Resolve, to Direct the Department of Transportation to Implement
Maine Legislature, Session 132, LD 0511
Sponsors: DUSON, BELL, DAUGHTRY

Legislative Document
No. 511
S.P. 229
In Senate, February 11, 2025
Resolve, to Direct the Department of Transportation to Implement 
the Recommendations of the Portland to Auburn Rail Use Advisory 
Council
Received by the Secretary of the Senate on February 7, 2025.  Referred to the Committee 
on Transportation pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DUSON of Cumberland.
Cosponsored by Representative BELL of Yarmouth and
Senators: BICKFORD of Androscoggin, President DAUGHTRY of Cumberland, FARRIN of 
Somerset, PIERCE of Cumberland, Representatives: GRAHAM of North Yarmouth, KUHN of 
Falmouth.
Preamble.  Whereas, the State Railroad Preservation and Assistance Act requires 
the Department of Transportation to seek legislative approval for any conversion of a 
state-owned rail corridor in which the department controls the right-of-way to a nonrail 
recreational or nonrecreational transportation use; and
Whereas, Public Law 2021, chapter 239 enacted the Maine Revised Statutes, Title 
23, section 75, which gives the Commissioner of Transportation the authority to establish 
a rail corridor use advisory council upon petition of one or more governmental entities; and
Whereas, the Department of Transportation received letters of support from all 
communities along the section of the state-owned rail corridor known as the Berlin 
Subdivision from the City of Portland to the town line between the City of Auburn and the 
Town of New Gloucester requesting the formation of a rail corridor use advisory council; 
and
Whereas, the Portland to Auburn Rail Use Advisory Council convened and met for 9 
months in 2022 and early 2023; and
Whereas, the Portland to Auburn Rail Use Advisory Council voted to recommend the 
interim conversion of the existing railroad track to a gravel, stone dust or paved bicycle and 
pedestrian trail; and
Whereas, the State Railroad Preservation and Assistance Act further requires that, 
once the Commissioner of Transportation receives a report from a rail corridor use advisory 
council that includes a recommendation of track removal or other change for interim 
nonrail use and the commissioner concurs with that recommendation, the commissioner 
seek legislative approval of the recommendation by submitting legislation to the joint 
standing committee of the Legislature having jurisdiction over transportation matters prior 
to the track removal or other change for interim nonrail use; and
Whereas, any track removal or other change for nonrail use is considered interim in 
nature and rail corridors are to be preserved for future rail use as provided under the State 
Railroad Preservation and Assistance Act; now, therefore, be it
Sec. 1.  Trail construction on Berlin Subdivision. Resolved: That, based on the 
majority recommendation of the Portland to Auburn Rail Use Advisory Council and 
pursuant to the Maine Revised Statutes, Title 23, section 7107, the Department of 
Transportation shall, subject to available funding resources, permitting and municipal 
agreements, remove state-owned inactive existing railroad track along the section known 
as the Berlin Subdivision between the City of Portland and the City of Auburn, from a point 
north of the swing bridge at Back Cove in Portland at or near mile marker 1.7 to mile 
marker 26.5 in Auburn, and replace the track with an interim bicycle and pedestrian trail 
surfaced with pavement or gravel or stone dust on the existing rail bed.
SUMMARY
This resolve directs the Department of Transportation, subject to available funding 
resources, permitting and municipal agreements, to remove state-owned inactive existing 
railroad track along the section known as the Berlin Subdivision between the City of 
Portland and the City of Auburn and to replace the track with an interim bicycle and 
pedestrian trail surfaced with pavement or gravel or stone dust on the existing rail bed.