UPDATE: A significant settlement has just been reached that ensures the construction of the highly anticipated Derry Rail Trail Tunnel. The agreement, announced today by the Committee to Save the Derry Rail Trail Tunnel and the Rails to Trails Conservancy, resolves a lawsuit against the New Hampshire Department of Transportation (NHDOT) and the Federal Highway Administration (FHWA) aimed at safeguarding the historic Manchester & Lawrence Railroad corridor.
This urgent development comes following a ruling by United States District Judge Paul J. Barbadoro in June 2025, which favored the advocates, blocking a detrimental design change that threatened the historic district. The lawsuit, filed in August 2024, argued that the removal of the proposed tunnel would severely undermine public safety and historic preservation efforts.
“I’m grateful for this resolution. We’ve known that the law was on our side as we fought to protect the historic rail corridor,” stated Dave Topham, president of the New Hampshire Rail Trails Coalition. He emphasized the importance of creating a safe, seamless connection for walking and biking in the region.
The settlement requires NHDOT to revert to the original design that includes the tunnel, mitigating harm to the historic corridor while enhancing safety for the thousands expected to use the Derry Rail Trail. This ensures a safe underpass for trail users, providing a crucial link across the busy I-93 expansion at Exit 4A.
“This settlement affirms the importance of federal laws like Section 4(f) in protecting trails and historic railroad corridors,” said Ryan Chao, president of the Rails to Trails Conservancy. “We’re thrilled to see the Derry Rail Trail Tunnel be built. It represents an important victory for rail-trails across the country.”
The court’s prior ruling indicated that the new design proposed by NHDOT and FHWA—dubbed the “spaghetti loop”—was inadequate and violated federal historic preservation laws. Advocates expressed that the removal of the tunnel would have resulted in unsafe crossings and a disregard for the historic site, necessitating the legal battle.
Local resident and committee member Alex Bernhard criticized the initial design changes, stating, “This lawsuit could have been prevented entirely had NHDOT and FHWA stuck to the original design that included the tunnel.” He highlighted that the original plan had public support and prioritized community safety.
The Committee to Save the Derry Rail Trail Tunnel comprises dedicated cycling advocates from across New Hampshire committed to ensuring the safety of trail users and the preservation of historic railroad corridors. Their efforts, combined with the support of RTC, underline a growing movement to protect public spaces for future generations.
As construction plans move forward, the community is poised to benefit from enhanced access to outdoor activities, fostering a healthier lifestyle for residents. The Derry Rail Trail Tunnel will not only serve as a vital transportation link but also as a symbol of successful advocacy for environmental and historical preservation.
What’s Next: Authorities will now initiate the construction process for the tunnel, and community members are encouraged to stay informed about updates. This victory signifies a broader commitment to respecting historical sites while developing infrastructure that prioritizes public safety and accessibility.
Stay tuned for more urgent updates as this story develops.
