                                 CODE OF VIRGINIA

ESTABLISHMENT, PROTECTION AND MAINTENANCE OF APPALACHIAN TRAIL (§ 10.1-203)

A. The Appalachian Trail shall be developed and administered primarily as a
footpath, consonant with the provisions of the National Trails Systems Act
applicable to the Appalachian Trail as part of the National Scenic Trails
System, and its natural scenic beauty shall be preserved insofar as is
practicable. The use of motorized vehicles by the general public along the trail
is prohibited, and violation of this prohibition shall constitute a Class 1
misdemeanor. However, the owner of private land over which the trail passes may
use or authorize use of motorized vehicles on or across the trail for purposes
incident to ownership and management of the land and the Department may
authorize use of the trail by motorized emergency vehicles. The Department may
permit other uses of the trail and land acquired hereunder, by the owner of
adjoining land or others, in a manner and for purposes that will not
substantially interfere with the primary use of the trail. Furthermore, the
Department may grant temporary or permanent rights-of-way across lands acquired
under this section, under terms and conditions deemed advisable. Nothing in this
section shall limit the right of the public to pass over existing public roads
which are part of the trail, or prevent the Department from performing work
necessary for forest fire prevention and control, insect, pest and disease
control, and the removal of damage caused by natural disaster. The Department
may enter into cooperative agreements with agencies of the federal government or
with private organizations to provide for the maintenance of the trail. A person
who has granted a right-of-way for the trail across his land, or his successor
in title, shall not be liable to any user of the trail for injuries suffered on
that portion of the trail unless the injuries are caused by his willful or
wanton misconduct.

B. The Department is authorized to (i) enter into written cooperative agreements
with landowners, private organizations and individuals and (ii) acquire by
agreement, gift or purchase land, rights-of-way and easements for the purpose of
establishing, protecting and maintaining a walking trail right-of-way across the
Commonwealth, under such terms and conditions, including payment by the
Department of property taxes on trail lands or property so acquired or subject
to such use, as shall protect the interests of the actual or adjacent landowners
or land users and as shall further the purposes of this section. Any department
or agency of the Commonwealth, or any political subdivision, may transfer to the
Department land or rights in land for these purposes, on terms and conditions as
agreed upon, or may enter into an agreement with the Department providing for
the establishment and protection of the trail.

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