1.__Pedestrian.__The use of the term "pedestrian," in the context of the uses to which a trail easement may be put, means use by the general public for human-powered activities, including walking, jogging, bicycling, in-line skating and nordic skiing.__ It does not include motorized vehicles and devices, except for emergency vehicles and wheelchairs and other mobility devices for the handicapped.

2.__Appurtenant rights.__The use of the term "appurtenant rights" means:

A.__The right to construct, maintain, replace and repair any trail surface, whether paved or unpaved, and any boardwalk, bridge, railing, retaining wall, signage and other similar appurtenance customarily used with pedestrian trails; and

B.__The right to periodically prune trees and tree limbs, to remove dead, diseased, leaning or fallen trees, to clear undergrowth necessary to keep the trail passable and to make plantings necessary to prevent erosion, all in accordance with good forestry management and landscaping practices, except that the grantee of a trail easement does not have an affirmative obligation to perform the activities described by the term "appurtenant rights" unless expressly stated in the trail easement instrument.

§1586.__Applicability

1.__Trail easement created after effective date.__This chapter applies to any interest created after the effective date of this chapter that meets the definition of trail easement as set forth in section 1581.

2.__Trail easement created before effective date.__This chapter applies to any trail easement created before the effective date of this chapter if the trail easement would have been enforceable had it been created after the effective date of this chapter, unless retroactive application contravenes the Constitution of Maine or the United States Constitution.

3.__Chapter does not invalidate interest.__This chapter does not invalidate any interest, whether designated as a trail easement or otherwise, that is enforceable under other laws of this State.