HB 2041 — Parks, local; walking trails, liability for property owners.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E131 An Act to amend and reenact §§ 15.2-1806 and 15.2-1809.1 of the Code of Virginia, relating to local parks;

R O [H 2041] L Approved March 21, 2023 Be it enacted by the General Assembly of Virginia:

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That §§ 15.2-1806 and 15.2-1809.1 of the Code of Virginia are amended and reenacted as E follows:

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and acquire land, buildings and other facilities pursuant to § 1In15.2-1800 regardfor tothe itsaforesaid parks,purposes. recreation facilities and playgrounds, a locality may:

Fix, prescribe, and provide for the collection of fees for their use;use;y may:

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Operate their use through a department or bureau of recreation or delegate the operation 2hereofthereof to a recreation board created by it, to a school board, or any other appropriate existing board or4or comB.commission.

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A locality may also establish, conduct, and regulate a system of trails for all-terrain vehicles, off-road motorcycles, or both, as those terms are defined in § 46.2-100, and may set apart for such use any land or buildings owned or leased by it and may obtain licenses, easements, leases, or permits for such use on land not owned or kayaking, or tubing activities on waterways and may set apart for such use any land or buildings owned or leased by it and may obtain licenses or permits for such use on land not owned or leased by it.

A locality may also establish, conduct, and regulate a system of boating, canoeing, kayaking, or tubing activities on waterways and may set apart for such use any land or buildings owned or leased by it and may obtain licenses or permits for such use on land not owned or leased by it.

A locality, or a park authority created by the Park Authorities Act (§ 15.2-5700 et seq.), that establishes, conducts, and regulates a system of walking, hiking, biking, or horseback riding trails, a system of trails for all-terrain vehicles, off-road motorcycles, or a system of boating, canoeing, kayaking, or tubing activities on waterways, as provided in subsection B of § 15.2-1806,15.2-1809.1. and the owner or licensor or permit issuer of any property leased or, licensed, or provided by easement for any such use, shall not be liable for damages resulting from any injury to the person or from a loss of or damage to the the absence of gross negligence or willful misconduct.he property used for such trails or waterways, in

Liability of localities for the site of trails or waterways.

A locality, or a park authority created by the Park Authorities Act (§ 15.2-5700 et seq.), that establishes, conducts, and regulates a system of walking, hiking, biking, or horseback riding trails, a system of trails for all-terrain vehicles, off-road motorcycles, or a system of boating, canoeing, kayaking, or tubing activities on waterways, as provided in subsection B of § 15.2-1806, and the owner or licensor or permit issuer of any property leased or, licensed, or provided by easement for any such use, shall not be liable for damages resulting from any injury to the person or from a loss of or damage to the property of any person arising from the condition of the property used for such trails or waterways, in the absence of gross negligence or willful misconduct.