05 – Will the Town of Sudbury’s wetlands bylaw apply to the rail trail?

Answer

If the Town decides to convert the rail bed into a rail trail, it is likely that the Town would play the lead role in designing the trail and applying for construction funds. In such a scenario, this would be a Sudbury-led project and all Town bylaws would apply, including wetlands bylaw, even if the Massachusetts Highway Department manages the construction. If the Massachusetts Highway Department were to be the applicant to the Sudbury Conservation Commission for rail-trail permitting, only the lesser standard imposed by state law would apply. However, the ability of MassHighway to use a lesser standard is being questioned and legally researched.