AB 649

This bill provides that a town may designate any highway or portion of a

highway under its jurisdiction as a seasonally maintained highway, which the town

is not required to maintain as passable for motor vehicle traffic from December 15

to March 31.

Under the bill, a seasonally maintained highway must be designated as a

snowmobile route and marked with signs identifying the highway as seasonally

maintained and closed to motor vehicle traffic during the applicable period. A

seasonally maintained highway may not be the sole means of access to a residence,

a private parcel containing improvements, an improved boat landing, or a lake larger

than 20 acres. A seasonally maintained highway may not be the sole means of access

to a business or a private parcel that does not contain improvements unless the

business owner or parcel owner agrees in writing to the designation of the highway

as a seasonally maintained highway. When designating a seasonally maintained

highway, the town shall ensure that remaining maintained highways provide for the

most direct access to residences. The bill also provides that a town is not liable for

damages arising from motor vehicle operation on a seasonally maintained highway

while it is closed to motor vehicle traffic.

Under current law, the Department of Transportation administers a general

transportation aid program that makes aid payments to a municipality based on the

greater of a share-of-costs formula or an aid rate per each mile of highway under the

jurisdiction of the municipality. As part of the aid-rate-per-mile calculation, each

municipality must file with DOT a plat showing the highways under its jurisdiction.

Under the bill, a town must include in the plat it files any highway that is

designated as a seasonally maintained highway. If DOT determines the seasonally

maintained highway meets the requirements under the bill, DOT must include the

highway in computing general transportation aid.