenways and trails by counties, cities, special districts, and nongovernmental organizations to assist in such development by any means available; to coordinate greenway and trail plans and development by local governments with one another and with the state government and federal government; to encourage, whenever possible, the development of greenways and trails on federal lands by the federal government; and to encourage the owners of private lands to protect the existing ecological, historical, and cultural values of their lands, including those values derived from working landscapes; and

Whereas, The further purpose of this study is to determine the means and procedures for locating greenways and trails on public lands and waterways and, subject to the written agreement of the private landowner, on private lands, and to determine public access to same; and

 Whereas, The further purpose of this study is to determine the means and procedures for gathering information for the purpose of the identification of lands and waterways, both public and private, that are suitable for greenways and trails for the purposes of setting priorities for acquisition, planning, and management of public lands and waterways for use as greenways and trails; and identifying private lands which are eligible for designation as part of the greenways and trails system and are thereby eligible for incentives; and

Whereas, The further purpose of this study is to determine the means and procedures to authorize the Division of Natural Resources, together with other agencies of this state and all counties, municipalities, and special districts of this state, to spend public funds for purposes of planning, developing, operating, and maintaining the statewide greenways and trails system and to accept gifts and grants of funds, property, or property rights from public or private sources to be used for such purposes; and

Whereas, In recognition of the significant economic benefit of nature-based recreation and the contributions to the state’s economy that arise from the creation and completion of the Great Eastern Trail which connects to the Appalachian Trail and other trails and greenways throughout the state, the further purpose of this study is to determine the means and procedures to complete the establishment of the trail in a permanent location; to encourage all state, regional, and local agencies that acquire lands to include in their land-buying efforts the acquisition of enough legal interest in the lands over which the trail passes to ensure its continued existence in a permanent location; to consider the inclusion of private funds used to supplement the state’s contribution in its efforts to acquire fee or less-than-fee interests in lands that contain designated portions of the trail; to encourage private landowners to continue to allow the use of private property for trail purposes through existing and future incentives and liability protection; and; to encourage state and local agencies with economic and ecotourism development responsibilities to recognize the importance of the trail in bringing nature-based tourism to local communities along the trail route and to support acquisition and development activities for completion of the trail in a permanent location; and

Whereas, The further purpose of this study is to consider the compatibility of various uses of greenways and trails with one another and with the intended purposes of a piece of property; and

Whereas, The further purpose of this study is to determine the respective roles and responsibilities of existing state agencies and organizations, including but not limited to the Department of Natural Resources, the Department of Highways, the Department of Commerce, and subdivisions thereof, in establishing and managing a statewide system of greenways and trails; and

Whereas, The further purpose of this study is to determine the means and procedures for funding the statewide system of greenways and trails; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Subcommittee on Parks, Recreation, and Natural Resources is hereby requested to study establishing and expanding a statewide system of greenways and trails for recreational and conservation purposes; and, be it

Further Resolved, That the Joint Subcommittee on Parks, Recreation, and Natural Resources report to the regular session of the Legislature, 2021, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.