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New England Land Use Laws and Regulations by State

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New England Land Use Laws and Regulations by State

Postby Scott Hatch » Tue Mar 01, 2005 12:02 pm

CONNECTICUT

There are no statutes or regulations in CT regarding full size OHV use. There are designated snow mobile trails and new DEP regulations for ATV use but land has yet to be designated for ATV use (an organized group will need to put together a proposal for this to be done).

This is a portion of the Recreational Land Use Act, Conn. Gen. Stat. ?? 52-557f, et seq.

? 52-557f. Landowner liability for recreational use of land. Definitions. As used in sections 52-557f to 52-557i, inclusive:
(1) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;
(2) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(3) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises;
(4) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning and viewing or enjoying historical, archaeological, scenic or scientific sites.

? 52-557g. Liability of owner of land available to public for recreation; exceptions.
(a) Except as provided in section 52-557h, an owner of land who makes all or any part of the land available to the public without charge, rent, fee or other commercial service for recreational purposes owes no duty of care to keep the land, or the part thereof so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on the land to persons entering for recreational purposes.
(B) Except as provided in section 52-557h, an owner of land who, either directly or indirectly, invites or permits without charge, rent, fee or other commercial service any person to use the land, or part thereof, for recreational purposes does not thereby: (1) Make any representation that the premises are safe for any purpose; (2) confer upon the person who enters or uses the land for recreational purposes the legal status of an invitee or licensee to whom a duty of care is owed; or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of the owner.
? Unless otherwise agreed in writing, the provisions of subsections (a) and (B) of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.

? 52-557i. Obligation of user of land.
Nothing in sections 52-557f to 52-557i, inclusive, shall be construed to relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of said sections to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.

? 52-557h. Owner liable, when.
Nothing in sections 52-557f to 52-557i, inclusive, limits in any way the liability of any owner of land which otherwise exists: (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

? 52-557j. Liability of landowner upon whose land snowmobiles, all-terrain vehicles, motorcycles, minibikes or minicycles are operated.
No landowner may be held liable for any injury sustained by any person operating a snowmobile, all-terrain vehicle, as defined in section 14-379, motorcycle or minibike or minicycle, as defined in section 14-1, upon the landowner's property or by any passenger in the snowmobile, all-terrain vehicle or motorcycle, minibike or minicycle, whether or not the landowner had given permission, written or oral, for the operation upon his land unless the landowner charged a fee for the operation, or unless the injury is caused by the wilful or malicious conduct of the landowner.

MAINE

14 MRSA 159
A Limited Liability for Recreational or Harvesting Activities. (Public Law 622)

1. Definitions.

As used in this section, unless the context indicates otherwise, the following terms shall have the following meanings.

A. "Premises" means improved and unimproved lands, private ways, roads, any buildings or structures on those lands and waters standing on, flowing through or adjacent to those lands.

B. "Recreational or harvesting activities" means recreational activities conducted out of doors, including, but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. "Recreational or harvesting activities" does not include commercial agricultural or timber harvesting.


2. Limited duty.
An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises.


3. Permissive use.
An owner, lessee, manager, holder of an easement or occupant who gives permission to another to pursue recreational or harvesting activities on the premises does not thereby:

A. Extend any assurance that the premises are safe for those purposes;

B. Make the person to whom permission is granted an invitee or licensee to whom a duty of care is owed; or

C. Assume responsibility or incur liability for any injury to person or property caused by an act of persons to whom the permission is granted.


4. Limitations on section.
This section does not limit the liability that would otherwise exist:

A. For a willful or malicious failure to guard or to warn against a dangerous condition, use, structure, or activity;

B. For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the following:

(1) The landowner or the landowner's agent by the State; or

(2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or

C. For an injury caused, by acts of persons to whom permission to pursue any recreational or harvesting activities was granted, to other persons to whom the person granted permission, or the owner, lessee, manager, holder of an easement or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.


5. No duty created.
Nothing in this section creates a duty of care or ground of liability for injury to person or property.


6. Costs and fees.
The court shall award any direct legal costs, including reasonable attorneys' fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section.


MASSACHUSETTS

The following abstracts summarize some important Massachusetts recreation vehicle laws as of August 2001. For the complete law refer to Massachusetts General Law, Chapter 90B (Sections 20-35) and 323 Code of Massachusetts Regulations 3.00, available in booklet form.

Recreation Vehicle-Defined
Any motor vehicle designed or modified for use over unimproved terrain, if used for recreation or pleasure off a public way. Also, includes all legally registered motor vehicles when used off a public way. Any motor vehicle registered under Chapter 90 will not be subject to registration under Chapter 90B, but must display a current motor vehicle registration.

Prohibited Operation: The following are examples of prohibited operation
? Operating under the influence of drugs and alcohol.
? Operating on public ways or upon the right-of-way limits of a controlled access highway.
? Failure to come to a complete stop when crossing a public way (must yield to motor vehicle traffic). No person under 16? years of age shall operate across a public way.
? Operating so as to endanger any person or property.
? Operating at an unreasonable, improper, and unsafe speed for existing conditions.
? Operating on land of another without permission of the owner. (Permission may be given to an individual or group).
? Operating within 150 feet of an occupied residence without permission of the owner.
? Operating on an ocean beach or sand dune in a manner so as to destroy, damage or break down any beach, dune or dune grass.
? Operating in a manner so as to harass or chase wildlife or domestic animals.
? Operating on a wetland such as a bog, marsh, or swamp so as to destroy or damage the wetland, if such area has been designated and posted as a protected wetland area.
? Operating in Wildlife Mangagement Areas.

Trail Etiquette
Observing trail etiquette is important, particularly when trails are heavily used. Whenever possible all recreation vehicles shall keep to the right side of trails. Please stay within the trail corridor and respect adjacent private and public land. When passing hikers, horseback riders, and other such trail users, operators shall reduce speed, yield right-of-way, and not pass until it can be accomplished with complete safety. Operators shall not accelerate until beyond 50 feet of such trail users.

Registration, Decals and Trail Permits
? Recreation vehicles operated on public or private property must be registered through the Commonwealth of Massachusetts, except if used solely on land owned by the operator. Out-of-state recreation vehicle registrations are not valid in Massachusetts.
? The registration certificate shall be in possession for examination by a law enforcement officer or landowner.
? The registration plate shall be displayed on the back of each recreation vehicle.
? For further registration information call (617) 626-1610.

MA Hold Harmless Law:

Massachusetts Recreational Use Statute
MASSACHUSETTS GENERAL LAWS
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE II. EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
CHAPTER 21. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF WATER RESOURCES


? 17C. Public use of land for recreational, conservation, scientific educational and other purposes; landowner's liability limited; exception

(a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of wilful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person.

(b) The liability of any person who imposes a charge or fee for the use of his land by the public for the purposes described in subsection (a) shall not be limited by any provision of this section. The term "person" as used in this section shall be deemed to include the person having an interest in the land, his agent, manager, or licensee and shall include without limitation, any governmental body, agency or instrumentality, nonprofit corporation, trust or association, and any director, officer, trustee, member, employee or agent thereof. A contribution or other voluntary payment not required to be made to use such land shall not be considered a charge or fee within the meaning of this section.

MA OHV Definition:
http://www.mass.gov/legis/laws/mgl/90b-20.htm

MA Landowner Permission Required:
http://www.mass.gov/legis/laws/mgl/90b-26.htm

NEW HAMPSHIRE:


The following abstracts summarize some important New Hampshire Off Highway Recreational Vehicle Laws (OHRV)

POSTED LAND (RSA 215-A:34)
Landowners are NOT REQUIRED to post their property against OHRV use. The absence of signs prohibiting OHRV's does not imply that OHRV's are welcome or allowed.

DUTY OF CARE (RSA 212:34)
Landowners are NOT responsible to keep their land safe for use by others who may hunt, fish, trap, camp, hike, sightsee or operate OHRV's.

LANDOWNER PERMISSION (RSA 215-A:29)
Written landowner permission is required to operate an OHRV on private property. OHRV Clubs and the Bureau of Trails may obtain verbal permission from landowners for public OHRV Trails. OHRV operates must stop and present identification to a landowner when requested to do so.

Signs & Trail Markers (RSA 215-A:33)
They are established for safety. A great deal of time and money is spent to erect signs. It is illegal to remove, destroy, deface or obstruct signs and markers on trails or private property. Violation of this section is a misdemeanor.

Alcohol/Drugs (RSA 215-A:11)
It is illegal to operate or attempt to operate any OHRV while under the influence of alcohol concentration greater than .08%. Penalties for OHRV DWI and procedures for testing correspond with Motor Vehicle DWI.

Criminal Trespass (RSA 635:2)
A Person is guilty of criminal trespass if, knowing that he/she is not licensed or privileged to do so, he/she enters or remains in any place.

Fines And Penalties:
Any individual found in violation of these statues, is subject to the following:
? Verbal/Written Warning of Offense
? Motor Vehicle Violation
? Fines/Impoundment of Vehicle
? Criminal Charges
? Incarceration

RHODE ISLAND

Here are potentially-relevant Land Use Laws from the RI General Statutes:

http://www.rilin.state.ri.us/Statutes/Statutes.html

CHAPTER 11-44
Trespass and Vandalism

SECTION 11-44-26

?? 11-44-26 Willful trespass ?? Remaining on land after warning ?? Exemption for tenants holding over. ?? (a) Every person who willfully trespasses or, having no legitimate purpose for his or her presence, remains upon the land of another or upon the premises or curtilage of the domicile of any person legally entitled to the possession of that domicile, after having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a person legally entitled to the possession of the premises, shall be punished by a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or both.

SECTION 11-44-30
?? 11-44-30 Posting of signs ?? Types. ?? Whenever any signs are required to be posted to indicate no trespassing, shooting, trapping, fishing, or the like, it shall be sufficient to post the land conspicuously with clear and legible signs which signs can be affixed with cloth, metal, or paperboard, or by conspicuously stencil-painting the word "Posted."


TITLE 24
Highways
CHAPTER 24-2
Highways by Grant or Use


SECTION 24-2-1
?? 24-2-1 Creation of public highways by use. ?? All lands which have been or shall be quietly, peaceably, and actually used and improved and considered as public highways for the space of twenty (20) years, and which shall be declared by the town council of the town wherein they lie to be public highways, shall be taken and considered as public highways to all intents and purposes as fully and effectually as if the lands had been regularly laid out, recorded and opened by the town council of the town where the lands may lie.

SECTION 24-2-8
?? 24-2-8 Acceptance and opening of highway on land specially granted. ?? Except as otherwise provided by special act concerning particular cities and towns, whenever the owner of any land shall make a deed thereof to the town in which the land lies, for the especial purpose of being used and improved as a public highway, and the deed shall have been duly acknowledged and recorded, the land shall be thenceforward a public highway to all intents and purposes, and be liable to be opened by the town council of the town where the land shall lie, in the same manner as highways which are laid out by the town council; but no town shall be liable to repair a highway, until the town council thereof shall decree and order that the highway shall be repaired at the expense of the town.

SECTION 24-2-9
?? 24-2-9 Common law rights and remedies preserved. ?? Nothing contained in this chapter shall be so construed as to hinder or prevent the public from acquiring, by dedication or user, lands or any interests in lands for highways or other public uses, according to the course of the common law, or to take away or abridge any legal or equitable remedy by the common or the general law provided in cases of injuries to, or obstructions to, the enjoyment of lands, or in any interest in lands thus or otherwise by law acquired by the public, or devoted to public uses.

CHAPTER 24-6
Abandonment By Towns

SECTION 24-6-1

?? 24-6-1 Order of abandonment ?? Reversion of title ?? Notice. ?? (a) Whenever, by the judgment of the town council of any town, a highway or driftway in the town, or any part of either, has ceased to be useful to the public the town council of the town is authorized so to declare it by an order or decree which shall be final and conclusive; and thereupon the title of the land upon which the highway or driftway or part thereof existed shall revert to its owner, and the town shall be no longer liable to repair the highway or driftway; provided, however, that the town council shall cause a sign to be placed at each end of the highway or driftway, having thereon the words "Not a public highway", and after the entry of the order or decree shall also cause a notice thereof to be published in a newspaper of general circulation, printed in English at least once each week for three (3) successive weeks in a newspaper circulated within the city or town and a further and personal notice shall be served upon every owner of land abutting upon that part of the highway or driftway which has been abandoned who is known to reside within this state but nothing contained in this chapter shall in any manner affect any private right-of-way over the land so adjudged to be useless as a highway or driftway, if the right had been acquired before the taking of the land for a highway or driftway. Provided, however, that the town of Coventry and any community with a population of not less than one hundred thousand (100,000), receiving a request for the abandonment of a highway or driftway from an abutting property owner, may sell the highway or driftway to the abutting owner at fair market value; and provided, further, that the town of North Providence, upon receiving a request for the abandonment of a highway or driftway from an abutting property owner may sell the highway or driftway to the abutting owner at fair market value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to an abutting owner would result in the creation of a new lot which would be in compliance with the minimum area requirement for construction of a building which is a permitted use, may sell the highway or driftway to the abutting owner at fair market value.
(B) Provided further that nothing in this section shall apply to private ways regardless of their use or maintenance thereof by any municipal corporation.

SECTION 24-6-5
?? 24-6-5 Abandonment by non-use. ?? Notwithstanding the foregoing provisions of this chapter, when a public way of any kind in the town of Glocester has ceased to be used by the public and maintained by the town of Glocester for a period of twenty (20) years or more it shall be deemed abandoned and the abutting landowners shall not be entitled to recover damages against the city or town. Upon such abandonment the abutting landowners shall have a private right of access to their land along the abandoned way.

TITLE 32
Parks and Recreational Areas
CHAPTER 32-1
General Provisions

SECTION 32-1-3

?? 32-1-3 Acquisition of land ?? Riparian rights ?? Control of land use. ?? To more effectually carry out the purposes of this chapter and chapter 2 of this title, the department of the environment may acquire by purchase, gift, devise, or condemnation, lands, easements, rights, and interests in land for a park, recreation ground, or bathing beach in any part of the state, whether that property is situate in the cities or towns in which its powers may be exercised under the provisions of ?? 32-2-1, or is situate in any other city or town; provided, that all property other than tide-flowed lands acquired by condemnation shall remain subject to all rights of riparian proprietors on any waters bordering upon the property, that no riparian rights shall be taken, destroyed, impaired, or affected by the condemnation, that all riparian proprietors shall have the right to continue to maintain, repair, or reconstruct dams and their appurtenances now existing on the waters bordering upon that property and for this purpose to enter upon that property, restoring it after repair or reconstruction to its previous condition as nearly as may be, and shall continue to enjoy the same rights of flowage with respect to that property which the riparian proprietors have heretofore used and enjoyed. Subject to the foregoing provisions of this section, the department may use, or permit the use of property, acquired by it under the provisions of this section and the waters bordering thereon, for bathing, boating, fishing, and skating, and shall have the same authority, supervision, and control over that property as it has over other property acquired by the department under other provisions of this chapter or any other law.


SECTION 32-1-19

?? 32-1-19 Ten Mile River state park ?? Regulation of use and vehicles ?? Penalties for violations. ?? No person shall stop, stand, or park any vehicle within the Ten Mile River state park between the hours of eleven p.m. (11:00 p.m.) and six a.m. (6:00 a.m.), nor shall any person enter or remain upon the premises of the Ten Mile River state park during those hours. No person shall operate, or be in actual physical control of, any motorcycle, motor scooter, or other motor driven cycle within the Ten Mile River state park except within the area designated for their use or parking. Every person convicted of any violation of this section shall be punishable by a fine of not less than five dollars ($5.00) nor more than one hundred and fifty dollars ($150) or by imprisonment for not more than ten (10) days.


CHAPTER 32-6
Public Use of Private Lands??Liability Limitations

SECTION 32-6-1

?? 32-6-1 Purpose of chapter. ?? The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability to persons entering thereon for those purposes.

SECTION 32-6-2
?? 32-6-2 Definitions. ?? As used in this chapter:
(1) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;
(2) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(3) "Owner" means the private owner possessor of a fee interest, or tenant, lessee, occupant, or person in control of the premises including the state and municipalities;
(4) "Recreational purposes" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and
(5) "User" means any person using land for recreational purposes.

SECTION 32-6-3
?? 32-6-3 Liability of landowner. ?? Except as specifically recognized by or provided in ?? 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon that person the legal status of an invitee or licensee to whom a duty of care is owed; nor
(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act of omission of that person.

SECTION 32-6-4
?? 32-6-4 Land leased to state. ?? Unless otherwise agreed in writing, the provisions of ?? 32-6-3 and this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision or agency thereof or land which the state or any subdivision or agency thereof possesses an easement for recreational purposes.

SECTION 32-6-5
?? 32-6-5 Limitation on chapter. ?? (a) Nothing in this chapter limits in any way any liability which, but for this chapter, otherwise exists:
(1) For the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user's peril; or
(2) For any injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for that lease shall not be deemed a "charge" within the meaning of this section.
(B) When the coastal resources management council designates a right-of-way as part of its designation process as specified in ?? 46-23-6(5), or when the coastal resources management council stipulates public access as a condition of granting a permit, the landowner automatically will have "limited liability" as defined in this chapter, except as specifically recognized by or provided in this section.

SECTION 32-6-6
?? 32-6-6 Construction of chapter. ?? Nothing in this chapter shall be construed to:
(1) Create a duty of care or ground of liability for an injury to persons or property;
(2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this chapter to exercise care in his use of that land and in his or her activities thereon, or from the legal consequences of the failure to employ that care; or
(3) Create a public or prescriptive right or easement running with the land.


CHAPTER 45-23.1
Mapped Streets

SECTION 45-23.1-1

?? 45-23.1-1 Establishment of official maps. ?? The city or town council of any city or town having a plan commission established pursuant to chapters 22 and 23 of this title or pursuant to any special act applicable to certain cities or towns, is authorized and empowered to establish an official map of the city or town identifying and showing the location of the streets of the city or town existing and established by law as public streets and the exterior lines of other streets deemed necessary by the city or town council for sound physical development. A public hearing in relation to the map shall precede the adoption, at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days' notice of a public hearing shall be published in a newspaper of general circulation in the city or town. Before adoption of the ordinance, the city or town council shall refer the matter to the plan commission for a report on the map, but if the plan commission does not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived. The city or town council shall certify the fact of the establishment of an official map to the city or town recorder.

SECTION 45-23.1-1.1
?? 45-23.1-1.1 Establishment or opening of streets not implied. ?? (a) The placing of any street or street line upon the official map does not in and of itself constitute nor is it deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes; provided, that in the town of North Kingstown, regularly performed maintenance by the town, upon any paved mapped street of at least forty feet (40') in width, for a period of not less than twenty (20) years, constitutes the opening or establishment of a street as a public way.
(B) For the purposes of this section the term "regularly performed maintenance" is construed to include snow plowing and salting and sanding operations, and any type of repair work regularly undertaken by the city or town.

SECTION 45-23.1-2
?? 45-23.1-2 Additions and changes. ?? (a) A city or town council is authorized and empowered to make, from time to time, additions to or modifications of the official map by placing on it the exterior lines of planned new streets or street extensions, widenings, narrowings, or vacations.
(B) No changes become effective until after a public hearing in relation to the changes, at which parties in interest and citizens shall have an opportunity to be heard.
? At least ten (10) days' notice of a public hearing shall be published in a newspaper of general circulation in the city or town.
(d) Before making additions or changes, the city or town council shall refer the matter to the plan commission for a report, but if the plan commission shall not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed to be waived.
(e) The locating, widening, or closing, or the approval of the locating, widening, or closing of streets by the city or town, under provisions of law other than those contained in this chapter, are deemed to be changes or additions to the official map, and are subject to all the provisions of this chapter except provisions relating to public hearing and referral to the plan commission.

CHAPTER 45-36
Conservation of Open Spaces

SECTION 45-36-1

?? 45-36-1 "Open space" defined. ?? When used in this chapter "open space" means any space or area, the preservation or restriction of the use of which would:
(1) Maintain or enhance the conservation of natural or scenic resources,
(2) Protect natural streams or water supply,
(3) Promote conservation of soils, wetlands, beaches, or tidal marshes,
(4) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open areas and open spaces,
(5) Afford or enhance public recreation opportunities,
(6) Preserve historic sites,
(7) Implement the recreation and open space plan adopted by the planning commission of the city or town, or
(8) Promote orderly urban or suburban development.


SECTION 45-36-2
?? 45-36-2 Conservation of open spaces. ?? Any city, subject to the approval of its council, or any town, subject to the approval of the town council and financial town meeting, if it has one, may by purchase, bequest, gift, grant, devise, or lease, acquire land and improvements on it, rights of way, water riparian and other rights, easements, conservation easements, scenic easements, privileges, present and future estates, and interests of any kind or description in real property; and may enter into covenants and agreements with owners of land and owners of interests in land to maintain, improve, protect, and limit the future use of or otherwise conserve open spaces; and may enter into agreements or compacts with any other city or town for any purposes; provided, if an open space is to be acquired by the expenditure of public funds, the city or town shall, prior to the expenditure, obtain from the department of environmental management a statement, in writing, that the open space is not desired by the department for open space purposes.

NEW YORK

New York State Consolidated Laws
General Obligations Law
ARTICLE 9 - TITLE 1
CONDITIONS ON REAL PROPERTY


9-103. No duty to keep premises safe for certain uses; responsibility for acts of such users.
S 9-103. No duty to keep premises safe for certain uses; responsibility for acts of such users.

1. Except as provided in subdivision two,

A. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes;

B. an owner, lessee or occupant of premises who gives permission to another to pursue any such activities upon such premises does not thereby
(1) extend any assurance that the premises are safe for such purpose, or
(2) constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or
(3) assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

(Added L 1980)
C. an owner, lessee or occupant of a farm, as defined in section six hundred seventy-one of the labor law, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep such farm safe for entry or use by a person who enters or remains in or upon such farm without consent or privilege, or to give warning of any hazardous condition or use of or structure or activity on such farm to persons so entering or remaining. This shall not be interpreted, or construed, as a limit on liability for acts of gross negligence in addition to those other acts referred to in subdivision two of this section.

2. This section does not limit the liability which would otherwise exist

A. for willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity; or

B. for injury suffered in any case where permission to pursue any of the activities enumerated in this section was granted for a consideration other than the consideration, if any, paid to said landowner by the state or federal government, or permission to train dogs was granted for a consideration other than that provided for in section 11-0925 of the environmental conservation law; or

C. for injury caused, by acts of persons to whom permission to pursue any of the activities enumerated in this section was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

3. Nothing in this section creates a duty of care or ground of liability for injury to person or property.
Eff. Sept. 1, 1979
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Postby Scott Hatch » Sun Mar 02, 2008 9:14 pm

New York info added
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Postby tammylynn » Thu Mar 13, 2008 2:19 pm

Scott, do you have this in a Word document? If so can you e-mail it to me?
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Postby Paul » Thu Mar 13, 2008 2:29 pm

uhhh..

CUT


PASTE.

:wink:
Guy that used to do stuff a long long time ago.
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Postby tammylynn » Thu Mar 13, 2008 2:38 pm

I am doing that but I was going to save myself the formatting fixes with a simple e-mail. :P

rblank wrote:Thank you Captain Obvious.....:mrgreen:
:lol: :lol: :lol:
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Postby Scott Hatch » Thu Mar 13, 2008 3:42 pm

Somewhere but I won't be able to send until late tonight or tomorrow night

Like Paul said, copy and past :poke: ;)
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Postby tammylynn » Thu Mar 13, 2008 4:41 pm

Ok. I did that and will work with that. Don't worry about the e-mail.
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Postby Scott Hatch » Thu Mar 13, 2008 9:55 pm

Thanks, just got home....Vickie, the kids, and me were out for dinner
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Re: New England Land Use Laws and Regulations by State

Postby Scott Hatch » Fri Aug 21, 2015 6:10 am

bump....any reason this is no longer pinned?
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