C.R.S. § 33-11-101 Short title
33-11-101. Short title. This article shall be known and may be cited as the "Recreational Trails System Act of 1971".
Recreational Trails
C.R.S. tit. 33, art. 11
in effectC.R.S. § 33-11-102 Legislative declaration
33-11-102. Legislative declaration. (1) In order to provide for the greatly increasing outdoor needs of a rapidly expanding Colorado population for public access to, travel within, and enjoyment and appreciation of the out-of-doors areas of Colorado and for the conservation, development, and use of natural resources against fire and other natural and geological hazards, it is hereby declared to be the public policy of this state and among the purposes of this article to: Increase the accessibility and encourage the use of such natural resources by the residents of this state and by nonresidents; provide opportunity for the development of public and private facilities for persons visiting and utilizing the natural resources of this state; encourage an increase in riding, hiking, bicycling, and other compatible recreational activities as influences for the improvement of the health and welfare of the people; and to provide for the needs of specialized recreational motor vehicles. It is recognized that joint simultaneous trail use by motorized and nonmotorized interests may at times be incompatible, and it is the intent of this article to provide separate trails and facilities for each of such motorized and nonmotorized interests, when feasible.
(2) To implement the provisions of subsection (1) of this section and as additional purposes of this article, the state may: Establish and maintain trails on a statewide basis to connect, when feasible and practical, the units of the parks and outdoor recreation system, federal recreational lands, and other trails systems; perpetuate and provide the use of and access to regions and trails of special or historic interest within the state; assist local governments in serving the requirements of the urban and other population centers of the state; encourage the multiple use of public rights-of-way and utilize to the fullest extent the existing and future scenic roads, highways, parkways, and federally administered trails where feasible as recreational trails; encourage the development and maintenance of recreational trails by counties, cities, and special improvement districts and assist in such development and maintenance by all means available; coordinate trail plans and development among legal jurisdictions and with the state and federal governments; encourage, when possible, the development of trails on federal lands by the federal government; and promote at all levels of government a more complete use of all or any portion of public property for recreational purposes.
(3) A further purpose of this article is to promote the establishment and operation of a statewide network of trails, to be known as the "Colorado greenway trails system", along and between the state's lakes, streams, or reservoirs linking cities, towns, communities, and river basins. The Colorado greenway trails system shall be established and operated in a manner that promotes recreational opportunities along lakes, streams, or reservoirs, that provides access to and is a part of an integrated trail system, that protects water rights and real property rights, and that minimizes conflicts between recreationists and others to minimize adverse impacts on natural features and sensitive habitats.
C.R.S. § 33-11-103 Definitions
33-11-103. Definitions. As used in this article 11, unless the context otherwise requires:
(1) "Committee" means the Colorado recreational trails committee.
(1.4) "Grant" means an award of money from any public or private source, allocated in accordance with the "Procurement Code", articles 101 to 112 of title 24, to further one or more of the purposes enumerated in section 33-11-102.
(1.6) "Land stewardship" means the design, acquisition, construction, expansion, improvement, maintenance, or operation of:
(a) A recreational trail, recreational route, or trail corridor; or
(b) Any structure or facility that is part of, or associated with the public use and enjoyment of, a recreational trail or trail corridor.
(2) "Local government" means a city, town, county, city and county, or political subdivision of the state charged by law with and engaged in the administration of a parks or recreation program.
(3) "Motorized trails" means trails for the use of motorized vehicles where designated in the trail plan and as posted on the trail, as may be required by law.
(4) "Nonmotorized trails" means riding, hiking, bicycling, and other recreational trails for the use of the public on which motorized vehicles are prohibited except in emergencies.
(4.5) "Nonprofit organization" means an organization that:
(a) Has filed articles of incorporation in Colorado as a nonprofit corporation and is currently in good standing, as evidenced by records of the Colorado secretary of state;
(b) Is organized and conducted for public benefit and operated for charitable, civic, educational, social, religious, welfare, or health purposes and does not practice any action that constitutes a hate crime under state or federal law; and
(c) Performs land stewardship as a recipient of a grant.
(5) "Recreational trail" means a trail which is used for a recreational purpose, such as hiking, horseback riding, snowshoeing, cross-country skiing, bicycling, or the riding of motorized recreational vehicles along routes of scenic, natural, historic, geologic, or water-oriented interest.
(6) "Riders" and "riding" means, respectively, horseback riders and horseback riding, snowmobile riders and snowmobiling, and recreational vehicle riders and recreational vehicle riding.
(7) "Trail corridor" means the recreational trail plus a scenic or recreational easement, if such easement is acquired as a part of the recreational trail and if it is essential to the recreational experience of the trail user.
(8) "Vehicle" means:
(a) A motorcycle, trailer, utility trailer, or multipurpose trailer, all as defined in section 42-1-102; and
(b) Any self-propelled vehicle that is designed to travel on wheels or tracks in contact with the ground, that is designed primarily for use off of the public highways, and that is generally and commonly used to transport persons for recreational purposes.
(9) (a) "Volunteer" means a person performing services for a nonprofit organization without compensation other than reimbursement for actual expenses incurred.
(b) "Volunteer" includes a person who serves without compensation as a director, officer, or trustee of a nonprofit organization. For purposes of this article 11, a person serving as a director, officer, or trustee shall not be considered compensated solely by reason of:
(I) The payment of the person's actual expenses incurred in attending meetings or in executing the duties of the office;
(II) The receipt of meals at meetings; or
(III) The receipt of gifts up to a total value of one thousand dollars in any twelve consecutive months.
C.R.S. § 33-11-104 Acquisition
33-11-104. Acquisition. (1) In order to provide recreational trails in a statewide system of positive recreational value, the division may acquire reasonable trail rights-of-way or easements. In selecting the rights-of-way, full consideration shall be given to minimizing the adverse effects upon the adjacent landowner or user and his operation. Development and management of each segment of the trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to insure continued maximum benefits from the land. Acquisition shall be, whenever possible, through donations, purchased with donated funds, or through easements and exchanges. When such methods fail, the division may authorize expenditure of state appropriations for acquisition in fee. Agreements for less than fee shall be for terms of not less than twenty-five years whenever possible.
(2) The division may abandon all or any portion of a trail or easement acquired for trail purposes which is no longer necessary for such purposes, or it may transfer any trail or easement acquired for trail purposes to a local government having jurisdiction over the area in which the trail or easement is located if such local government agrees to maintain and operate the trail.
(3) The division shall notify the owner of land through which any trail or easement acquired for trail purposes passes prior to entering into an operating agreement for that trail with any local government, and it shall secure the consent of the landowner prior to the transfer of any trail or easement acquired for trail purposes to a local government.
(4) Nothing in this article shall permit the acquisition of recreational trails by proceedings in eminent domain by any state agency or any unit of local government or any agency thereof; except that, when a recreational trail is included within a highway right-of-way, the department of transportation may acquire such contiguous land as a part of the right-of-way as is necessary to permit the uninterrupted continuation of the recreational trail.
(5) Nothing in this section modifies, impairs, or supersedes the authority of the commission or the ability of the division to acquire any interest in water or water rights pursuant to section 33-10-107 (1)(a).
(6) Trails acquired pursuant to this article shall not be used for purposes of annexation or access to private lands. Access to private property may be allowed upon consent of the landowner. Nothing in this subsection (6) shall preclude the annexation of private lands with the consent of the landowner.
C.R.S. § 33-11-105 Recreational trails committee
33-11-105. Recreational trails committee. (1) (a) There is created the Colorado recreational trails committee, which is advisory and consists of members who are appointed as follows:
(I) The commission shall appoint:
(A) One member from each congressional district in the state; and
(B) Two members from the state at large.
(II) The state board of the great outdoors Colorado trust fund shall appoint one member from the board.
(b) The terms of the members appointed by the commission are four years. A member shall not serve more than two consecutive terms. The committee shall include in its membership representation of the broad spectrum of trail users. Vacancies on the committee shall be filled for the unexpired term by the appropriate appointing authority set forth in this subsection (1).
(2) The committee shall meet not less than four times annually to advise the division on all matters directly or indirectly pertaining to trails and their use, extent, and location and the objectives and purposes of this article.
(3) Repealed.
C.R.S. § 33-11-106 Responsibilities of committee
33-11-106. Responsibilities of committee. (1) The committee, with the approval of the commission, shall coordinate trail development among local governments and shall assist local governments in the formation of their trail plans and advise the commission quarterly of its findings. In carrying out this responsibility, the committee shall review records of easements and other interests in land which are available and may be adapted for recreational trail usage, including public lands, utility easements, floodplains, railroad and other rights-of-way, geological hazard areas, gifts of land or interests therein, and steep slope areas. The committee shall advise the commission in the development of uniform standards for trail construction that may be adopted by the commission for statewide use and that shall be made available to participating local governments. The committee shall offer plans and methods for funding a trails system through user fees or other financing methods.
(2) Repealed.
C.R.S. § 33-11-107 Availability of funds
33-11-107. Availability of funds. The commission is authorized to make funds appropriated by the general assembly for the purposes of this article available to local governments and nonprofit organizations in accordance with criteria developed by the committee and adopted by the commission. The committee shall advise the commission of its recommendations for the allocation of such funds among participating local governments and nonprofit organizations.
C.R.S. § 33-11-108 State trails system
33-11-108. State trails system. (1) The commission shall designate a state trails system. The trails comprising such system shall meet criteria established by the commission and shall be consistent with the objectives of this article.
(2) The commission shall establish a procedure whereby federal, state, and local governments and nongovernmental organizations may propose trails for inclusion within the system.
(3) In consultation with appropriate federal, state, and local governments and nongovernmental organizations, the commission shall establish a procedure for review and public hearings upon proposals for the inclusion of trails in the system.
(4) The commission may participate in the planning, establishment, development, and long-term operation and maintenance of segments of national scenic trails which might be authorized by the congress of the United States.
(5) The establishment of trails to or along lakes, streams, or reservoirs shall not constitute any determination relative to the suitability of the river segment for designation as a wild, scenic, or recreational river under the federal "Wild and Scenic Rivers Act".
C.R.S. § 33-11-109 Trail categories - rules
33-11-109. Trail categories - rules. (1) Any of the following categories of trails may be established:
(a) Cross-state trails which connect scenic, historical, geological, or other significant features which are characteristic of the state;
(b) Water-oriented trails which provide a designated path to or along lakes, streams, or reservoirs in which water and other water-oriented recreational opportunities are the primary points of interest;
(c) Scenic-access trails which give access to quality recreation, scenic, historic, or cultural areas of statewide or nationwide significance;
(d) Urban trails which provide opportunities within an urban setting for walking, bicycling, horseback riding, or other compatible activities. Where appropriate, urban trails shall connect parks, scenic areas, historical points, and neighboring communities.
(e) Historical trails which identify and interpret routes which were significant in the historical settlement and development of the state.
(2) The planning and designation of trails for the state trails system shall take into account and give due regard to the interests of federal agencies, state agencies, individuals, and interested recreation organizations. The categories set forth in subsection (1) of this section need not be used to label specific trails, but the division shall assure that full consideration is given to including trails from all categories within the system.
(3) The commission, through the division, is authorized to conduct studies, and to promulgate such rules as may be necessary for establishing and managing the Colorado greenway trails system. The commission shall consult and cooperate with the Colorado water conservation board, transportation commission, Colorado water resources and power development authority, and all other appropriate units of state government and political subdivisions of the state, including any county, city, city and county, and water conservation and conservancy district; any other public and private persons; and any appropriate federal agencies to establish a Colorado greenway trails system that minimizes adverse impacts on activities, natural features, and sensitive habitats adjacent to trails.
C.R.S. § 33-11-110 Uniform signs and markers
33-11-110. Uniform signs and markers. The commission may establish uniform signs and markers, which signs and markers may include appropriate and distinctive symbols. Where trails cross lands administered by federal agencies, such markers may be provided and erected by the appropriate federal agency at appropriate points along trails and maintained by the federal agency administering the trails in accordance with standards mutually established by the division and the federal agency concerned. Where trails cross lands of state or local governmental agencies, the division may provide such uniform signs and markers to such agencies in accordance with written agreements and may require such agencies to erect and maintain them in accordance with standards established in such agreements.
C.R.S. § 33-11-111 Cooperation with state agencies
33-11-111. Cooperation with state agencies. The department of transportation, the state board of land commissioners, the urban drainage and flood control district, and other state agencies and political subdivisions having jurisdiction or control over or information concerning the use, abandonment, or disposition of highway or utility rights-of-way or other properties that may be suitable for the purpose of improving or expanding the state trails system shall cooperate with the division to assure, to the extent practicable, that any such properties that are suitable for trail purposes may be made available for such use.
C.R.S. § 33-11-112 Trails enforcement
33-11-112. Trails enforcement. It is unlawful for any person, except a parks and recreation officer or other peace officer, to operate a motorized vehicle on a signed and designated nonmotorized trail. Any person who violates this section commits a petty offense and, upon conviction, shall be punished by a fine of one hundred fifty dollars.
C.R.S. § 33-11-113 Volunteer activities - qualified immunity - grant agreements for land stewardship activities - terms - insurance coverage - legislative declaration - scope of section
33-11-113. Volunteer activities - qualified immunity - grant agreements for land stewardship activities - terms - insurance coverage - legislative declaration - scope of section. (1) (a) The general assembly declares that the purpose of this section is to provide additional protection, in accordance with 42 U.S.C. sec. 14502 (a), to volunteers and nonprofit organizations providing land stewardship services under this article 11. In case of any conflict between this section and section 13-21-115.5 or 13-21-115.7, or between this section and the federal "Volunteer Protection Act of 1997", 42 U.S.C. sec. 14501 et seq., this section controls.
(b) This section does not apply to land stewardship activities occurring on state lands.
(2) (a) A volunteer performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her designated duties unless the damage or injury was caused by the volunteer's gross negligence or willful and wanton act or omission.
(b) A volunteer serving as an officer, director, or trustee of a nonprofit organization performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury if the volunteer was acting within the scope of his or her official functions and duties as a director, officer, or trustee unless the damage or injury was caused by a willful and wanton act or omission of the director, officer, or trustee.
(c) A nonprofit organization performing land stewardship services in connection with a grant is immune from civil liability for any act or omission that results in damage or injury unless the damage or injury was caused by the nonprofit organization's willful and wanton act or omission.
(3) Nothing in this section establishes, diminishes, or abrogates any duty that a director, officer, or trustee of a nonprofit organization has to the nonprofit organization for which the director, officer, or trustee serves.
(4) Notwithstanding any other provision of law, a grant agreement, procurement contract, or other agreement governing the conduct of land stewardship activities by a nonprofit organization or volunteer in connection with a grant must not:
(a) Differentiate between "construction" and "maintenance", or words of similar import, for liability purposes; or
(b) Require the nonprofit organization or any volunteer to purchase or maintain what is or was, as of January 1, 2017, commonly known as completed operations liability coverage or the substantial equivalent of completed operations liability coverage, however designated.
(5) (a) (I) The immunity granted by subsections (2)(a) and (2)(b) of this section does not extend to any act or omission by a volunteer while operating a vehicle unless the operation of the vehicle is an integral part of, and physically proximate to, a land stewardship activity and within the scope of the volunteer's designated duties in connection with that activity.
(II) Notwithstanding subsection (2)(a) or (2)(b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during a land stewardship activity; except that the amount recovered from the volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor vehicle in such circumstances. Nothing in this subsection (5)(a)(II) limits the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.
eer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of the volunteer with respect to the negligent operation of a motor vehicle in such circumstances. Nothing in this subsection (5)(a)(II) limits the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.
(b) Notwithstanding any other provision of law, a grant agreement, procurement contract, or other agreement governing the conduct of land stewardship activities by a nonprofit organization or volunteer in connection with a grant must not require the nonprofit organization or any volunteer to purchase or maintain liability coverage for operation of a vehicle other than a complying policy of insurance as required by Colorado law, other than this article 11, for lawful operation of the vehicle in Colorado.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-33.docxFetched: 10/6/2026