Court Ruling Supports Historic Derry Rail Trail Tunnel Advocates Against I-93 Expansion Plans

Court Ruling Affirms Derry Rail Trail Preservation



In a recent legal victory, the Committee to Save the Derry Rail Trail Tunnel, alongside the Rails to Trails Conservancy, secured a pivotal ruling regarding the preservation of the Derry Rail Trail Tunnel. On July 1, 2025, the U.S. District Court ruled in favor of the advocacy group, stating that plans proposed by the New Hampshire Department of Transportation (NHDOT) and the Federal Highway Administration (FHWA) violated federal regulations aimed at preserving historic sites and rail-trail routes.

The lawsuit, filed in August 2024, contested the approved changes to Phase 2 of the Exit 4A I-93 expansion project. Originally, the design included a tunnel to protect the historic Manchester-Lawrence Railroad corridor, but this was altered to remove the tunnel, which would have shielded the corridor from the proposed six-lane exit road. Instead, NHDOT’s new design featured steep approaches, an at-grade crosswalk, and a route that neglected the preservation of the historic railroad corridor.

Judge Paul J. Barbadoro's ruling emphasized the need to uphold historical preservation laws, particularly Section 4(f) of the Department of Transportation Act, which restricts federal funding for projects that adversely affect parks or historic sites unless no feasible alternatives exist. The court found that NHDOT and FHWA didn’t adequately consider less harmful alternatives, leading to a design that jeopardized both the historic integrity of the rail corridor and the safety of potential users.

Dave Topham, president of the New Hampshire Rail Trails Coalition and a committee member, expressed relief at the court’s decision. “This ruling affirms our concerns and confirms that the actions of NHDOT and FHWA were against federal law,” he stated. He highlighted that the new design not only obliterated the historic corridor but also introduced significant safety risks for trail users and road traffic alike.

Alex Vogt, a retired NHDOT engineer, reiterated the importance of integrating citizen feedback into future project designs to avoid similar missteps. The court’s ruling has opened a path for more direct engagement with NHDOT to implement a project plan that preserves the original underpass design, thereby facilitating the expansion of the Derry Rail Trail while minimizing harm to the historic corridor and improving safety for thousands of expected trail users.

The implications of this ruling resonate far beyond New Hampshire; it sets a vital precedent for rail trails and historic preservation across the country. Ryan Chao, president of the Rails to Trails Conservancy, remarked that the decision underscores the significance of protecting trails and historic sites in transportation project planning, arguing that federal laws like Section 4(f) are essential in safeguarding public spaces for future generations.

As the Committee moves forward, they plan to collaborate closely with NHDOT to ensure that the original design, inclusive of the essential underpass, is reinstated. This collaboration is crucial in paving the way for the Derry Rail Trail, which aims to connect communities, promote safe outdoor activities, and preserve the historical landscape of New Hampshire.

In conclusion, the courtroom victory is not only a win for local advocates but also symbolizes the broader movement towards sustainable and responsible transportation infrastructure that honors historical significance while acknowledging the community's need for safe recreational spaces. The Committee to Save the Derry Rail Trail Tunnel, along with the Rails to Trails Conservancy, remains committed to advocating for the rights of the trail users and preserving New Hampshire's rich historical heritage.

Topics Policy & Public Interest)

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