State and federal transportation officials will construct a tunnel for pedestrians and cyclists under a new roadway near the Exit 4A project on Interstate 93 in Derry, resolving a lawsuit brought by cycling advocates.
The Committee to Save the Derry Rail Trail Tunnel said the government agreed not to appeal a federal court ruling issued last year that paused construction on a stretch of road after highway planners failed to follow proper regulations when they altered a proposed rail trail.
Trail advocates said the agreement “provides significant safety benefits to the many thousands of people who are expected to use the Derry Rail Trail.”
In 2024, highway officials formally submitted a redesign of the intersection between the exit road and the rail trail. Instead of burrowing under the new exit ramp, the revised plan called for a ramp leading to the elevated roadway, with a six-lane crosswalk. Officials estimated it would save approximately $770,000 over the tunnel design.
Cyclists derided the new scheme as a convoluted “spaghetti loop” and argued both the circular ramp and crosswalk were unsafe. In a federal lawsuit, lawyers contended the government failed to follow historic preservation regulations in its redesign.
After a federal judge sided with the cyclists last year, the state considered an appeal. But this week, the parties entered into a settlement agreement that calls for the construction of the tunnel.
William Cass, the commissioner for the New Hampshire Department of Transportation, said Tuesday that “reaching this agreement helps minimize delays and allows us to move forward with construction. We are eager to proceed with building the tunnel and completing the project, which is expected to remain on schedule.”
The Exit 4A project, which is now underway, has taken decades to plan, design and fund. The one-mile stretch of road that’s being constructed as part of the second phase of the project was originally projected to cost $33 million, while the total cost of the new exit ramp and connecting roads are forecasted to top $134 million, portions of which are being paid for by the 2021 bipartisan federal infrastructure law.
The rail trail project will link a path that begins in Salem with another path in Londonderry, closing an approximately one-mile gap in Derry.
