19 V.S.A. § 306a — VT Code / Title 19 / Chapter 3 / Section 306a
§ 306a. Class 1 town highways; Agency responsibility for scheduled surface maintenance
Status: in_force

(a) Unless otherwise directed by the legislative body of a municipality, the Agency shall assume direct responsibility for scheduled surface maintenance of all class 1 town highways at no expense to the municipality. The class 1 town highways shall be included in the Agency's pavement management system and analyzed for resurfacing needs and considered for programming of available federal and State funds on the same basis as State highways.

(b) The provisions of this section shall not affect any legislative body's jurisdiction over class 1 town highways or any municipality's responsibility for general maintenance of class 1 town highways, including spot patching, traffic control devices, curbs, sidewalks, drainage, and snow removal.

(c) Notwithstanding the provisions of this section, major reconstruction of class 1 town highways, beyond the usual scope of resurfacing, shall continue to be a municipal responsibility, subject to availability of federal and State aid under chapter 15 of this title and payment of the uniform local share under section 309a of this title.
19 V.S.A. § 1105 — VT Code / Title 19 / Chapter 11 / Section 1105
§ 1105. Obstructing travel
Status: in_force

A person, other than a municipality acting with respect to highways under its jurisdiction, who places or causes to be placed an obstruction or encroachment in a public highway or trail, so as to hinder or prevent public travel or to injure or impede a person traveling on the highway or trail, shall be fined not more than $1,000.00 plus the actual costs of repairing the damage and a reasonable attorney's fee, to be recovered in a civil action in the name of the town or State. One or more items of logging or other equipment temporarily within the right-of-way of a trail shall not be actionable under this section if located in such a way as not to unreasonably impede passage. If the court finds that an action under this section was brought without substantial basis, the court may award a reasonable attorney's fee against the person bringing the action. Nothing in this section shall preclude the selectboard from exercising regulatory authority granted under sections 304 and 1110 of this title.
19 V.S.A. § 973 — VT Code / Title 19 / Chapter 9 / Section 973
§ 973. Report of county commissioners
Status: in_force

If, after the examination and hearing, the commissioners determine that the highway or bridge is out of repair or unsafe for travel, and that the public good demands that the highway or bridge be repaired, they shall determine what work or repairs are necessary. They shall make a written report of their findings, containing a full description of the repairs or work required and a statement of the amount estimated to accomplish it, and shall conclude with an order to the town to make the repairs or perform the work within such time as they judge reasonable. No town shall be required to spend more than $0.20 per $100.00 on its grand list in any one year, including costs of the proceedings. If they determine that the highway or bridge is not out of repair or unsafe for travel, they shall make a written report of this finding.
19 V.S.A. § 976 — VT Code / Title 19 / Chapter 9 / Section 976
§ 976. Judgment against town; execution
Status: in_force

The clerk shall file the report and enter judgment in favor of the commissioners against the town for the amount named in the report, with costs. However, the aggrieved party may appeal to the Superior Court by filing with the county clerk, within 21 days after the judgment has been entered by the clerk, a notice of appeal and a certified copy of the complaint filed with the commissioners and by serving upon the appellee, within the 21 days, a copy of the notice of appeal, who shall within 21 days thereafter enter his or her appearance. The Superior Court shall hear the appeal on questions of fact and law and render final judgment. In case an appeal is not taken within 21 days after judgment, the clerk shall issue execution returnable in 30 days from the date of the judgment. In the execution, the collecting officer shall be directed to pay the amount of the judgment to the agent appointed by the commissioners and the costs to the county clerk.
19 V.S.A. § 15a — VT Code / Title 19 / Chapter 1 / Section 15a
§ 15a. Border crossings; cooperation with federal government
Status: in_force

(a) Notwithstanding any other provision of this title but pursuant to the provisions of subsection (b) of this section, the Agency (in the case of State highways) and municipalities (in the case of town highways) are authorized to cooperate with federal projects to modernize border crossings between the United States and Canada by relinquishing to the federal government those portions of State or town highways approaching the border that may be required by the federal government for its border crossing projects.

(b) In connection with the relinquishments authorized in subsection (a) of this section, the Agency and municipalities are authorized to execute agreements with the federal government, including a conveyance of an interest in real property, easements, leases, and other instruments necessary to ensure that federal requirements are met. The federal government shall be responsible for maintenance of those State and town highways relinquished under this section.
19 V.S.A. § 2701 — VT Code / Title 19 / Chapter 27 / Section 2701
§ 2701. Intent
Status: in_force

The intent of this chapter is to state the responsibilities for the maintenance of a private road, in the absence of an express agreement or requirement governing such maintenance responsibilities, in accordance with the Vermont Supreme Court decision of Hubbard v. Bolieau, 144 Vt. 373 (1984), which draws upon established principles of Vermont law. This chapter will only apply to resolve conflicts regarding maintenance of private roads in the absence of an express agreement or requirement. The provisions of this chapter are not intended to abridge, enlarge, or modify any right provided under Hubbard and the common law of Vermont.
19 V.S.A. § 974 — VT Code / Title 19 / Chapter 9 / Section 974
§ 974. Filing report
Status: in_force

The commissioners shall promptly file their report in the office of the clerk of the county in which the highway or bridge is situated and deliver a copy of the report to the selectboard. The report shall be final and conclusive unless an appeal is taken as provided in section 976 of this title.
19 V.S.A. § 5 — VT Code / Title 19 / Chapter 1 / Section 5
§ 5. Transportation Board; powers and duties
Status: in_force

(a) General duties and responsibilities; exceptions. The regulatory and quasi-judicial functions relating to transportation shall be vested in the Board, except that the duties and responsibilities of the Commissioner of Motor Vehicles in Titles 23 and 32, including all quasi-judicial powers, shall continue to be vested in the Commissioner.

(b) Naming transportation facilities.

(1) Except as otherwise authorized by law, the Board is the sole authority responsible for naming transportation facilities owned, controlled, or maintained by the State, including highways and the bridges thereon, airports, rail facilities, rest areas, and welcome centers. The Board shall exercise its naming authority only upon petition of the legislative body of a municipality of the State, of the head of an Executive Branch agency or department of the State, or of 50 Vermont residents.

(2) The Board shall hold a public hearing for each facility requested to be named. The Board shall adopt rules governing notice and conduct of hearings, the standards to be applied in rendering decisions under this subsection, and any other matter necessary for the just disposition of naming requests. The Board shall issue a decision, which shall be subject to review on the record pursuant to subsection (c) of this section. The Board may delegate the responsibility to hold a hearing to a hearing officer or a single Board member, subject to the procedure of subsection (c) of this section, but shall not be bound by 3 V.S.A. chapter 25 in carrying out its duties under this subsection.

(c) Hearing examiners; report of findings; final orders; judicial review. The Board may delegate the responsibility to hear quasi-judicial matters, and other matters as it may deem appropriate, to a hearing examiner or a single Board member, to hear a case and make findings in accordance with 3 V.S.A. chapter 25, except that highway condemnation proceedings shall be conducted pursuant to the provisions of chapter 5 of this title. A hearing examiner or single Board member so appointed shall report the findings of fact in writing to the Board. Any order resulting from those findings shall be rendered only by a majority of the Board. Final orders of the Board issued pursuant to section 20 of this title (small claims against the Agency) may be reviewed on the record by a Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. All other final orders of the Board may be reviewed on the record by the Supreme Court.

(d) Specific duties and responsibilities. The Board shall:

(1) hear appeals from Agency decisions and rulings regarding measurement, description, or reclassification of town highways pursuant to section 305 of this title;

(2) hear and determine small claims pursuant to section 20 of this title;

(3) provide appellate review, when requested in writing, of decisions of the Secretary of Transportation when he or she assumes the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title;

(4) provide appellate review, when requested in writing, regarding legal disputes in the execution of contracts awarded by the Agency or by municipalities cooperating with the Agency to advance projects in the State's Transportation Program, except that the Agency shall provide appellate review relating to bids and the competitive negotiation process under section 10a of this title;

(5) provide appellate review, when requested in writing, of decisions of the Secretary in administering the provisions of Title 24, relating to salvage yards;

(6) provide appellate review when requested in writing, regarding the fairness of rents and fees charged for the occupancy or use of State-owned properties administered by the Agency;

(7) provide appellate review, when requested in writing, of Agency decisions and rulings regarding private and commercial access to State highway rights-of-way pursuant to the permit process established in section 1111 of this title;

(8) in coordination with the Agency, hold public hearings for the purpose of obtaining public comment on the development of State transportation policy, the mission of the Agency, and State transportation planning, capital programming, and program implementation;

(9) hear and determine disputes involving the decision of a selectboard under subdivision 302(a)(3)(B) or subsection 310(a) of this title not to plow and make negotiable a class 2 or 3 town highway or section of a highway during the winter or involving discontinuances of class 3 or 4 town highways extending into adjacent towns under the provisions of subsection 771(c) of this title;

(10) when requested by the Secretary, conduct public hearings on matters of public interest, after which it shall transmit its findings and recommendations to the Secretary and the Chairs of the Senate and House Committees on Transportation in a report that shall be a public document;

(11) enforce all provisions and hear and determine all disputes arising out of 9 V.S.A. chapter 108, the Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act;

(12) maintain the accounting functions for the duties imposed by 9 V.S.A. chapter 108 separately from the accounting functions relating to its other duties;

(13) hear and determine disputes involving a determination of the Agency under section 309c of this title that the municipality is responsible for repayment of federal funds required by the Federal Highway Administration.

(e) Offices and assistance. Suitable offices and office equipment shall be provided by the State for the Board at Montpelier. The Board may employ clerical or other employees and assistants whom it deems necessary in the performance of its duties and in the investigation of matters within its jurisdiction.

(f) Jurisdiction; subpoenas; witness fees. The Board shall have the power to determine and adjudicate all matters over which it is given jurisdiction. It may render judgments and make orders and decrees. Whenever the Board is sitting in a quasi-judicial capacity, it may issue subpoenas for the testimony of witnesses or the production of evidence. The fees for travel and attendance of witnesses shall be the same as for witnesses and officers appearing before a Civil Division of the Superior Court.

(g) Reports to the General Assembly. From time to time, the Board may report to the General Assembly with suggestions of amendment to existing law or of new legislation as it deems necessary and any information concerning the companies, matters, and things under the jurisdiction of the Board and Agency that, in its opinion, will be of interest to the General Assembly.

(h) Appeals from the Agency to the Board. Unless otherwise provided by law, when an appeal is allowed from the Agency to the Board, the appeal shall be taken by filing a notice of appeal with the Secretary within 30 days of the date of the Agency decision from which the appeal is taken. The Secretary shall promptly forward the notice of appeal to the Board, together with the Agency's record of decision.
19 V.S.A. § 760 — VT Code / Title 19 / Chapter 7 / Section 760
§ 760. Order to require payment to town
Status: in_force

When the report makes the laying out of the highway conditional upon the payment of part of the expense by the petitioners especially benefited, the order laying out the highway shall require payment to the town within a stated time.
19 V.S.A. § 922a — VT Code / Title 19 / Chapter 9 / Section 922a
§ 922a. Warning signs designating persons with a disability
Status: in_force

Signs designating the presence of a person with a disability shall be erected only with the consent of the individual or guardian.
19 V.S.A. § 2907 — VT Code / Title 19 / Chapter 29 / Section 2907
§ 2907. Annual reporting; electric vehicle supply equipment
Status: in_force

(a) Notwithstanding 2 V.S.A. § 20(d), the Agency of Transportation shall:

(1) file a report, with a map, on the State's efforts to meet its federally required Electric Vehicle Infrastructure Deployment Plan, as updated, and the goals set forth in section 2906 of this chapter with the House and Senate Committees on Transportation not later than January 15 each year until the Deployment Plan is met; and

(2) file a report on the current operability of EVSE available to the public and deployed through the assistance of Agency funding with the House and Senate Committees on Transportation not later than January 15 each year.

(b) The reports required under subsection (a) of this section can be combined when filing with the House and Senate Committees on Transportation and shall prominently be posted on the Agency of Transportation's website.
19 V.S.A. § 955 — VT Code / Title 19 / Chapter 9 / Section 955
§ 955. Winter roads
Status: in_force

When a public highway is so obstructed by snow that travel is impracticable, the selectboard of the town may immediately lay out, prepare, and open a winter highway for travel in place of the obstructed highway. The highway shall be continued only during the winter in which it is laid out.
19 V.S.A. § 1703 — VT Code / Title 19 / Chapter 17 / Section 1703
§ 1703. Authority to establish limited access facilities
Status: in_force

(a) The Agency, with the approval of the Governor, and when appropriate in cooperation with any federal, State, provincial, or local agency, or any other state or province having authority to participate in the construction and maintenance of highways, may plan, designate, establish, vacate, alter, improve, maintain, and provide limited access facilities for public use wherever the Agency, with the approval of the Governor, decides that the protection of existing businesses or traffic conditions, present or future, will justify the special facilities. To the extent not preempted by the Traffic Committee's exercise of authority under 23 V.S.A. § 1004, the Agency may regulate limited access facilities. However, within cities and villages the Agency's authority under this section shall be subject to such municipal consent as may be provided by law. Town highways may be designated as limited access using this title after approval of the selectboard.

(b) The Agency and the Board shall have, relative to limited access facilities, the same authority as they may at any time have relative to other highways within their jurisdiction.

(c) The Agency, with the approval of the Governor, may also make reasonable rules consistent with this title for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, called “public utility equipment,” of any public utility within any limited access facility.

(d) Whenever the Agency determines that it is necessary that any public utility equipment located within any limited access facility should be relocated in the limited access facility or removed from the facility, the public utility owning or operating the equipment shall relocate or remove it in accordance with the order of the Agency. The cost and expenses of the relocation or removal, including the cost of installing reused or new equipment in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish the relocation or removal, shall be determined by the Agency and paid as part of the cost of the limited access facility. The public utility may appeal the Agency's cost determination to the Board. The public utility owning or operating equipment that has been relocated or removed, or its successors or assigns, may maintain and operate the equipment, with the necessary appurtenances, in the new location or new locations, for as long a period and upon the same terms and conditions, as it had the right to maintain and operate the equipment in its former location. No utility may establish its lines or properties within the right-of-way of a limited access facility, except upon the conditions and terms prescribed by the Agency.
19 V.S.A. § 2603 — VT Code / Title 19 / Chapter 26 / Section 2603
§ 2603. Prequalification
Status: in_force

(a) The Agency may require that entities be prequalified to submit proposals. If the Agency requires prequalification, it shall give public notice requesting qualifications from interested entities electronically through the Agency's publicly accessible website or through advertisements in newspapers. The Agency shall issue a request-for-qualifications package to all entities requesting one in accordance with the notice.

(b) Interested entities shall supply for themselves and for all major participants all information required by the Agency. The Agency may investigate and verify all information received. All financial information, trade secrets, or other information customarily regarded as confidential business information submitted to the Agency shall be confidential.

(c) The Agency shall evaluate and rate all entities submitting a conforming statement of qualifications and select the most qualified entities to receive a request for proposals. The Agency may select any number of entities, except that if the Agency fails to prequalify at least two entities, the Agency shall readvertise the project.
19 V.S.A. § 710 — VT Code / Title 19 / Chapter 7 / Section 710
§ 710. Survey or order of discontinuance
Status: in_force

After examining the premises and hearing any interested parties, and if the selectboard judges that the public good, necessity, and convenience of the inhabitants of the municipality require the highway to be laid out, altered, or reclassified as claimed in the petition, it shall cause the highway to be surveyed in accordance with the provisions of section 33 of this title if the highway right-of-way cannot be determined and shall place suitable monuments to properly mark the bounds of the survey. If the selectboard decides to discontinue a highway, the discontinuance shall be in writing setting forth a completed description of the highway.
19 V.S.A. § 1701 — VT Code / Title 19 / Chapter 17 / Section 1701
§ 1701. Declaration of policy
Status: in_force

The General Assembly finds that limited access facilities in some areas are necessary for the preservation of the public peace, health, and safety, and for the promotion of the general welfare.
19 V.S.A. § 35 — VT Code / Title 19 / Chapter 1 / Section 35
§ 35. Entrance upon lands for survey
Status: in_force

Employees or agents of the Agency, a municipality, or a utility authorized by law shall be allowed to enter a property for the purpose of making the necessary surveys and examinations for construction of or improvements and repairs to transportation and utility facilities, doing as little damage as possible, subject to liability for actual damages. Whenever practicable, advance notice of the proposed survey or examination shall be given to the owner or occupant of the property to be entered. No owner or occupant of property entered upon under authority of this section shall be liable for any property damage or personal injury resulting from work done by the Agency, a municipality, or a utility under authority of this section.
19 V.S.A. § 1104 — VT Code / Title 19 / Chapter 11 / Section 1104
§ 1104. Lighting where hazard
Status: in_force

The Traffic Committee may determine if any artificial light creates a hazard to users of a highway and upon a finding that a hazard is created may direct that the light be removed or altered as required to eliminate the hazard. The selectboard shall have the same authority on town highways.
19 V.S.A. § 30 — VT Code / Title 19 / Chapter 1 / Section 30
§ 30. Issue of notes for State highway construction
Status: in_force

The State Treasurer, with the approval of the Governor, may borrow money upon notes of the State in anticipation of the proceeds of transportation bonds that have been or subsequently are authorized by the General Assembly or in anticipation of the proceeds of federal funds made available to Vermont for purposes of construction of transportation facilities, when the construction has been previously authorized by the General Assembly and provision made for the State's portion of the cost. The notes shall be issued on terms and at times as the State Treasurer and Governor may determine. Not more than $5,000,000.00 principal amount of the notes shall be outstanding at any one time and each note shall mature not later than one year from its date, provided that notes issued for a shorter period may be refunded from time to time by the issue of other notes maturing within the required period. Any purchaser of notes issued under this section may rely on this section as the authorization for the notes and need not examine the availability or amount of the bond authorizations or federal funds being anticipated. This authority is in addition to and not in limitation of any other authority.
19 V.S.A. § 1112 — VT Code / Title 19 / Chapter 11 / Section 1112
§ 1112. Definitions; fees
Status: in_force

(a) As used in this section:

(1) “Major commercial development” means a commercial development for which the Agency requires the applicant to submit a traffic impact study in support of its application under section 1111 of this chapter.

(2) “Minor commercial development” means a commercial development for which the Agency does not require the applicant to submit a traffic impact study in support of its application under section 1111 of this chapter.

(3) “Residential or agricultural purposes” means accesses serving a single-family home, a duplex residence, or logging or field accesses for agricultural uses only.

(4) “Subsurface stormwater system” means a stormwater system, as defined in 10 V.S.A. § 1264(b)(15), that is beneath the surface.

(b) The Secretary shall collect the following fees for each application for the following types of permits issued pursuant to section 1111 of this chapter:

(c) Notwithstanding subdivision (b)(3) of this section, the Secretary may waive the collection of the fee for a permit issued pursuant to section 1111 of this chapter for a minor commercial development if the Governor has declared a state of emergency under 20 V.S.A. chapter 1 and the Secretary has determined that the permit applicant is facing hardship, provided that the permit is applied for during the declared state of emergency or within the six months following the conclusion of the declared state of emergency.
19 V.S.A. § 1902 — VT Code / Title 19 / Chapter 19 / Section 1902
§ 1902. Acceptance of highways; authority
Status: in_force

The selectboard, for town highways, and the Agency, for State highways, may accept from the United States of America or any agency of the United States and open for public travel any relocated or reconstructed section of those highways provided by the United States as replacement for sections of those highways acquired or to be acquired by the United States for an authorized federal project or purpose.
19 V.S.A. § 988 — VT Code / Title 19 / Chapter 9 / Section 988
§ 988. Contents of notice
Status: in_force

The notice shall contain a description of the injury received or damage sustained. If bodily injuries are claimed, the part of the body injured shall be stated, with the extent and effect of the injury upon the health of the person injured, but the provisions in relation to notice shall not apply to a person who in consequence is lacking mental capacity.
19 V.S.A. § 1706 — VT Code / Title 19 / Chapter 17 / Section 1706
§ 1706. Disposal of property
Status: in_force

When any property acquired by the State for a limited access facility becomes no longer necessary, the Agency, with approval of the Governor, may sell and convey it by deed or lease. The proceeds from the sale or lease shall be deposited in the Transportation Fund.
19 V.S.A. § 707 — VT Code / Title 19 / Chapter 7 / Section 707
§ 707. Powers of Supreme and Superior Courts
Status: in_force

Upon petition for that purpose as in case of laying out, altering, or discontinuing a highway, and by similar proceedings, the Supreme or Superior Court may order hills to be graded and surfaces to be graveled on existing highways under the provisions of section 706 of this title.
19 V.S.A. § 754 — VT Code / Title 19 / Chapter 7 / Section 754
§ 754. Survey; determining damages
Status: in_force

When the commissioners decide to lay out or alter a highway, they shall cause the highway to be surveyed and determine what damages will be sustained by the persons interested in the lands after notifying the persons of the time and place of the hearing. The expenses of making the survey shall be included in the commissioners' accounts and allowed by the court.
19 V.S.A. § 33 — VT Code / Title 19 / Chapter 1 / Section 33
§ 33. Survey of existing highways; damages
Status: reserved

(a) For the purposes of this and the following section of this title, the word “survey” means:

(1) a survey of the existing highway where no previous survey has been properly recorded or the record of a previous survey has not been preserved, or the terminations and boundaries of a previous survey cannot be determined; or

(2) a resurvey to reproduce a previous survey or surveys.

(b) The Agency, for State highways, and the selectboard, for town highways, may authorize the survey of existing highways, and the rights-of-way, easements, or fee title associated with those highways. The purpose of the survey shall be to verify the location and width of the existing right-of-way, easement, or fee title and to determine the extent of the interest of the public in the title. A notice of intent to survey an existing highway shall be sent to all known abutting landowners by certified mail. In performance of the survey, the Agency or selectboard shall attempt to determine from all available evidence the type of highway, its location on the ground, its width, and the record title holder. The survey shall be based on all available evidence, including survey descriptions, original survey bills, plats, plans, maps, photographs, discontinuances, court documents, Public Service Board orders, actions by the selectboard, existing monumentation, present road location, nearby intersections, topography, vegetation, past and current use patterns, and other additional information generally relied on by land surveyors. The surveys shall be carried out in accordance with the provisions of 26 V.S.A. chapter 45.

(c) If, during the performance of the survey process under this section, the location or limits, or both, of the right-of-way, easement, or fee title cannot be determined on the ground from the available evidence, the Agency or the selectboard may instead cause a survey to be made of the centerline of the existing traveled way and a width of one and one-half rods on each side of the centerline shall be assumed and controlled for highway purposes.

(d) Once a survey is completed, the Agency or selectboard shall cause the right-of-way, easement, or fee title to be monumented in accordance with the survey plat and in such a manner that will allow its limits to be readily apparent to all adjacent property owners. Monumentation shall be permanent and shall include not less than two intervisible monuments located on, within, or adjacent to the highway limits. Intervisible monuments shall be at intervals of not more than 200 meters. All monuments shall be referenced to the Vermont State Plane Coordinate System in accordance with applicable statutes and standards in effect.

(e) The Agency or selectboard shall have the survey placed on record in the town clerk's office in each town in which the survey is performed. The record shall include survey plats prepared and filed in accordance with 27 V.S.A. §§ 1401-1406, a written description of the survey, and an opinion naming the record title holder. The description and plat shall include coordinates referenced to the Vermont State Plane Coordinate System. All recorded or filed material shall be indexed.

(f) Notice of the completion of the survey shall be sent to all known abutting landowners by certified mail, not less than 30 days before the survey results are filed with the appropriate town clerk, together with notice of statutory rights of appeal and damages.

(g) Upon recordation of the survey and upon final disposition of statutory appeals, all abutting and surrounding lands outside the limits of the survey shall be deemed discontinued, unless any rights deemed necessary are expressly reserved and clearly shown on the recorded survey plat. Title to the discontinued property shall belong to the owners of the abutting lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

(h) A property owner aggrieved by a survey may seek damages for the loss of property or for the loss of an interest in property.
19 V.S.A. § 32 — VT Code / Title 19 / Chapter 1 / Section 32
§ 32. Assumed width of right-of-way
Status: in_force

A roadway width of one and one-half rods on each side of the center of the existing traveled way can be assumed and controlled for highway purposes whenever the original survey was not properly recorded, or the records preserved, or if the terminations and boundaries cannot be determined.
19 V.S.A. § 991 — VT Code / Title 19 / Chapter 9 / Section 991
§ 991. Fine
Status: in_force

When a town, liable to keep in repair a highway or bridge, fails to do so, it may be indicted for this neglect by a grand jury of the county, and may be fined at the discretion of the court, whether any special damage has been sustained or not. The fine so assessed shall be spent in repairing the highway or bridge, under the direction of a commissioner appointed by the court.
19 V.S.A. § 309c — VT Code / Title 19 / Chapter 3 / Section 309c
§ 309c. Cancellation of locally managed projects
Status: in_force

(a) Notwithstanding section 309a of this title, a municipality or other local sponsor responsible for a locally managed project through a grant agreement with the Agency shall be responsible for the repayment, in whole or in part, of federal funds required by the Federal Highway Administration or other federal agency because of cancellation of the project by the municipality or other local sponsor due to circumstances or events wholly or partly within the municipality's or other local sponsor's control. Prior to any such determination that cancellation of a project was due to circumstances or events wholly or partly within a municipality's or other local sponsor's control, the Agency shall consult with the municipality or other local sponsor to attempt to reach an agreement to determine the scope of the municipality's or other local sponsor's repayment obligation.

(b) Within 15 days of an Agency determination under subsection (a) of this section, a municipality may petition the Board for a hearing to determine if cancellation of the project was due to circumstances or events in whole or in part outside the municipality's control. The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 30 days thereafter. If the Board determines that cancellation of the project was due in whole or in part to circumstances or events outside the municipality's control, it shall order that the municipality's repayment obligation be reduced proportionally, in whole or in part. The municipality shall have no obligation to make a repayment under this section until the Board issues its order.
19 V.S.A. § 303 — VT Code / Title 19 / Chapter 3 / Section 303
§ 303. Town highway control [Section 303 effective April 1, 2026; see also section 303 effective until April 1, 2026 set out in bound volume.]
Status: in_force

Town highways shall be under the general supervision and control of the selectmen of the town where the roads are located. Selectmen shall supervise all expenditures.

Town highways shall be under the general supervision and control of the legislative body of the town where the roads are located. The legislative body of a town shall supervise all expenditures.
19 V.S.A. § 2902 — VT Code / Title 19 / Chapter 29 / Section 2902
§ 2902. Incentive Program for New Plug-In Electric Vehicles
Status: in_force

(a) Creation; administration.

(1) There is created the Incentive Program for New Plug-In Electric Vehicles (PEVs), which shall be administered by the Agency of Transportation.

(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of the Program.

(b) Program structure. The Incentive Program for New PEVs shall structure PEV purchase and lease incentive payments by income to help all Vermonters benefit from electric driving, including Vermont's most vulnerable. Specifically, the Incentive Program for New PEVs:

(1) shall apply to both purchases and leases of new PEVs with an emphasis on incentivizing the purchase and lease of battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs) with an electric range of 20 miles or greater per complete charge as rated by the Environmental Protection Agency when the vehicle was new;

(2) shall provide not more than one incentive of not more than $3,000.00 for a PEV, per individual per year, to:

(A) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00;

(B) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States greater than $75,000.00 and at or below $125,000.00;

(C) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00;

(D) an individual who is part of a married couple with at least one spouse domiciled in the State whose federal income tax filing status is married filing jointly with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00; or

(E) an individual who is part of a married couple with at least one spouse domiciled in the State and at least one spouse whose federal income tax filing status is married filing separately with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00;

(3) shall provide not more than one incentive of not more than $6,000.00 for a PEV, per individual per year, to:

(A) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States at or below $60,000.00;

(B) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States at or below $75,000.00;

(C) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States at or below $90,000.00;

(D) an individual who is part of a married couple with at least one spouse domiciled in the State whose federal income tax filing status is married filing jointly with an adjusted gross income under the laws of the United States at or below $90,000.00; or

(E) an individual who is part of a married couple with at least one spouse domiciled in the State and at least one spouse whose federal income tax filing status is married filing separately with an adjusted gross income under the laws of the United States at or below $60,000.00;

(4) shall, as technology progresses, establish a minimum electric range in order for a PHEV to be eligible for an incentive;

(5) shall apply to:

(A) manufactured PEVs with any base Manufacturer's Suggested Retail Price (MSRP) that will be issued a special registration plate by the Commissioner of Motor Vehicles pursuant to 23 V.S.A. § 304a or will predominately be used to provide accessible transportation for the incentive recipient or a member of the incentive recipient's household, provided that the incentive recipient or the member of the incentive recipient's household has a removable windshield placard issued by the Commissioner of Motor Vehicles pursuant to 23 V.S.A. § 304a;

(B) manufactured PHEVs with a base MSRP as determined by the Agency of Transportation and meeting the following requirements:

(i) shall not exceed a base MSRP of $55,000.00;

(ii) shall phase out incentives for PHEVs with an electric range of less than 20 miles as rated by the Environmental Protection Agency when the vehicle was new; and

(iii) shall be benchmarked to a base MSRP of the equivalent of approximately $50,000.00 or less in model year 2023; and

(C) manufactured BEVs with a base MSRP as determined by the Agency of Transportation and meeting the following requirements:

(i) shall not exceed a base MSRP of $55,000.00; and

(ii) shall be benchmarked to a base MSRP of the equivalent of approximately $50,000.00 or less in model year 2023; and

(6) shall provide incentives that may be in addition to any other available incentives, including through another program funded by the State, provided that not more than one incentive under the Incentive Program for New PEVs is used for the purchase or lease of any one PEV.

(c) Administrative costs. Up to 15 percent of any appropriations for the Incentive Program for New PEVs may be used for any costs associated with administering and promoting the Incentive Program for New PEVs.

(d) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of the Incentive Program for New PEVs so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available, and such costs shall be considered administrative costs for purposes of subsection (c) of this section.
19 V.S.A. § 29 — VT Code / Title 19 / Chapter 1 / Section 29
§ 29. Intersecting highways
Status: in_force

A highway joining a throughway at an angle, whether or not it crosses the throughway, shall be deemed to intersect it.
19 V.S.A. § 23 — VT Code / Title 19 / Chapter 1 / Section 23
§ 23. Rights of action; notice
Status: in_force

All rights of action on account of the insufficiency or want of repair of any bridge or culvert on the highways taken over by the State shall exist against the State and not against the town, provided that the notice required in sections 987 and 988 of this title is first given in writing to the Agency, and provided further that liability shall be the same as set forth in section 985 of this title.
19 V.S.A. § 302 — VT Code / Title 19 / Chapter 3 / Section 302
§ 302. Classification of town highways
Status: in_force

(a) For the purposes of this section and receiving State aid, all town highways shall be categorized into one or another of the following classes:

(1) Class 1 town highways are those town highways that form the extension of a State highway route and that carry a State highway route number. The Agency shall determine which highways are to be class 1 highways.

[Subdivision (a)(2) effective until April 1, 2026; see also subdivision (a)(2) effective April 1, 2026 set out below.]

(2) Class 2 town highways are those town highways selected as the most important highways in each town. As far as practicable, they shall be selected with the purposes of securing trunk lines of improved highways from town to town and to places that by their nature have more than normal amount of traffic. The selectmen, with the approval of the Agency, shall determine which highways are to be class 2 highways.

[Subdivision (a)(2) effective April 1, 2026; see also subdivision (a)(2) effective until April 1, 2026 set out above.]

(2) Class 2 town highways are those town highways selected as the most important highways in each town. As far as practicable, they shall be selected with the purposes of securing trunk lines of improved highways from town to town and to places that by their nature have more than normal amount of traffic. The legislative body, with the approval of the Agency, shall determine which highways are to be class 2 highways.

(3) Class 3 town highways:

[Subdivision (a)(3)(A) effective until April 1, 2026; see also subdivision (a)(3)(A) effective April 1, 2026 set out below.]

(A) Class 3 town highways are all traveled town highways other than class 1 or 2 highways. The selectmen, after conference with a representative of the Agency, shall determine which highways are class 3 town highways.

[Subdivision (a)(3)(A) effective April 1, 2026; see also subdivision (a)(3)(A) effective until April 1, 2026 set out above.]

(A) Class 3 town highways are all traveled town highways other than class 1 or 2 highways. The legislative body, after conference with a representative of the Agency, shall determine which highways are class 3 town highways.

(B) The minimum standards for class 3 highways are a highway negotiable under normal conditions all seasons of the year by a standard manufactured pleasure car. This would include sufficient surface and base, adequate drainage, and sufficient width capable to provide winter maintenance, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 3 highway, or section of highway, should be plowed and made negotiable during the winter. However, a property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

(C) A highway not meeting these standards may be reclassified as a provisional class 3 highway if within five years of the determination it will meet all class 3 highway standards.

(4) Class 4 town highways are all town highways that are not class 1, 2, or 3 town highways or unidentified corridors. The selectboard shall determine which highways are class 4 town highways.

[Subdivision (a)(5) effective until April 1, 2026; see also subdivision (a)(5) effective April 1, 2026 set out below.]

(5) Trails shall not be considered highways and the town shall not be responsible for any maintenance, including culverts and bridges.

[Subdivision (a)(5) effective April 1, 2026; see also subdivision (a)(5) effective until April 1, 2026 set out above.]

(5) Trails shall not be considered highways. A municipality shall have the authority to maintain trails but shall not be responsible for any maintenance, including culverts and bridges.

(6) Unidentified corridors.

(A) Unidentified corridors are town highways that:

(i) have been laid out as highways by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and

(ii) do not, as of July 1, 2010, appear on the town highway map prepared pursuant to section 305 of this title; and

(iii) are not otherwise clearly observable by physical evidence of their use as a highway or trail; and

(iv) are not legal trails.

(B) If the conditions in subdivisions (A)(i) and (A)(ii) of this subdivision (6) are met, the legislative body of a municipality or its appointee may, after providing 14 days' advance written notice to the owners of the land upon which the unidentified corridor is located, enter private property to determine whether clearly observable physical evidence exists.

(C) Unidentified corridors shall be open to use by the public, but only in the same manner as they were used during the 10 years prior to January 1, 2006.

(D) A municipality shall not be responsible for maintenance of an unidentified corridor.

(E) Neither the municipality nor any person owning a legal interest in land through which an unidentified corridor may pass or abut shall have a duty of care to persons using the corridor.

(F) An unidentified corridor shall not be deemed to be a subdivision with respect to zoning, tax, and septic issues.

(G) After July 1, 2015, an unidentified corridor shall be discontinued, and the right-of-way shall belong to the owner of the adjoining land. If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

(H) An unidentified corridor shall not create a subdivision with respect to zoning, tax, and septic issues. If the unidentified corridor is reclassified as a class 1, 2, 3, or 4 highway or as a trail, the then- highway or trail shall be recognized as any other highway or trail for the purpose of creating a subdivision with respect to zoning, tax, and septic issues.

(7) Reclassification of unidentified corridors. On or by July 1, 2015 and pursuant to chapter 7, subchapter 2 of this title, an unidentified corridor may be reclassified as a class 1, 2, 3, or 4 highway or as a trail.

(b) The Agency may require any municipality that fails to comply with the class 3 provisional commitments to return all State aid generated by the section or sections of highways involved.
19 V.S.A. § 717 — VT Code / Title 19 / Chapter 7 / Section 717
§ 717. Evidence of highway completion or discontinuance
Status: in_force

(a) The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.

(b) A town or county highway that has not been kept passable for use by the general public for motorized travel at the expense of the municipality for a period of 30 or more consecutive years following a final determination to discontinue the highway shall be presumed to have been effectively discontinued. This presumption of discontinuance may be rebutted by evidence that manifests a clear intent by the municipality or county and the public to consider or use the way as a highway. The presumption of discontinuance shall not be rebutted by evidence that shows isolated acts of maintenance, unless other evidence exists that shows a clear intent by the municipality or county to consider or use the highway as if it were a public right-of-way.

(c) A person whose sole means of access to a parcel of land or portion thereof owned by that person is by way of a town highway or unidentified corridor that is subsequently discontinued shall retain a private right-of-way over the former town highway or unidentified corridor for any necessary access to the parcel of land or portion thereof and maintenance of his or her right-of-way.
19 V.S.A. § 1108 — VT Code / Title 19 / Chapter 11 / Section 1108
§ 1108. Injuring highway
Status: in_force

(a) A person who wantonly or willfully injures a highway, or a bridge, or any of their components by destroying or removing planks, posts, timber, stones, or asphalt surface, or by digging pits for gravel, clay, or for any other purpose, shall forfeit to the town or State, to be expended in repairing highways, not more than $100.00 plus actual costs of repairing damage to be recovered in a civil action in the name of the town or State, with costs.

(b) A person who injures a public highway by obstructing or diverting a stream, watercourse, or sluice, or by dragging logs or timber or any other objects on the road surface, shall be fined not more than $100.00 for each offense. The person shall be further liable to the town or State for the damage to the highway, to be recovered in a civil action, in the name of the town or State.

(c) A person guilty of an offense prohibited in this section, besides the penalty, shall be liable to the town or State, or to any individual, in a civil action, for damages sustained by either in consequence of the acts prohibited, with costs.
19 V.S.A. § 957 — VT Code / Title 19 / Chapter 9 / Section 957
§ 957. Preparation for winter highway
Status: in_force

When the selectboard determines that a winter highway is likely to be needed, it may cause preparation to be made, using the same procedures described in section 923 of this title.
19 V.S.A. § 519 — VT Code / Title 19 / Chapter 5 / Section 519
§ 519. Condominiums; common areas and facilities
Status: in_force

(a) As used in this section, “apartment owner,” “association of owners,” “common areas and facilities,” and “declaration” have the same meanings as in the Condominium Ownership Act, 27 V.S.A. § 1302.

(b) Notwithstanding any other provision of law, whenever the Agency proposes under this chapter to acquire any common areas and facilities of a condominium, the association of owners shall constitute the interested person or persons interested in lands in lieu of the individual apartment owners for purposes of the necessity hearing, the compensation hearing, and any appeals from the necessity hearing or compensation hearing.

(c) The Agency shall serve one copy of the complaint and summons upon the association of owners through one of its officers or agents, instead of upon the individual apartment owners.

(d) The Agency shall make the compensation check payable to the association of owners, which shall then make proportional payments to the apartment owners as their interests appear in the declaration.
19 V.S.A. § 2612 — VT Code / Title 19 / Chapter 26 / Section 2612
§ 2612. Definitions [Repealed effective July 1, 2026]
Status: in_force

As used in this subchapter:

(1) “Facility” means transportation infrastructure that is, or if developed, would be, within the jurisdiction of the Agency or eligible for federal-aid funding managed through the Agency.

(2) “Project” means the capital development of a facility.

(3) “Proposal” means a conditional offer of a private entity that, after review, negotiation, and documentation, and after legislative approval if required under this subchapter, may lead to a P3 agreement as provided in this subchapter.

(4) “Public-private partnership” or “P3” means an alternative project delivery mechanism that may be used by the Agency to permit private sector participation in a project, including in its financing, development, operation, management, ownership, leasing, or maintenance. As used in this subchapter, “partnership” shall refer solely to a “public-private partnership” and “partner” shall refer to the State or to the private entity participant or participants in a public-private partnership.

(5) “P3 agreement” means a contract or other agreement between the Agency and a private entity to undertake a project as a public-private partnership and that sets forth rights and obligations of the Agency and the private entity in that partnership.
19 V.S.A. § 1904 — VT Code / Title 19 / Chapter 19 / Section 1904
§ 1904. Certificate to be filed
Status: in_force

In relinquishments under section 1903 of this title, the Secretary shall file the Agency's certificate of relinquishment with the clerk of the town in which the relinquished highway is located, and the relinquishment shall be effective on the date of the filing unless otherwise set aside or modified under section 1905 of this title.
19 V.S.A. § 5a — VT Code / Title 19 / Chapter 1 / Section 5a
§ 5a. Executive Secretary
Status: in_force

(a) The Board shall appoint an Executive Secretary, who shall serve during its pleasure. The Board members and Executive Secretary shall be sworn to the faithful discharge of the duties of their offices.

(b) The Executive Secretary shall have general charge of the office of the Board, keep a full record of its proceedings, file and preserve at its office or in public records all documents and papers entrusted to his or her care, prepare those papers and notices as may be required of him or her by the Board, and perform other duties that the Board may prescribe. The Executive Secretary shall have power, under the direction of the Board, to issue subpoenas for witnesses and to administer oaths in all cases before the Board or pertaining to the duties of the office.
19 V.S.A. § 2904 — VT Code / Title 19 / Chapter 29 / Section 2904
§ 2904. Replace Your Ride Program
Status: in_force

(a) Creation; administration.

(1) There is created the Replace Your Ride Program, which shall be administered by the Agency of Transportation.

(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of the Program.

(b) Program structure. The Replace Your Ride Program shall structure incentive payments by income to help all Vermonters benefit from replacing lower efficient modes of transportation with modes of transportation that reduce greenhouse gas emissions. The Agency may apply a sliding scale incentive based on electric range, with larger incentives being available for PEVs with a longer electric range.

(c) Incentive amount. The Replace Your Ride Program shall provide up to a $2,500.00 incentive for those who qualify under subdivision (d)(1)(A) of this section and up to a $5,000.00 incentive for those who qualify under subdivision (d)(1)(B) of this section, either of which may be in addition to any other available incentives, including through a program funded by the State, to individuals who qualify based on both income and the removal of an internal combustion vehicle. Only one incentive per individual is available under the Replace Your Ride Program.

(d) Eligibility. Applicants must qualify through both income and the removal of an eligible vehicle with an internal combustion engine.

(1) Income eligibility.

(A) The lower incentive amount of up to $2,500.00 is available to the following, provided that all other eligibility requirements are met:

(i) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00;

(ii) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States greater than $75,000.00 and at or below $125,000.00;

(iii) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00;

(iv) an individual who is part of a married couple with at least one spouse domiciled in the State whose federal income tax filing status is married filing jointly with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00; or

(v) an individual who is part of a married couple with at least one spouse domiciled in the State and at least one spouse whose federal income tax filing status is married filing separately with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00.

(B) The higher incentive amount of up to $5,000.00 is available to the following, provided that all other eligibility requirements are met:

(i) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States at or below $60,000.00;

(ii) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States at or below $75,000.00;

(iii) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States at or below $90,000.00;

(iv) an individual who is part of a married couple with at least one spouse domiciled in the State whose federal income tax filing status is married filing jointly with an adjusted gross income under the laws of the United States at or below $90,000.00;

(v) an individual who is part of a married couple with at least one spouse domiciled in the State and at least one spouse whose federal income tax filing status is married filing separately with an adjusted gross income under the laws of the United States at or below $60,000.00; or

(vi) an individual who is a member of a household with an adjusted gross income that is at or below 80 percent of the State median income.

(2) Vehicle removal.

(A) In order for an individual to qualify for an incentive under the Replace Your Ride Program, the individual must remove an older low-efficiency vehicle from operation and switch to a mode of transportation that produces fewer greenhouse gas emissions. The entity that administers the Replace Your Ride Program, in conjunction with the Agency of Transportation, shall establish Program guidelines that specifically provide for how someone can show that the vehicle removal eligibility requirement has been, or will be, met.

(B) For purposes of the Replace Your Ride Program:

(i) An “older low-efficiency vehicle”:

(I) is currently registered, and has been for two years prior to the date of application, with the Vermont Department of Motor Vehicles;

(II) is currently titled in the name of the applicant and has been for at least one year prior to the date of application;

(III) has a gross vehicle weight rating of 10,000 pounds or less;

(IV) is at least 10 model years old;

(V) has an internal combustion engine; and

(VI) passed the annual inspection required under 23 V.S.A. § 1222 within the prior 18 months.

(ii) Removing the older low-efficiency vehicle from operation must be done by disabling the vehicle's engine from further use and fully dismantling the vehicle for either donation to a nonprofit organization to be used for parts or destruction.

(iii) The following qualify as a switch to a mode of transportation that produces fewer greenhouse gas emissions:

(I) purchasing or leasing a new or used PEV;

(II) purchasing a new or used bicycle, electric bicycle, electric cargo bicycle, adaptive electric cycle, or motorcycle that is fully electric, and the necessary safety equipment; and

(III) utilizing shared-mobility services.

(e) Administrative costs. Up to 15 percent of any appropriations for the Replace Your Ride Program may be used for any costs associated with administering and promoting the Replace Your Ride Program.

(f) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of the Replace Your Ride Program so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available and such costs shall be considered administrative costs for purposes of subsection (e) of this section.
19 V.S.A. § 986 — VT Code / Title 19 / Chapter 9 / Section 986
§ 986. When one town is out of State
Status: in_force

When the damage mentioned in section 985 of this title accrues in consequence of the insufficiency or want of repair of a bridge built and maintained by two or more towns, one or more of which are out of this State, the action shall be brought against the town or towns within this State liable for repairs. The proportion of the damage with costs shall be paid by the town or towns in the proportion in which it or they are liable for the repairs. The court may issue execution as provided in section 985 of this title.
19 V.S.A. § 1709 — VT Code / Title 19 / Chapter 17 / Section 1709
§ 1709. Local service highways
Status: in_force

In the development of any limited access facility, the Agency may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service highways or designate as local service highways any existing highway and may exercise jurisdiction over local service highways in the same manner as over limited access facilities if the local service highways are necessary or desirable. The local service highways shall be separated from the limited access facility.
19 V.S.A. § 2613 — VT Code / Title 19 / Chapter 26 / Section 2613
§ 2613. Authority [Repealed effective July 1, 2026]
Status: in_force

(a) The Agency is authorized to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership. The Agency shall develop, and have authority to amend, criteria to review and evaluate such proposals to determine if they are in the public interest and shall review and evaluate all proposals received in accordance with these criteria. In addition to other criteria that the Agency may develop, at minimum, the criteria shall require consideration of:

(1) the benefits of the proposal to the State transportation system and the potential impact to other projects currently prioritized in the most recently adopted Transportation Program;

(2) the extent to which a proposal would reduce the investment of State funds required to advance the project that the proposal addresses; and

(3) the extent to which a proposal would enable the State to receive additional federal funding that would not otherwise be available.

(b) If the Agency determines that a proposal is in the public interest:

(1) The Agency is authorized to enter into a P3 agreement with respect to the proposal without legislative approval if:

(A) the project has been approved in the most recently adopted Transportation Program; and

(B) total estimated State funding over the lifetime of the project will be less than $2,000,000.00.

(2) For the following projects, the Agency is authorized to enter into a P3 agreement with respect to the proposal only if the Agency receives specific legislative approval to enter into the P3 agreement:

(A) a project that has not been approved in the most recently adopted Transportation Program; or

(B) a project for which total estimated State funding over the lifetime of the project will be $2,000,000.00 or more.
19 V.S.A. § 771 — VT Code / Title 19 / Chapter 7 / Section 771
§ 771. Procedure
Status: in_force

(a) The legislative body of a municipality may discontinue a town highway after following the procedures of sections 708-711 of this title. The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the Supreme Court, a committee of the General Assembly, a turnpike company, or was established in any other manner now or formerly authorized by law.

(b) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the Secretary of Transportation.

(c) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality. If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.
19 V.S.A. § 10f — VT Code / Title 19 / Chapter 1 / Section 10f
§ 10f. Statement of policy; public transportation
Status: in_force

(a) It shall be the State's policy to make maximum use of available federal funds for the support of public transportation. State operating support funds shall be included in Agency operating budgets to the extent that funds are available. It shall be the State's policy to support the maintenance of existing public transportation services, to ensure the rapid replacement of any unplanned decrease in service, and to support the creation of new service that is accessible and affordable to those who use these services.

(b) The Agency of Transportation shall develop and periodically update a plan for investment in public transportation services and infrastructure as part of an integrated transportation system consistent with the goals established in 24 V.S.A. § 5083 and regional transportation development plan proposals and regional plans as required by 24 V.S.A. § 5089. The plan shall include components that shall coordinate rideshare, public transit, park and ride, interstate, and bicycle and pedestrian planning and investment at the State, regional, and local levels, and create or expand regional connections within the State in order to maximize interregional ridesharing and access to public transit.

(c) The Agency shall develop and make available to the traveling public an integrated, statewide online service that coordinates transportation options and provides web-based access to information that will allow the traveling public integrated, convenient, affordable, and dependable access to alternative transportation modes sufficient to allow efficient, cost-effective, and timely travel throughout the State.
19 V.S.A. § 783 — VT Code / Title 19 / Chapter 7 / Section 783
§ 783. Trial by jury; costs
Status: in_force

The town may have a trial by jury regarding its neglect to perform the order of the court and the court may award costs to either party.
19 V.S.A. § 11b — VT Code / Title 19 / Chapter 1 / Section 11b
§ 11b. Town Highway Revolving Fund
Status: in_force

There is created a special account within the Transportation Fund known as the Town Highway Revolving Fund for the purpose of charging the expense for work performed for towns by the Agency. All receipts from towns for performance of these services shall be credited to this account. The Commissioner of Finance and Management may incur overdrafts, not to exceed $250,000.00 in total, in this account in anticipation of amounts due from towns. However, the Commissioner may waive the limitation on overdrafts to the extent that a town's reimbursement to the State is contingent on the town's receipt of emergency relief funds from federal sources.
19 V.S.A. § 1603 — VT Code / Title 19 / Chapter 16 / Section 1603
§ 1603. Authority to pay for certain utility relocation costs
Status: in_force

When relocation of a utility is required by a project for the improvement, construction, or reconstruction of a highway under chapter 15 of this title, the Agency or a municipality, or both, may pay for some or all of the cost of the relocation.
19 V.S.A. § 2604 — VT Code / Title 19 / Chapter 26 / Section 2604
§ 2604. Request for proposals
Status: in_force

The Agency may issue a request for proposals, which shall set forth the scope of work, design parameters, construction requirements, time constraints, and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the Agency. The request for proposals shall include the criteria for acceptable proposals. For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals. In the Agency's discretion, the request for proposals may provide for a process, including the establishment of a team to review proposals, for the Agency to review conceptual technical elements of each proposal before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as nonresponsive. All such conceptual submittals and responses shall be confidential until award of the contract. The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all request-for-proposals requirements.
19 V.S.A. § 518 — VT Code / Title 19 / Chapter 5 / Section 518
§ 518. Minor alterations to existing facilities
Status: in_force

(a) As used in this section, the term “minor alterations to existing facilities” means any of the following activities involving existing facilities, provided the activity does not require a permit under 10 V.S.A. chapter 151 (Act 250):

(1) Activities that qualify as “categorical exclusions” under 23 C.F.R. § 771.117 and the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321-4347.

(2) Activities involving emergency repairs to or emergency replacement of an existing bridge, culvert, highway, or State-owned railroad, even if the need for repairs or replacement does not arise from damage caused by a natural disaster or catastrophic failure from an external cause. Any temporary rights under this subdivision shall be limited to 10 years from the date of taking.

(b) In cases involving minor alterations to existing facilities, the Agency, following the procedures of section 923 of this title, may exercise the powers of a selectboard. However, if an interested person has not provided the Agency with identification information necessary to process payment, or if an owner refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the owner upon his or her providing any necessary identification information. Further, if an appeal is taken under subdivision 923(5) of this title, the person taking the appeal shall follow the procedure specified in section 513 of this title.
19 V.S.A. § 1110 — VT Code / Title 19 / Chapter 11 / Section 1110
§ 1110. Posting of highways
Status: in_force

(a) If the use of a town highway is to be restricted, the selectboard shall post copies of the rules in at least two public places in the town. Posting signs provided by the Agency informing the traveler of the restriction shall be conspicuously placed at each end of the highway or portion of the highway. The Secretary shall be responsible for furnishing notice of any restricted use of State highways.

(b) A person who violates these rules shall be guilty of a traffic offense under 23 V.S.A. chapter 23, for which he or she shall be fined not more than $100.00, and shall be liable to the State or town in which the damage is done for all damages to the highway to be recovered in a civil action.
19 V.S.A. § 1511 — VT Code / Title 19 / Chapter 15 / Section 1511
§ 1511. Town approval of projects on the State highway system
Status: in_force

(a) If a planned highway project is located completely within one town or is located in more than one town and in the event the voters of one of the towns at an annual or special meeting that has been warned, vote against that project within one year after the corridor or corridor design hearing, or both, the project shall be suspended by the Agency of Transportation and the facts related to the project with appropriate recommendations shall be reported to the Transportation Board for its review. The Board shall make its report with recommendations to the General Assembly, which shall order either completion or discontinuance of the project.

(b) The provisions of subsection (a) of this section do not apply to any project that:

(1) has been the subject of a corridor or corridor/design hearing prior to May 1, 1982; or

(2) was specifically designated for one or more of the following: preliminary design; right-of-way acquisition; or construction by the General Assembly prior to May 1, 1982.
19 V.S.A. § 500 — VT Code / Title 19 / Chapter 5 / Section 500
§ 500. Intent
Status: in_force

The purpose of this chapter is to ensure that a property owner receives fair treatment and just compensation when the owner's property is taken for State highway projects, and that condemnation proceedings are conducted expeditiously so that highway projects in the public interest are not unnecessarily delayed.
19 V.S.A. § 25 — VT Code / Title 19 / Chapter 1 / Section 25
§ 25. Settlement and payment
Status: in_force

After receiving the notice provided for in section 23 of this title, the Agency with the approval of the Attorney General may adjust and settle with the person claiming damages, and the Commissioner of Finance and Management shall issue his or her warrant for payment. All money spent under this section shall be drawn from the Transportation Fund.
19 V.S.A. § 2502 — VT Code / Title 19 / Chapter 25 / Section 2502
§ 2502. Town scenic roads; designation and discontinuance
Status: repealed

(a) On recommendation of the planning commission of a municipality, or on the initiative of the legislative body of a municipality, a legislative body may, after one public hearing warned for the purpose, designate or discontinue any town highway or portion of a town highway as a town scenic road. Such action by the legislative body may be petitioned by the registered voters of the municipality pursuant to the provisions of 24 V.S.A. § 1973.

(b) A town scenic road may be reconstructed or improved in a manner consistent with the Agency's Vermont Design Standards, as amended. A class 1, 2, or 3 scenic road shall still be eligible to receive aid pursuant to the provisions of this title. Signs along town scenic roads shall comply with the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended.

(c) [Repealed.]
19 V.S.A. § 755 — VT Code / Title 19 / Chapter 7 / Section 755
§ 755. Petitioners especially benefited
Status: in_force

When the commissioners determine that the petitioners or some of them, will be especially benefited, they may make their decision to lay out the highway conditional upon the payment by the petitioners benefited of money, in the amount as the commissioners deem just, towards the expense of laying out and building the highway. They shall include a statement of the names of the parties benefited and the amount apportioned to each in their report to the Superior Court.
19 V.S.A. § 906 — VT Code / Title 19 / Chapter 9 / Section 906
§ 906. Penalties
Status: in_force

A person who willfully drives over or parks or otherwise impedes normal use on a sidewalk or footpath, except where it is necessary to cross the sidewalk for the purpose of entering private grounds, shall be fined not more than $25.00 nor less than $5.00.
19 V.S.A. § 6 — VT Code / Title 19 / Chapter 1 / Section 6
§ 6. Other boards, commissions, councils, and committees
Status: in_force

(a) All other boards, commissions, councils, and committees that under this chapter are a part of the Agency shall be advisory only.

(b) The Transportation Board is successor to the Public Service Board, the Highway Board, and the Aeronautics Board in the regulatory and quasi-judicial functions related to transportation. It may enforce all orders of those boards that remain in effect.
19 V.S.A. § 911 — VT Code / Title 19 / Chapter 9 / Section 911
§ 911. Apportionment of expense
Status: in_force

The expenses incurred may be apportioned as agreed upon by the committee before the work is begun. Each board named may accept donations for the work. A town or city shall not spend more than one percent of its grand list in any one year, unless a larger sum has been voted at a regular or special meeting warned for that purpose.
19 V.S.A. § 28 — VT Code / Title 19 / Chapter 1 / Section 28
§ 28. Regulatory signs
Status: in_force

Except as provided in 23 V.S.A. § 1074, the designation of a throughway shall not become effective as to regulation of traffic at any point in intersection with any highway until the Agency or the selectboard in a town, as the case may be, shall erect suitable regulatory signs or signals in accordance with the requirements of 23 V.S.A. § 1025. The Agency or the selectboard in a town, as the case may be, may designate any intersection under their respective jurisdictions as a “stop” intersection or a “yield right of way” intersection.
19 V.S.A. § 3 — VT Code / Title 19 / Chapter 1 / Section 3
§ 3. Transportation Board; creation; members
Status: in_force

The Transportation Board is formed to be attached to the Agency of Transportation. There shall be seven members of the Board, appointed by the Governor with the advice and consent of the Senate. The Governor shall so far as is possible appoint Board members whose interests and expertise lie in various areas of the transportation field. The Governor shall appoint the Chair, and the Board may vote to appoint other officers. The members of the Board shall be appointed for terms of three years. Board members may be appointed for two additional three-year terms but shall not be eligible for further reappointment. Not more than four members of the Board shall belong to the same political party. No member of the Board shall:

(1) Have an ownership interest in or be employed by a manufacturer, factory branch, distributor, or distributor branch as defined in 9 V.S.A. chapter 108.

(2) Have an ownership interest in or be a new motor vehicle dealer or an employee of a new motor vehicle dealer as defined in 9 V.S.A. chapter 108.

(3) Be employed by an association of motor vehicle dealers, manufacturers, or distributors as defined in 9 V.S.A. chapter 108.
19 V.S.A. § 2303 — VT Code / Title 19 / Chapter 23 / Section 2303
§ 2303. Rules
Status: in_force

The Secretary may adopt rules concerning the development and use of bicycle routes, pursuant to the provisions of 3 V.S.A. chapter 25.
19 V.S.A. § 1903 — VT Code / Title 19 / Chapter 19 / Section 1903
§ 1903. Relinquishment of control
Status: in_force

(a) The Agency may relinquish to the town in which it is located any portion of the State highway system located on land acquired or to be acquired by the United States or any agency of the United States as contemplated by section 1901 of this title.

(b) When the entire section of an existing State highway, which is replaced or to be replaced as contemplated by section 1901 of this title, is not in fact ultimately acquired by the United States, and so much of the section as is not so acquired is, in the judgment of the Board, no longer needed as a part of the State highway system, the Board may relinquish control of that portion to the town in which that portion is located. However, for the provisions of this chapter, the Dwight D. Eisenhower National System of Interstate and Defense Highways shall not be considered as a replacement for existing State highways.
19 V.S.A. § 970 — VT Code / Title 19 / Chapter 9 / Section 970
§ 970. County road commissioners
Status: in_force

(a) The Superior Court in each county shall appoint three county road commissioners annually, no two of whom shall be residents of the same town. They shall be sworn to the faithful performance of their duties, and shall hold their office for one year or until their successors are appointed. The court shall have the power to remove any commissioner for cause at any time and shall fill vacancies.

(b) The county road commissioners may sign subpoenas requiring witnesses to appear before them and administer oaths and shall each receive the sum of $30.00 per day and expenses while attending to the duties of their office.
19 V.S.A. § 1107 — VT Code / Title 19 / Chapter 11 / Section 1107
§ 1107. Cattle crossing signs
Status: in_force

When requested in writing by a farm operator, the Agency shall furnish at its expense portable or permanent type cattle crossing signs for use on State highways or town highways where cattle must use the traveled surface of the highway to reach fields or pastures. These signs shall conform to the current standards of the Manual on Uniform Traffic Control Devices. The signs shall be permanently installed or may be temporarily displayed at locations designated by the farm operator unless disapproved on the basis of traffic safety by the Agency. Permanent type signs may be installed on State highways by the Agency wherever practical.
19 V.S.A. § 924 — VT Code / Title 19 / Chapter 9 / Section 924
§ 924. Change of grade
Status: in_force

The elevation of a highway shall not be changed by cutting down or raising the roadbed in front of a dwelling house or any other building adjacent to the highway more than three feet without following the procedure under section 923 of this title.
19 V.S.A. § 2505 — VT Code / Title 19 / Chapter 25 / Section 2505
§ 2505. Rights of adjacent landowners
Status: in_force

Nothing in this chapter shall preclude the rights of a landowner from developing property adjacent to a designated scenic road or byway, so long as the development is in accordance with existing law or ordinance.
19 V.S.A. § 2301 — VT Code / Title 19 / Chapter 23 / Section 2301
§ 2301. Definitions
Status: in_force

As used in this chapter:

(1) “Bicycle” means every pedal-driven device propelled by human power having two or more wheels on which a person may ride, including a so-called pedal vehicle that may have an enclosed cab.

(2) “Bicycle route” means any lane, way, or path, designated by appropriate signs, that explicitly provides for bicycle travel.

(3) “Bicycle lane” means a portion of a roadway that has been designated for the preferential or exclusive use of bicycles. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe or similar device. Paved road shoulders are considered bicycle lanes.

(4) “Bicycle path” means a separate trail or path that is for the preferential or exclusive use of bicycles, when authorized by State law or municipal ordinances. Where a trail or path forms a part of a highway, it is separated from the roadway for motor vehicle traffic by an open space or barrier.

(5) “Highways” include all facilities defined in subdivisions 1(12), (20), and (23) of this title.

(6) “Sidewalk” means the portion of a street or highway right-of-way designated for primary or exclusive pedestrian use.
19 V.S.A. § 9 — VT Code / Title 19 / Chapter 1 / Section 9
§ 9. Divisions; general provisions
Status: in_force

(a) A director shall administer each division created within the Agency. The Secretary shall appoint the directors, who shall be exempt from the classified service. The Director of the Highway Division shall be licensed as a professional engineer.

(b) The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of the boards, committees, commissions, or councils that are attached to the Agency for support are exempt from the classified State service. Except as authorized by 3 V.S.A. § 311 or otherwise by law, all other positions shall be within the classified service.

(c) A director, with the approval of the Secretary, may appoint an assistant from existing staff.

(d) No rule or regulation may be issued by a director of a division without the approval of the Secretary or designee.
19 V.S.A. § 2615 — VT Code / Title 19 / Chapter 26 / Section 2615
§ 2615. Report [Repealed effective July 1, 2026]
Status: in_force

(a) Annually, on or before January 15, the Agency shall report to the House and Senate Committees on Transportation:

(1) for each P3 agreement entered into following legislative approval required under this subchapter, for as long as the agreement is in effect, a description of the current status of the project and of any substantive change to the P3 agreement since the prior year's report; and

(2) for each P3 agreement entered into since the prior year's report pursuant to section 2613 of this title that did not require legislative approval, a description of the P3 agreement and of the project.

(b) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required unless the General Assembly takes specific action to repeal the report requirement.
19 V.S.A. § 941 — VT Code / Title 19 / Chapter 9 / Section 941
§ 941. Limitation
Status: in_force

Section 940 of this title shall not authorize the diversion of a stream, so that the value of a mill, manufactory, or machinery propelled by the water of the stream is diminished, without the consent of all interested persons.
19 V.S.A. § 705 — VT Code / Title 19 / Chapter 7 / Section 705
§ 705. Papers to be recorded
Status: in_force

A copy of any order of a court establishing, altering, or discontinuing a highway, together with a survey of so much of the road as is in any one town, certified by the clerk of the court, shall be recorded in the office of the town clerk.
19 V.S.A. § 978 — VT Code / Title 19 / Chapter 9 / Section 978
§ 978. Liability of agent
Status: in_force

An agent appointed under the provisions of this chapter who willfully or negligently fails to spend the money paid to the agent, or to make return to the commissioners or the court of the amount of money not spent by the agent in making or repairing the highway or bridge, as provided in this chapter, shall be liable to the town in which the highway or bridge is situated in a civil action, for all money paid to the agent and not spent as provided in this chapter.
19 V.S.A. § 1710 — VT Code / Title 19 / Chapter 17 / Section 1710
§ 1710. Commercial enterprises prohibited
Status: in_force

Commercial enterprises or activities for serving motorists, other than welcome centers and emergency service for disabled vehicles, are prohibited within or on any property designated as, or acquired for, or in connection with, a limited access facility.
19 V.S.A. § 1109 — VT Code / Title 19 / Chapter 11 / Section 1109
§ 1109. Agency of Transportation rules on abuse of highways
Status: in_force

The Agency of Transportation shall adopt rules as it deems necessary to prevent the abuse of any highway or portion of a highway during any period of any season of the year.
19 V.S.A. § 732 — VT Code / Title 19 / Chapter 7 / Section 732
§ 732. Report
Status: in_force

The court may accept or reject the report in whole or in part or recommit it to the same or new commissioners with such instructions as justice requires.
19 V.S.A. § 1513 — VT Code / Title 19 / Chapter 15 / Section 1513
§ 1513. Historic bridge program
Status: in_force

For the purpose of facilitating compliance with section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f, the Agency and cooperating municipalities, in connection with federal-aid projects affecting historic bridges, are authorized to enter into preservation easement agreements.
19 V.S.A. § 905b — VT Code / Title 19 / Chapter 9 / Section 905b
§ 905b. Crosswalks
Status: in_force

All crosswalk markings shall be of uniform color, dimension, and location and be in conformance with the U.S. Department of Transportation Federal Highway Administrations' Manual on Uniform Traffic Control Devices.
19 V.S.A. § 17 — VT Code / Title 19 / Chapter 1 / Section 17
§ 17. Contracts; labor preference
Status: in_force

A person, firm, or corporation awarded any contract for the construction, reconstruction, improvement, and repair of a highway under the jurisdiction of the Agency shall give preference to Vermont labor and to trucks owned in Vermont and operated by residents of Vermont on all contracts of construction, reconstruction, improvement, and repair, provided this action is not contrary to federal rules and regulations.
19 V.S.A. § 928 — VT Code / Title 19 / Chapter 9 / Section 928
§ 928. Damages; appeal
Status: in_force

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.
19 V.S.A. § 916 — VT Code / Title 19 / Chapter 9 / Section 916
§ 916. Obtaining gravel within road limits
Status: in_force

A town may take gravel, earth, stone, or other material, needed to repair or build highways, that lies within the limits of the highway, whether the material is to be used at the place where taken or elsewhere on town highways.
19 V.S.A. § 752 — VT Code / Title 19 / Chapter 7 / Section 752
§ 752. Court may refuse to appoint commissioners
Status: in_force

When, within five years from the date of the petition, two prior petitions have been brought for substantially the same purpose, and the appointed commissioners' report was adverse to the petition, the court may refuse to appoint commissioners and may dismiss the petition.
19 V.S.A. § 39 — VT Code / Title 19 / Chapter 1 / Section 39
§ 39. Agency of Transportation assistance with municipal salt sheds
Status: in_force

(a) The Agency of Transportation shall work with municipalities to provide assistance in designing effective, low-cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the multisector general permit (MSGP) issued for Vermont by the U.S. Environmental Protection Agency.

(b) The Agency shall explore opportunities for collocation of State and municipal salt or sand storage facilities where collocation would be appropriate.

(c) The Agency of Transportation shall pursue requests for bid for bulk purchases of prototype salt and sand enclosures that would be available to municipalities for purchase.
19 V.S.A. § 24 — VT Code / Title 19 / Chapter 1 / Section 24
§ 24. Venue and service
Status: in_force

Any action against the State shall be brought against the State, returnable to the Superior Court in the county where the damages were sustained. Service of the writ shall be made on the Governor or Attorney General.
19 V.S.A. § 1714 — VT Code / Title 19 / Chapter 17 / Section 1714
§ 1714. Listers' annual report
Status: in_force

The listers of a town entitled to a payment under section 1713 of this title shall report annually the material facts involved, including the amount of the tax loss by reason of the taking of real estate to the Agency, which, after determining the amount of the tax loss, shall certify the loss to the listers. Costs of this program shall be paid from the Transportation Fund. If the selectboard of a town is aggrieved by the determination of the Board, it may, within 21 days after receipt of notice by the listers, appeal to the tax commissioner.
19 V.S.A. § 5b — VT Code / Title 19 / Chapter 1 / Section 5b
§ 5b. Conflicts of interest
Status: in_force

(a) A person in the employ of or holding any official relation to any company subject to the supervision of the Board or the Agency, or engaged in the management of a company that is subject to the supervision of the Board or Agency, or owning stock, bonds, or other securities in the company, or who is in any manner connected with the operation of a company that is subject to the supervision of the Board or Agency in this State, shall not be a member or Executive Secretary of the Board or Secretary of Transportation.

(b) No person holding the office of member, Executive Secretary of the Board, or Secretary of Transportation, either personally or in connection with a partner or agent, may:

(1) render professional service for or against or make or perform any business contract with any company subject to Board or Agency supervision, relating to the business of the company, except contracts made with them as common carriers or in the regular course of public service; or

(2) directly or indirectly receive from a company subject to Board or Agency supervision any commission, present, or reward.
19 V.S.A. § 959 — VT Code / Title 19 / Chapter 9 / Section 959
§ 959. Use and discontinuance
Status: in_force

The selectboard may fix the length of time and conditions of use for the right-of-way. The selectboard may order the right-of-way closed or discontinued when in the selectboard's judgment it is necessary to do so.
19 V.S.A. § 10k — VT Code / Title 19 / Chapter 1 / Section 10k
§ 10k. Statement of policy; asset management; sale of State property
Status: in_force

(a) The Agency shall develop an asset management plan that is a systematic goal- and performance-driven management and decision-making process of operating, maintaining, and upgrading transportation assets cost-effectively. At a minimum, the asset management system shall:

(1) identify transportation system indicators by which the different components of the transportation system may be evaluated;

(2) list all of the infrastructure assets and their condition, including pavements, structures, and facilities;

(3) include deterioration rates for infrastructure assets; and

(4) determine, long-term, the annual funds necessary to fund infrastructure maintenance at the recommended performance level.

(b) The Agency shall not negotiate nor offer for sale any State property for less than fair market value without the prior approval of the General Assembly, if in session, and, if not in session, the Joint Fiscal Committee. The Agency may sell or lease land to municipalities for less than fair market value when and for so long as the land is to be used by the municipality for transportation purposes.
19 V.S.A. § 2311 — VT Code / Title 19 / Chapter 23 / Section 2311
§ 2311. Cooperating agencies
Status: in_force

For the purposes of this chapter, the Agency of Natural Resources shall assist the Agency of Transportation in matters relating to the recreational use and the availability of government funds that might be used for the purposes of this chapter. The Agency of Commerce and Community Development shall assist the Agency of Transportation in matters relating to bicycle tourism.
19 V.S.A. § 2901 — VT Code / Title 19 / Chapter 29 / Section 2901
§ 2901. Definitions
Status: in_force

As used in this chapter:

(1) “Adaptive electric cycle” means an electric bicycle or an electric cargo bicycle that has been modified to meet the physical needs or abilities of the operator or a passenger.

(2) “Electric bicycle” has the same meaning as in 23 V.S.A. § 4(46)(A).

(3) “Electric cargo bicycle” means a motor-assisted bicycle, as defined in 23 V.S.A. § 4(45)(B)(i), with an electric motor, as defined under 23 V.S.A. § 4(45)(B)(i)(II), that is specifically designed and constructed for transporting loads, including at least one or more of the following: goods, one or more individuals in addition to the operator, or one or more animals. A motor-assisted bicycle that is not specifically designed and constructed for transporting loads, including a motor-assisted bicycle that is only capable of transporting loads because an accessory rear or front bicycle rack has been installed, is not an electric cargo bicycle.

(4) “Electric vehicle supply equipment (EVSE)” and “electric vehicle supply equipment available to the public” have the same meanings as in 30 V.S.A. § 201.

(5) “Plug-in electric vehicle (PEV),” “battery electric vehicle (BEV),” and “plug-in hybrid electric vehicle (PHEV)” have the same meanings as in 23 V.S.A. § 4(85).
19 V.S.A. § 1605 — VT Code / Title 19 / Chapter 16 / Section 1605
§ 1605. Eligibility
Status: in_force

(a) Adjustment of utility facilities may be eligible for reimbursement under this chapter when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project's need to address environmental considerations, nondiscriminating local ordinances, safety considerations, or other requirements found to be applicable by the Agency of Transportation. Before finding adjustment of utility facilities to be eligible for reimbursement under this chapter, the Secretary shall make a determination that options other than placing the utilities underground have been considered. Alternative aerial relocation may be eligible for reimbursement in accordance with section 1606 of this title.

(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:

(1) relocation is required by construction or reconstruction of limited-access facilities;

(2) affected utility facilities are located on private property and the utility holds a fee or nonterminable easement in its existing location; or

(3) affected municipal utility facilities are located within municipal highway rights-of-way.
19 V.S.A. § 308 — VT Code / Title 19 / Chapter 3 / Section 308
§ 308. Compliance with provisions
Status: in_force

A town shall not be entitled to receive money from the State under this chapter in any year until it has complied with the provisions of this chapter.
19 V.S.A. § 765 — VT Code / Title 19 / Chapter 7 / Section 765
§ 765. Time limits
Status: in_force

When the Supreme or Superior Court orders a highway to be laid out or altered, it shall fix the time within which owners of lands taken shall remove their buildings, fences, timber, wood, and trees, and open the land for working, and the time when it shall be opened to be occupied; which time, without consent of the owner, shall not be less than two months, nor less than six months if the lands taken have buildings. The court may order sections of a highway to be completed in different times as circumstances may require, but the whole period shall not be less than one year. When the court orders the building of a bridge, it shall fix the time within which it shall be completed, which shall not be less than six months.
19 V.S.A. § 22 — VT Code / Title 19 / Chapter 1 / Section 22
§ 22. Repealed. 2021, No. 184 (Adj. Sess.), § 60, eff. July 1, 2022.
Status: repealed

(Repealed by 2021, No. 184 (Adj. Sess.), § 60, eff. July 1, 2022.)
19 V.S.A. § 16 — VT Code / Title 19 / Chapter 1 / Section 16
§ 16. Duties of Secretary in unorganized towns and gores
Status: in_force

The Secretary shall have the same power in all matters pertaining to the highways in unorganized towns and gores that selectboards have in organized towns, and may spend any available funds, including State aid and local taxes, to assist unorganized towns and gores for this purpose. After exhausting the right of administrative appeal to the Board under subdivision 5(d)(3) of this title, landowners shall have the same right to appeal from the decision of the Board in the exercise of this power as in like proceedings by selectboards in organized towns.
19 V.S.A. § 10n — VT Code / Title 19 / Chapter 1 / Section 10n
§ 10n. Mobility and Transportation Innovations (MTI) Grant Program
Status: in_force

(a) The Mobility and Transportation Innovations (MTI) Grant Program is created within the Public Transit Section of the Agency. The MTI Grant Program shall support innovative transportation demand management programs and transit initiatives that improve mobility and access to services for transit-dependent Vermonters, reduce the use of single-occupancy vehicles, reduce greenhouse gas emissions, and complement existing mobility investments.

(b) Grant awards of not more than $250,000.00 per recipient for capital or operational costs, or both, may be used to create new or expand existing programs for one or more of the following: matching funds for other grant awards, program delivery costs, or the extension of existing programs.

(c) Funding under the MTI Grant Program shall not be used to supplant existing State funding for the same project or program.

(d) In each year in which funding for grants is available:

(1) The Agency shall establish an application period of at least four months.

(2) The Agency shall provide direct assistance to entities requiring technical assistance or prereview of a draft application during the application period.

(3) Grant awards shall be distributed not later than November 30 in each year in which they are offered.
19 V.S.A. § 971 — VT Code / Title 19 / Chapter 9 / Section 971
§ 971. Defective roads and bridges; proceedings
Status: in_force

When a highway or bridge is out of repair or unsafe for travel, any three citizens or taxpayers in the State may give written and signed notice of the insufficiency to the selectboard of the town in which the highway or bridge is situated, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. If the town neglects for 72 hours to respond by either denying the allegation or to commence work upon the highway or bridge, or fails to continue the work in good faith and with reasonable dispatch until the highway or bridge is put in good and sufficient repair, the citizens may file with one of the county road commissioners or the Superior Court for the county in which the highway or bridge is situated a written complaint, signed and sworn to, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. The complainants shall also give the commissioners security by deposit or otherwise for the costs of proceedings under the complaint.
19 V.S.A. § 940 — VT Code / Title 19 / Chapter 9 / Section 940
§ 940. Diversion
Status: in_force

When it appears necessary to protect a highway damaged by or expected to be damaged by flood waters or ice jams, the selectboard may change the course of or widen a stream, or provide storage for accumulated ice, and for these purposes may purchase or take the necessary land. It shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.
19 V.S.A. § 901 — VT Code / Title 19 / Chapter 9 / Section 901
§ 901. Removal of roadside growth
Status: in_force

Except for work that is part of the Transportation Program under section 10g of this title:

(1) A person shall not remove shade trees, as defined in 24 V.S.A. § 2501a, without prior approval of the tree warden pursuant to 24 V.S.A. chapter 67.

(2) A person, other than the abutting landowner or municipality, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of a town highway without first obtaining the consent of the legislative body.

(3) A person, other than the Agency or the abutting landowner, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of lands subject to any ownership interest held by the Agency without first obtaining the Agency's written consent.
19 V.S.A. § 44 — VT Code / Title 19 / Chapter 1 / Section 44
§ 44. Statewide Property Parcel Mapping Program
Status: in_force

(a) Purpose. The purpose of the Statewide Property Parcel Mapping Program is to:

(1) develop a statewide property parcel data layer;

(2) ensure regular maintenance, including updates, of the data layer; and

(3) make property parcel data available to State agencies and departments, regional planning commissions, municipalities, and the public.

(b) Property Parcel Data Advisory Board. The Property Parcel Data Advisory Board (Board) is created for the purpose of monitoring the Statewide Property Parcel Mapping Program and making recommendations to the Agency of how the Program can be improved to enhance the usefulness of statewide property parcel data for State agencies and departments, regional planning commissions, municipalities, and the public. The Board shall comprise:

(1) the Secretary of Transportation or designee, who shall serve as chair;

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Commerce and Community Development or designee;

(4) the Commissioner of Taxes or designee;

(5) a representative of the Vermont Association of Planning and Development Agencies;

(6) a representative of the Vermont League of Cities and Towns; and

(7) a land surveyor licensed under 26 V.S.A. chapter 45 designated by the Vermont Society of Land Surveyors.

(c) Meetings of Board. The Board shall meet at the call of the chair or at the request of a majority of its members. The Agency shall provide administrative assistance to the Board and such other assistance as the Board may require to carry out its duties.

(d) Standards. The Agency shall update the statewide property parcel data layer in accordance with the standards of the Vermont Geographic Information System (VGIS), as specified in 10 V.S.A. § 123 (powers and duties of Vermont Center for Geographic Information).

(e) Funding sources. Federal transportation funds shall be used for the development and operation of the Program. In fiscal year 2018 and in succeeding fiscal years, the Agency shall make every effort to ensure that all State matching funds are provided by other State agencies or external partners, or both, that benefit from the Program.
19 V.S.A. § 796 — VT Code / Title 19 / Chapter 7 / Section 796
§ 796. Petition by selectboard
Status: in_force

When a bridge is required between two towns and the selectboards of the towns do not agree to build it, the selectboard of either town may petition the Superior Court. The petition and citation shall be served on one or more selectboard members of the other town, and the same proceedings shall be had as though application had been made by persons who are either voters or landowners and whose number is at least five percent of the voters.
19 V.S.A. § 2307 — VT Code / Title 19 / Chapter 23 / Section 2307
§ 2307. Municipalities; legislative bodies
Status: in_force

(a) Legislative bodies of municipalities shall have the same powers granted the Agency under sections 2302, 2303, and 2305 of this title relating to highways under their jurisdiction, and funds appropriated to municipalities under section 306 of this title may be used for the establishment of bicycle routes.

(b) In the construction, reconstruction, alteration, or repair of bicycle routes that involves the taking of private lands, the legislative body of a municipality shall follow the procedures outlined in chapter 5 or chapter 7 of this title for the taking of private land for highways.
19 V.S.A. § 1711 — VT Code / Title 19 / Chapter 17 / Section 1711
§ 1711. Unlawful use of limited access facilities
Status: in_force

A person shall not:

(1) drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities;

(2) make a left turn or a semicircular or U-turn except through an opening provided for the purpose in the dividing curb section, separation, or line;

(3) drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; nor

(4) drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, section, or line that separates the service highway from the limited access facility.
19 V.S.A. § 7a — VT Code / Title 19 / Chapter 1 / Section 7a
§ 7a. Hearing before Secretary
Status: in_force

(a) In the administration of the laws relating to highways, the Secretary may conduct hearings, subpoena witnesses, administer oaths, and take testimony. He or she may also cause depositions to be taken and order the production of books, papers, and records relating to the matter under investigation. The fees for travel and attendance of witnesses and fees for officers shall be the same as for witnesses and officers before a Civil Division of the Superior Court and shall be paid by the State upon presentation of proper bills of cost to the Commissioner of Finance and Management. The fees of witnesses summoned or used by the petitioner shall be paid by him or her. The Secretary may appoint a hearing examiner to conduct hearings.

(b) A person aggrieved by the decision of a hearing under subsection (a) of this section may have the decision reviewed on the record by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure unless otherwise specifically provided by law.
19 V.S.A. § 1103 — VT Code / Title 19 / Chapter 11 / Section 1103
§ 1103. Unorganized towns and gores; duties of supervisors
Status: in_force

When an encroachment or nuisance is made or put on a highway in an unorganized town or gore, a complaint may be made to a Superior judge who may issue his or her warrant to the supervisor for the unorganized town or gore, authorizing him or her to cause the encroachment or nuisance to be removed. The supervisor shall have the same power to remove the encroachment or nuisance as is given to selectboards in this chapter, and he or she shall proceed in like manner.
19 V.S.A. § 311 — VT Code / Title 19 / Chapter 3 / Section 311
§ 311. Class 1 and 2 highways; pavement markings
Status: in_force

The Agency shall mark all paved class 1 and 2 highways with painted center lines. The selectboard promptly shall notify the district transportation administrator when these markings have been obliterated by resurfacing.
19 V.S.A. § 37 — VT Code / Title 19 / Chapter 1 / Section 37
§ 37. Impoundments of water created by beaver
Status: in_force

(a) Transportation Board jurisdiction. On petition of the Agency of Transportation, the legislative body of an affected municipality, or the owner or operator of an affected railroad or sponsor of an affected public airport, or on its own motion, the Transportation Board may, after notice and hearing under 3 V.S.A. chapter 25, issue an order requiring the removal or abatement of an impoundment of water created by beaver that threatens to substantially damage or submerge a highway, railroad, or public airport. Notice shall be given to the owner or owners of affected land, the legislative body of the affected municipality, and the Secretary of the Agency of Natural Resources. If the Board determines that an impoundment of water created by beaver threatens to substantially damage or submerge a highway, railroad, or public airport, its order shall direct that the impoundment be abated, with as minimal impact on affected land and natural resources as possible, or if necessary, removed. Persons taking action pursuant to an order of the Board under this subsection shall be exempted from the requirements of 10 V.S.A. § 905(7).

(b) Superior Court jurisdiction. The Transportation Board, the Agency of Transportation, the legislative body of an affected municipality, the owner or operator of an affected railroad or the sponsor of an affected public airport may petition a Superior judge for an emergency order for the removal or abatement of an impoundment of water created by beaver that presents an imminent threat to public safety by substantially damaging or submerging a highway, railroad or public airport. Rule 65 of the Vermont Rules of Civil Procedure shall apply to proceedings under this section. In addition to notice required under Rule 65, notice shall be given to the affected municipality and to the Secretary of the Agency of Natural Resources.
19 V.S.A. § 1704 — VT Code / Title 19 / Chapter 17 / Section 1704
§ 1704. Design of limited access facility
Status: in_force

The Agency may design any limited access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection, it may divide and separate any limited access facility into separate roadways by the construction of raised curbings, central dividing sections or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices. No person may pass to, from, or across limited access facilities from or to abutting lands, except at such designated points as the Agency may permit and upon such terms and conditions as it may specify.
19 V.S.A. § 7 — VT Code / Title 19 / Chapter 1 / Section 7
§ 7. Secretary; powers and duties
Status: repealed

(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency in accord with the transportation policies established under this title.

(c) The Secretary may, with the approval of the Governor, transfer classified positions between the Department, divisions, and other components of the Agency, subject only to personnel laws and rules.

(d) The Secretary shall determine the administrative, operational, and functional policies of the Agency and be accountable to the Governor for these determinations. The Secretary shall exercise the powers and shall perform the duties required for the Agency's effective administration.

(e) In addition to other duties imposed by law, the Secretary shall:

(1) administer the laws assigned to the Agency;

(2) coordinate and integrate the work of the Agency;

(3) supervise and control all staff functions; and

(4) whenever the Agency is developing preliminary plans for a new or replacement maintenance facility or salt shed, first conduct a review of all previously developed building plans and give priority to utilizing a common, uniform, and preexisting design.

(f) The Secretary may, within the authority of relevant State and federal statutes and regulations:

(1) Transfer appropriations or parts of appropriations within or between the Department, divisions, and sections.

(2) Cooperate with the appropriate federal agencies and receive federal funds in support of programs within the Agency.

(3) Submit plans and reports, and in other respects comply with federal laws and regulations that pertain to programs administered by the Agency.

(4) Make rules consistent with the law for the internal administration of the Agency and its programs.

(5) Create advisory councils or committees as he or she deems necessary within the Agency and appoint the members for a term not exceeding his or hers. Councils or committees created pursuant to this subdivision may include persons who are not officers or employees of the Agency.

(6) Provide training and instruction for employees of the Agency at the expense of the Agency, and provide training and instruction for employees of Vermont municipalities. Where appropriate, the Secretary may provide training and instruction for municipal employees at the expense of the Agency.

(7) Organize, reorganize, transfer, or abolish sections and staff function sections within the Agency; except however, the Secretary may not alter the number of highway districts without legislative approval.

(8) [Repealed.]

(g) Any and all functions and duties required by law, rules, or policy to be performed by the Secretary or the Agency may be delegated by him or her to any person or component of the Agency that the Secretary deems appropriate.

(h) The Secretary, with the approval of the Governor, may appoint, outside the classified service, a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary may prescribe. The appointment shall be in writing and recorded in the Office of the Secretary of State. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary's absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.

(i) The Secretary shall assume the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title.

(j) The Secretary may, after consulting with the Secretary of Natural Resources, adopt rules governing public access to and use of environmental mitigation sites administered by the Agency of Transportation. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00.

(k) Upon being apprised of the enactment of a federal law that makes provision for a federal earmark or the award of a discretionary federal grant for a transportation project within the State of Vermont, the Agency shall promptly notify the members of the House and Senate Committees on Transportation and the Joint Fiscal Office. Such notification shall include all available summary information regarding the terms and conditions of the federal earmark or grant. As used in this section, “federal earmark” means a congressional designation of federal aid funds for a specific transportation project or program. When the General Assembly is not in session, upon obtaining the approval of the Joint Transportation Oversight Committee, the Agency is authorized to add new projects to the Transportation Program in order to secure the benefits of federal earmarks or discretionary grants.
19 V.S.A. § 10l — VT Code / Title 19 / Chapter 1 / Section 10l
§ 10l. Agency cooperation with regional planning commissions
Status: in_force

(a) Legislative intent. The General Assembly finds that regional planning commissions possess a unique expertise that enables the Agency to conduct rural transportation planning and local consultation activities that build upon the integration of land use, environmental, and economic development inputs. To ensure the Agency continues to meet its local consultation requirements found in 23 C.F.R. § 250.212, the General Assembly requires the following duties of regional planning commissions as part of an annual contract and work preparing the transportation planning initiative (TPI).

(b) Duties of regional planning commissions. Regional planning commissions, serving areas of the State not qualifying as a Metropolitan Planning Area under federal regulations, shall implement the transportation planning initiative (TPI) program. This program provides the mechanism by which the Agency coordinates policy development and planning to ensure the involvement by Vermont citizens and rural local officials. It shall include:

(1) Ensuring that local officials and citizens are involved in the statewide transportation planning process.

(2) Providing technical assistance to facilitate local officials and staff in making transportation policy and investment decisions.

(3) Coordinating town planning and development regulations to meet better State transportation policies and investment priorities.

(4) Participating in State and national transportation policy and planning development processes to ensure regional and local input.

(5) Implementing a project evaluation process to prioritize all transportation projects within the regions utilizing State or federal funds to be included in the State Transportation Program.

(6) Developing and maintaining a regional, multi-modal transportation plan that clearly details regional and local project, planning, and policy priorities.

(7) Maintaining a regional transportation advisory committee (TAC) that reviews and provides input on all major State and federal transportation planning and policy decisions. In order to facilitate this input, the regional planning commissions, in collaboration with the Agency of Transportation, shall provide warning and notice of all public meetings regarding transportation plans, projects, and proposals.
19 V.S.A. § 996 — VT Code / Title 19 / Chapter 9 / Section 996
§ 996. Highway construction, maintenance, and repair best management practices
Status: in_force

(a) The Agency of Transportation shall work with municipal representatives to revise the Agency of Transportation's Town Road and Bridge Standards in order to incorporate a suite of practical and cost-effective best management practices, as approved by the Agency of Natural Resources, for the construction, maintenance, and repair of all existing and future State and town highways. These best management practices shall address activities that have a potential for causing pollutants to enter the groundwater and waters of the State, including stormwater runoff and direct discharges to State waters. The best management practices shall not supersede any requirements for stormwater management already set forth in 10 V.S.A. §§ 1264 and 1264a that apply to State and town highways.

(b) Beginning January 15, 2013, and every four years thereafter, the Secretary in consultation with municipal representatives and with approval from the Agency of Natural Resources shall review and revise, as appropriate, Town Road and Bridge Standards in order to ensure the standards are protective of water quality.
19 V.S.A. § 309b — VT Code / Title 19 / Chapter 3 / Section 309b
§ 309b. Local match; certain town highway programs
Status: in_force

(a) Notwithstanding subsection 309a(a) of this title, grants provided to towns under the Town Highway Structures Program shall be matched by local funds sufficient to cover 20 percent of the project costs, unless the town has adopted road and bridge standards, has completed a network inventory, and has submitted an annual certification of compliance for town road and bridge standards to the Secretary, in which event the local match shall be sufficient to cover 10 percent of the project costs. The Secretary may adopt rules to implement the Town Highway Structures Program. Town highway structures projects receiving funds pursuant to this subsection shall be the responsibility of the applicant municipality.

(b) Notwithstanding subsection 309a(a) of this title, grants provided to towns under the Class 2 Town Highway Roadway Program shall be matched by local funds sufficient to cover 30 percent of the project costs, unless the town has adopted road and bridge standards, has completed a network inventory, and has submitted an annual certification of compliance for town road and bridge standards to the Secretary, in which event the local match shall be sufficient to cover 20 percent of the project costs. The Secretary may adopt rules to implement the Class 2 Town Highway Roadway Program. Class 2 town highway roadway projects receiving funds pursuant to this subsection shall be the responsibility of the applicant municipality, and a municipality shall not receive a grant in excess of $200,000.00.

(c) Notwithstanding subsections 309a(a), (b), and (c) of this title, a municipality may use a grant awarded under the Town Highway Structures Program or the Class 2 Town Highway Roadway Program to provide the nonfederal matching funds required to draw down a federal earmark or to match grants provided to towns under the American Recovery and Reinvestment Act of 2009 (ARRA). In all such cases, the grant shall be matched by local funds as provided in this section. The intended use of a town highway grant as matching funds for a federal earmark or for grants provided to towns under the ARRA shall not entitle a municipal grant applicant to any priority for a grant award in any fiscal year. When grants awarded under the Town Highway Structures Program or the Class 2 Town Highway Roadway Program are used to satisfy nonfederal matching requirements for federal earmarks or for grants provided to towns under the ARRA, the term “project costs” in subsections (a) and (b) of this section shall refer only to the nonfederal match for the federal earmark or for a grant provided to towns under the ARRA.
19 V.S.A. § 10b — VT Code / Title 19 / Chapter 1 / Section 10b
§ 10b. Statement of policy; general
Status: in_force

(a) The Agency shall be the responsible agency of the State for the development of transportation policy. It shall develop a mission statement to reflect:

(1) that State transportation policy shall be to encompass, coordinate, and integrate all modes of transportation and to consider complete streets, as defined in section 2401 of this title, principles; and

(2) the need for transportation projects that will improve the State's economic infrastructure; use resources in efficient, coordinated, integrated, cost-effective, and environmentally sound ways; reduce vehicle miles traveled within the State when feasible; and that will be consistent with the recommendations of the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b.

(b) The Agency shall coordinate planning, education, and training efforts with those of local and regional planning entities to:

(1) ensure that the transportation system as a whole is integrated; that access to the transportation system as a whole is integrated; and that statewide, local, and regional conservation and efficiency opportunities and practices are integrated; and

(2) support employer-led or local or regional government-led conservation, efficiency, rideshare, and bicycle programs and other innovative transportation advances, especially employer-based incentives.

(c) In developing the State's annual Transportation Program, the Agency shall, consistent with the planning goals listed in 24 V.S.A. § 4302 and with appropriate consideration to local, regional, and State agency plans:

(1) develop or incorporate designs that provide integrated, safe, and efficient transportation and that are consistent with the recommendations of the CEP;

(2) consider complete streets principles in all State- and municipally-managed transportation projects and project phases, including planning, development, construction, and maintenance, except in the case of projects or project components involving unpaved highways;

(3) promote economic opportunities for Vermonters and the best use of the State's environmental and historic resources; and

(4) manage available funding to:

(A) give priority to preserving the functionality of the existing transportation infrastructure, including bicycle and pedestrian trails regardless of whether they are located along a highway shoulder; and

(B) adhere to credible project delivery schedules.

(d) The Agency of Transportation, in developing each of the program prioritization systems schedules for all modes of transportation, shall include the following throughout the process:

(1) The Agency shall annually solicit input from each of the regional planning commissions and the Chittenden County Metropolitan Planning Organization on regional priorities within each schedule, and those inputs shall be factored into the prioritizations for each program area and shall afford the opportunity of adding new projects to the schedules.

(2) Each year, the Agency shall provide in the front of the Transportation Program book a detailed explanation describing the factors in the prioritization system that creates each project list.
19 V.S.A. § 2 — VT Code / Title 19 / Chapter 1 / Section 2
§ 2. Composition of Agency
Status: in_force

(a) The Agency shall be composed of the following:

(1) the Department of Motor Vehicles;

(2) such divisions as the Secretary finds necessary to carry out the provisions of Titles 5 and 19, as well as any other duties imposed by law on the Agency or the Secretary; and

(3) all other boards, councils, committees, or components assigned to or created within the Agency.

(b) The following units are attached to the Agency for administrative support only:

(1) Traffic Committee;

(2) Travel Information Council; and

(3) all transportation and transit authorities established by law or executive order.

(c) The Agency shall administer the provisions of Titles 5, 19, and 23, other than those involving quasi-judicial or regulatory functions assigned to the Board.

(d) The Agency shall also administer other related provisions of law as may be made applicable by law or executive order and perform other functions as may be assigned to it by law or order.

(e) In addition to the authority and administrative jurisdiction set forth in subsection (c) of this section, the Agency shall have the authority and administrative jurisdiction to develop, promote, supervise, and support safe and adequate transportation services.

(f) There shall be a section within the Agency dedicated to assisting municipalities and regions in the development and implementation of locally managed transportation projects.
19 V.S.A. § 18 — VT Code / Title 19 / Chapter 1 / Section 18
§ 18. Wages
Status: in_force

In making up specifications and advertising for bids on highway work, the Agency shall fix, subject to local conditions, the minimum wage per hour for various classes of labor and the minimum to be paid per hour or per cubic yard for trucks that the contractor shall be bound to pay.
19 V.S.A. § 10e — VT Code / Title 19 / Chapter 1 / Section 10e
§ 10e. Statement of policy; railroads
Status: repealed

(a) The General Assembly recognizes that rail service, both passenger and freight, is an integral part of the State's transportation network and that it must be fully integrated into the State's transportation network as a whole. Accordingly, it is hereby declared to be the policy of the State of Vermont:

(1) To provide opportunities for rail passenger services by cooperating with the federal government, other states, and providers of those services, with priority to be given to the services likely to complement the State's other transportation resources and Vermont's economic development efforts and to meet the needs of the traveling public. Goals to increase passenger rail use will be in accordance with the Agency's rail plan.

(2) To preserve and modernize for continued freight railroad service those railroad lines, both within the State of Vermont and extending into adjoining states, that directly affect the economy of the State or provide connections to other railroad lines that directly affect the economy of the State. Goals to increase freight rail use will be in accordance with the Agency's rail plan.

(3) In those cases where continuation of freight railroad service is not economically feasible under present conditions, to preserve established railroad rights-of-way for future reactivation of railroad service, trail corridors, and other public purposes not inconsistent with future reactivation of railroad service.

(4) To seek federal aid for rail projects that implement this section's policy goals.

(5) To maintain and improve intercity bus and rail and freight and commuter rail services, and the necessary intermodal connections, and to increase the efficiency of equipment and the extent to which equipment selection and operation can limit or avoid the emission of greenhouse gases.

(6) To plan for increased ridership with city-to-city and commuter rail service, and for increased coordination of rail service with bus service, car-pooling, and ride-sharing opportunities.

(b) To complement the regular maintenance efforts of the lessee/operators of State-owned railroads, taking into account each line's long-term importance to the State's transportation network, economic development, the resources available to the lessee/operator and relevant provisions of leases and other agreements, the Agency may develop programs to assist in major rehabilitation or replacement of obsolete bridges, structures, rails, and other fixtures.

(c) [Repealed.]
19 V.S.A. § 2309 — VT Code / Title 19 / Chapter 23 / Section 2309
§ 2309. Liability of landowner
Status: in_force

No landowner shall be liable for any property damage or personal injury sustained by any person who is using, for any purpose permitted by State law or by a municipal ordinance, bicycle routes or sidewalks constructed on the landowner's property pursuant to this chapter, unless the landowner charges a fee for the use of the property. Landowner immunity from liability with regard to sidewalks under this section shall not extend to damage or injury to the extent that it arises from negligent, reckless, or willful acts of the landowner.
19 V.S.A. § 1509 — VT Code / Title 19 / Chapter 15 / Section 1509
§ 1509. Construction of federal aid highways
Status: in_force

The Agency is authorized to enter into agreements with federal agencies for financial assistance for highway purposes and to award contracts for the construction of these highways whenever the federal funds are available as stated in section 1508 of this title, and any expenditures made shall be chargeable against the advances authorized in section 1508 of this title. Provided, however, that as soon as any regular appropriated funds become available, to which the expenditures may properly be charged, the Commissioner of Finance and Management shall charge the expenditures to the regular appropriations thereby restoring the amount of the advance so that it will again become available for future use.
19 V.S.A. § 504 — VT Code / Title 19 / Chapter 5 / Section 504
§ 504. Complaint; service; answer
Status: in_force

(a) Verified complaint. If a property owner has not entered into an agreement stipulating to the necessity of a taking and the public purpose of a highway project, and the Agency wishes to proceed with the taking, the Agency shall file a verified complaint in the Civil Division of the Superior Court in a county where the project is located seeking a judgment of condemnation. The complaint shall name as defendants each property owner who has not stipulated to a proposed taking, and shall include:

(1) Statements that the Agency has complied with subsection 503(d) of this chapter.

(2) The Agency's written determination of necessity.

(3) A general description of the negotiations undertaken.

(4) A survey of the proposed project, and legal descriptions of the property and of the interests in the property proposed to be taken. As used in this subdivision, “survey” means a plan, profile, or cross section of the proposed project. The survey and legal descriptions served upon the property owner only need to include the particular property or properties at issue.

(b) Service and notice.

(1) Except as otherwise provided in this section, the Agency shall serve the complaint and summons in accordance with the Vermont Rules of Civil Procedure and section 519 of this chapter.

(2) The Agency shall publish a notice of the complaint, the substance of the summons, and a description of the project and of the lands to be taken in a newspaper of general circulation in the municipalities where the project is located, once a week on the same day of the week for three consecutive weeks. The Agency shall mail a copy of the newspaper notice to the last known address of an interested person not otherwise served, if any address is known. Upon affidavit by the Secretary that diligent inquiry has been made to find all interested persons and, if applicable, that service on a known interested person cannot with due diligence be made in or outside the State by another method prescribed in Rule 4 of the Vermont Rules of Civil Procedure, the newspaper publication shall be deemed sufficient service on all unknown interested persons and all known interested persons who cannot otherwise be served. Service by newspaper publication is complete the day after the third publication.

(3) Unless otherwise served under subdivision (1) of this subsection, the Agency shall mail a copy of the complaint to the clerk, legislative body, and board of listers of each municipality in which land is proposed to be taken. The clerk with responsibility over the land records shall record the copy of the complaint (including the survey), and shall enter the names of the property owners named in the complaint in the general index of transactions affecting the title to real estate.

(c) Necessity, public purpose; default. If an interested person does not file a timely answer denying the necessity of a taking or the public purpose of the project, the court may enter a judgment of condemnation by default.
19 V.S.A. § 713 — VT Code / Title 19 / Chapter 7 / Section 713
§ 713. Time for vacating land
Status: in_force

When the selectboard lays out or alters a highway, it shall fix in its order the time within which the owner of the lands taken shall remove the owner's buildings, fences, timber, wood, or trees. Without the consent of the owner, the time shall not be less than two months; but if the lands taken have buildings, the time shall not be less than six months; nor, in either case, until compensation for damages is paid if the sum fixed by the selectboard is accepted or damages are awarded by referees. Notice of the time when the removal shall be made shall be given to the owner and included in the selectboard's order. An appeal of the damages awarded shall not stay the work contemplated.
19 V.S.A. § 2903 — VT Code / Title 19 / Chapter 29 / Section 2903
§ 2903. MileageSmart
Status: in_force

(a) Creation; administration.

(1) There is created a used high fuel efficiency vehicle incentive program, which shall be administered by the Agency of Transportation and known as MileageSmart.

(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of MileageSmart.

(b) Program structure. MileageSmart shall structure high fuel efficiency purchase incentive payments by income to help all Vermonters benefit from more efficient driving and reduced greenhouse gas emissions, including Vermont's most vulnerable. Specifically, MileageSmart shall:

(1) apply to purchases of used high fuel-efficient motor vehicles, which for purposes of this program shall be pleasure cars with a combined city/highway fuel efficiency of at least 40 miles per gallon or miles-per-gallon equivalent as rated by the Environmental Protection Agency when the vehicle was new; and

(2) provide not more than one point-of-sale voucher worth up to $5,000.00 to an individual who is a member of a household with an adjusted gross income that is at or below 80 percent of the State median income; provided, however, that the Agency of Transportation may reduce the income eligibility threshold based on available funding or applicant volume, or both, in order to prioritize vouchers for households with lower income.

(c) EV infrastructure fees. For the first year that a plug-in electric vehicle, as defined in 23 V.S.A. § 4(85), purchased through MileageSmart is subject to the EV infrastructure fee pursuant to 23 V.S.A. § 361(b) or (c), the amount of the fee shall be an eligible expense under MileageSmart; provided, however, that this expense eligibility shall expire at such time as a mileage-based user fee for pleasure cars that are battery electric vehicles, as defined in 23 V.S.A. § 4(85)(A), takes effect in Vermont.

(d) Administrative costs. Up to 15 percent of any appropriations for MileageSmart may be used for any costs associated with administering and promoting MileageSmart.

(e) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of MileageSmart so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available, and such costs shall be considered administrative costs for purposes of subsection (d) of this section.
19 V.S.A. § 21 — VT Code / Title 19 / Chapter 1 / Section 21
§ 21. Picnic areas and parking places
Status: repealed

(a) The Agency may purchase, or lease, or take in the manner provided in chapter 5 of this title, as part of the highway, land adjacent to any route that is needed for the preservation of its scenic character, or for the purpose of providing picnic or camping grounds, or for parking areas for the use of travelers, provided that land taken for these purposes by condemnation proceedings shall not extend in width more than 250 feet from the center of the traveled portion of the highway (except limited access facilities).

(b) The Agency shall, as a matter of policy, consider the establishment of wayside rest areas when constructing or reconstructing State highways, and when requested, town highways. The cost of building or rebuilding the wayside rest areas shall be included in the costs of constructing or reconstructing that highway. The cost of maintenance of these wayside rest areas shall be included in the cost of maintaining that highway.

(c) [Repealed.]
19 V.S.A. § 2606 — VT Code / Title 19 / Chapter 26 / Section 2606
§ 2606. Best-value award
Status: in_force

(a) If the basis of the award of responsive proposals is best-value, then each proposal shall be submitted by the proposer to the Agency in two separate components: a sealed technical proposal and a sealed price proposal. These two components shall be submitted simultaneously. The Agency shall first open, evaluate, and score each responsive technical proposal, based on the quality criteria contained in the request for proposals. The request for proposals may provide that the range between the highest and lowest quality scores of responsive technical proposals must be limited to an amount certain. During this evaluation process, the price proposals shall remain sealed, and all technical proposals shall be confidential.

(b) After completion of the evaluation of the technical proposals, the Agency shall open and review each price proposal. The Agency shall develop a system for assessing the cost and quality criteria. The Agency shall award the contract to the proposer of the project representing the best value to the Agency.
19 V.S.A. § 950 — VT Code / Title 19 / Chapter 9 / Section 950
§ 950. Establishment by selectboard
Status: in_force

Selectboard may lay out, establish, construct, or cause to be constructed and maintained a drain, ditch, or watercourse leading from a highway in the town, across the lands of any person to a watercourse, to carry away the surface water from the highway, or other drainage necessary for public health, if it judges the public good or the necessity or convenience of individuals requires this work.
19 V.S.A. § 781 — VT Code / Title 19 / Chapter 7 / Section 781
§ 781. Assessment
Status: in_force

When a town does not perform the order of the Supreme or Superior Court as to building a highway or building a bridge, the court may, on application, assess the town a sum sufficient to build and complete the highway or bridge. The assessment shall be spent in building the highway or bridge under the direction of a commissioner to be appointed by the court.
19 V.S.A. § 987 — VT Code / Title 19 / Chapter 9 / Section 987
§ 987. Extent of liability; notice required
Status: in_force

A person shall not recover against a town or other corporation for any damage sustained when crossing a bridge or culvert with a vehicle with a total gross weight exceeding the legal or posted weight limits. An action shall not be had or maintained in any court against a town for injuries received or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more selectboard members of the town in which the bridge or culvert is situated, within 20 days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town.
19 V.S.A. § 501 — VT Code / Title 19 / Chapter 5 / Section 501
§ 501. Definitions
Status: in_force

As used in this chapter:

(1) “Necessity” means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Necessity includes a reasonable need for the highway project in general as well as a reasonable need to take a particular property and to take it to the extent proposed. In determining necessity, consideration shall be given to the:

(A) adequacy of other property and locations;

(B) quantity, kind, and extent of cultivated and agricultural land that may be taken or rendered unfit for use, immediately and over the long term, by the proposed taking;

(C) effect upon home and homestead rights and the convenience of the owner of the land;

(D) effect of the highway upon the scenic and recreational values of the highway;

(E) need to accommodate present and future utility installations within the highway corridor;

(F) need to mitigate the environmental impacts of highway construction; and

(G) effect upon town grand lists and revenues.

(2) Damages resulting from the taking or use of property under the provisions of this chapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.

(3) “Interested person” or “person interested in lands” or “property owner” means a person who has a legal interest of record in the property taken or proposed to be taken.

(4) “Highway” shall include park and rides.
19 V.S.A. § 750 — VT Code / Title 19 / Chapter 7 / Section 750
§ 750. Petition
Status: in_force

When the selectboard does not lay out, alter, or discontinue a highway, or when a highway is laid out by the selectboard and is not built and opened for use within three years, or if discontinued by the selectboard before it is built and opened, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the town may apply for relief by petition in writing to the Superior Court for the same county, or in either county when the highway or bridge is in two counties, for any of these purposes.
19 V.S.A. § 316 — VT Code / Title 19 / Chapter 3 / Section 316
§ 316. Removal of covered bridges; notice
Status: in_force

When a town or the Agency decide that the destruction or removal of a covered bridge is necessary, whether by discontinuance of the highway or to replace the bridge with another structure or for any other reason, notice of the intent to destroy or remove the bridge shall be posted by the officials in three public places in the town where the bridge is located and published on two consecutive days in a newspaper of general circulation in the town. Copies of the notice shall be sent by certified mail to the Governor and the Director of the Division for Historic Preservation not less than 90 days before destruction or removal is to be started, and the date of the proposed destruction or removal shall be stated in the notice. The requirement for a 90-day warning shall not apply in the event of a serious emergency.
19 V.S.A. § 709 — VT Code / Title 19 / Chapter 7 / Section 709
§ 709. Notice and hearing
Status: in_force

The selectboard shall promptly appoint a time and date both for examining the premises and hearing the persons interested, and give 30 days' notice to the petitioners, and to persons owning or interested in lands through which the highway may pass or abut, of the time when they will inspect the site and receive testimony. The selectboard shall also give notice to any municipal planning commission in the town, post a copy of the notice in the office of the town clerk, and cause a notice to be published in a local newspaper of general circulation in the area not less than ten days before the time set for the hearing. The notice shall be given by certified mail sent to the official residence of the person(s) required to be notified.
19 V.S.A. § 2312 — VT Code / Title 19 / Chapter 23 / Section 2312
§ 2312. Statutory construction
Status: in_force

The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter.
19 V.S.A. § 507 — VT Code / Title 19 / Chapter 5 / Section 507
§ 507. Cattle passes
Status: in_force

In its order of condemnation, the court may direct the Agency to install passes under the highway for the benefit of large modern farm properties, the fee title of which is owned by any party to the proceedings, where a reasonable need is shown by the owner. The court may consider evidence relative to present and anticipated future highway traffic volume, future land development in the area, and the amount and type of acreage separated by the highway in determining the need for an underpass of larger dimensions than a standard cattle pass of reinforced concrete, metal, or other suitable material that provides usable dimensions five feet wide by six feet three inches high. Where a herd of greater than 50 milking cows is consistently maintained on the property, the court may direct that the dimensions of the larger underpass shall be eight feet in width and six feet three inches in height to be constructed of reinforced concrete, and the owner of the farm property shall pay one-fourth of the difference in overall cost between the standard cattle pass and the larger underpass. Where the owner of the farm property desires an underpass of dimensions greater than eight feet in width and six feet three inches in height, the underpass may be constructed if feasible and in accordance with acceptable design standards, and the total additional costs over the dimensions specified shall be paid by the owner. The provisions of this section shall not be interpreted to prohibit the Agency and the property owner from determining the specifications of a cattle pass or underpass by mutual agreement at any time, either prior or subsequent to the date of the court's order. The owner of a fee title shall be interpreted to include lessees of so-called lease land.
19 V.S.A. § 516 — VT Code / Title 19 / Chapter 5 / Section 516
§ 516. Relocation
Status: in_force

A municipal corporation affected by a relocation under this chapter may appear and be heard at any proceedings in connection with the relocation. If, after the hearing, the court determines that the relocation of a highway is necessary for the convenience of individuals or of the State, the court shall, by its order, determine under what conditions the Agency of Transportation shall relinquish control to the town of that portion of the State highway system affected by the relocation. When the Agency has complied with the conditions, it shall certify and record this information in the clerk's office of the town in which the highway lies and thereafter the maintenance and control of the portions of the highway relinquished shall be vested in the town where located.
19 V.S.A. § 725 — VT Code / Title 19 / Chapter 7 / Section 725
§ 725. Arbitration
Status: in_force

If the damages offered by the selectboard are unacceptable to the property owner, or interested person, the selectboard, with the consent of the other party, may agree to refer the question of damages to one or more disinterested persons mutually selected, whose award shall be final. The reference and award, and the proceedings used in settling the damages, shall be included in the proceedings of the selectboard returned to the town clerk for recording.
19 V.S.A. § 2101 — VT Code / Title 19 / Chapter 21 / Section 2101
§ 2101. Definitions
Status: in_force

As used in this chapter, unless the context clearly indicates another meaning or different intent:

(1) “Eligible person” means any individual; family; business concern, including the operation of a farm; and nonprofit organization displaced by construction on any highway project undertaken by the State of Vermont.

(2) “Individual” means a person who is not a member of a family as defined in this section.

(3) “Family” means two or more persons who are living together in the same quarters.

(4) “Business concern” means a corporation, partnership, individual, or other private entity engaged in a business or professional activity necessitating tangible property for the carrying on of the business or profession on the premises.

(5) “Moving expense” means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, and reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection with effecting the reinstallation.
19 V.S.A. § 757 — VT Code / Title 19 / Chapter 7 / Section 757
§ 757. Filing of survey and appraisal
Status: in_force

The commissioners shall also file a copy of the survey and the appraisal of damages in the town clerk's office at the time of filing their report in the Superior Court.
19 V.S.A. § 1505 — VT Code / Title 19 / Chapter 15 / Section 1505
§ 1505. Federal bridges; construction
Status: in_force

In the construction of highways under the provisions of the Federal Aid Road Act, the Agency by agreement with the selectboard of the town in which a bridge is located may repair, build, or rebuild the bridge. A portion of the cost of the bridge work, in the discretion of the Agency and approved by the Board, may be paid out of the appropriation to aid towns for bridges.
19 V.S.A. § 945 — VT Code / Title 19 / Chapter 9 / Section 945
§ 945. Proceedings
Status: in_force

When it is necessary for the protection of a highway to erect an embankment or dike upon the banks of a stream, and the owner of the stream or of the lands adjacent will not permit town officials to enter upon the lands for this purpose, or requires them to pay a greater sum than in their judgment they ought to pay, the selectboard may take the land following the procedures established in section 923 of this title.
19 V.S.A. § 731 — VT Code / Title 19 / Chapter 7 / Section 731
§ 731. Impartial appraisals
Status: in_force

The commissioners shall be sworn to make impartial appraisals. They shall give at least six days' notice of the time of making the appraisal to one or more of the selectboard members and, at the time appointed, examine the premises, make the appraisal, and report their findings as directed in their instructions from the court.
19 V.S.A. § 904 — VT Code / Title 19 / Chapter 9 / Section 904
§ 904. Tree and brush removal
Status: in_force

The legislative body of a municipality, if necessary, shall cause to be cut and burned, or removed from within the limits of the highways under its care, trees and bushes that obstruct the view of the highway ahead or that cause damage to the highway or that are objectionable from a material or scenic standpoint. Trees that have been set out or marked by the abutting landowners and shade trees that have been designated pursuant to 24 V.S.A. chapter 67 shall be preserved if the usefulness or safety of the highway is not impaired. Young trees standing at a proper distance from the roadbed and from each other, and banks and hedges of bushes that serve as a protection to the highway or add beauty to the roadside, shall be preserved. On State highways, the Secretary shall have the same authority as the legislative body.
19 V.S.A. § 956 — VT Code / Title 19 / Chapter 9 / Section 956
§ 956. Damages
Status: in_force

Before opening a winter highway, the selectboard shall follow the procedures established in section 923 of this title.
19 V.S.A. § 905a — VT Code / Title 19 / Chapter 9 / Section 905a
§ 905a. Curb cuts and ramps
Status: in_force

All newly constructed intersections or curbs in the State used by pedestrians shall be constructed with curb cuts or ramps that enable persons with ambulatory disabilities to have access to the sidewalk. Specifications for design of curb cuts or ramps shall be in accordance with the American National Standards Institute. All curb cuts or ramps in the State shall be of a uniform design where practical.
19 V.S.A. § 726 — VT Code / Title 19 / Chapter 7 / Section 726
§ 726. Petition to Superior Court
Status: in_force

A person not satisfied with the damages offered by the selectboard, or any decision made by the selectboard, may apply to the Civil Division of the Superior Court for the appointment of commissioners to appraise the damages. Any other persons claiming damages on account of the highway may join in the petition, but filing the petition shall not delay the opening of the highway.
19 V.S.A. § 38 — VT Code / Title 19 / Chapter 1 / Section 38
§ 38. Transportation Alternatives Grant Program
Status: repealed

(a), (b) [Repealed.]

(c) The Transportation Alternatives Grant Program is created. The Grant Program shall be administered by the Agency and shall be funded in the amount provided for in 23 U.S.C. § 133(h), less the funds set aside for the Recreational Trails Program. Awards shall be made to eligible entities as defined under 23 U.S.C. § 133(h), and awards under the Grant Program shall be limited to the activities authorized under federal law and shall not exceed $300,000.00 per grant allocation.

(d) Eligible entities awarded a grant must provide all funds required to match federal funds awarded for a Transportation Alternatives project. All grant awards shall be decided and awarded by the Agency.

(e) Transportation Alternatives grant awards shall be announced annually by the Agency not earlier than December and not later than the following March.

(f)(1) In fiscal year 2024 and thereafter, 50 percent of Grant Program funds, or such lesser sum if all eligible applications amount to less than 50 percent of Grant Program funds, shall be reserved for municipalities for environmental mitigation projects relating to stormwater and highways, including eligible salt and sand shed projects, and the balance of Grant Program funds shall be awarded for any eligible activity and in accordance with the priorities established in subdivision (2) of this subsection.

(2) In evaluating applications for Transportation Alternatives grants, the Agency shall give preferential weighting to projects involving as a primary feature a bicycle or pedestrian facility. The degree of preferential weighting and the circumstantial factors sufficient to overcome the weighting shall be in the complete discretion of the Agency.

(g) The Agency shall develop an outreach and marketing effort designed to provide information to communities with respect to the benefits of participating in the Transportation Alternatives Grant Program. The outreach and marketing activities shall include apprising municipalities of the availability of grants for salt and sand sheds. The outreach effort should be directed to areas of the State historically underserved by this Program.
19 V.S.A. § 12a — VT Code / Title 19 / Chapter 1 / Section 12a
§ 12a. Transportation Program provided to the Committees on Transportation
Status: in_force

The Transportation Program shall be provided by the Agency of Transportation to the members of the House and Senate Committees on Transportation following the presentation of the State budget to the General Assembly by the Governor as required by 32 V.S.A. § 306.
19 V.S.A. § 2605 — VT Code / Title 19 / Chapter 26 / Section 2605
§ 2605. Low-bid award
Status: in_force

If the basis of the award of responsive proposals is low-bid, then each proposal, including the price or prices, shall be sealed by the proposer and submitted to the Agency as one complete package. The Agency shall award the design-build contract to the proposer that submits a responsive proposal with the lowest cost, if the proposal meets all request-for-proposals requirements.
19 V.S.A. § 952 — VT Code / Title 19 / Chapter 9 / Section 952
§ 952. Maintenance
Status: in_force

The town shall properly maintain the drain, ditch, or watercourse and keep it in good and sufficient repair until, upon notice and hearing, it is discontinued.
19 V.S.A. § 775 — VT Code / Title 19 / Chapter 7 / Section 775
§ 775. Title to discontinued highway
Status: in_force

The selectboard shall notify the Commissioner of Forests, Parks and Recreation when it has filed a petition to discontinue a highway under this subchapter. The selectboard may designate the proposed discontinued highway as a trail, in which case the right-of-way shall be continued at the same width. The Commissioner of Forests, Parks and Recreation with the approval of the selectboard may also make this designation. If the discontinued highway is not designated as a trail, the right-of-way shall belong to the owners of the adjoining lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.
19 V.S.A. § 10m — VT Code / Title 19 / Chapter 1 / Section 10m
§ 10m. Statement of policy; sustainable building components; annual report
Status: in_force

(a) Policy. It shall be the State's policy to use sustainable building components, including recycled materials and manufacturing byproducts, in all maintenance, construction, and improvement projects within the State's Transportation Program to the extent that sources of quality sustainable building components are available and the use is consistent with producing transportation assets with a demonstrated evidence of long-term durability.

(b) Specifications. The Agency shall define its performance and related specifications and contract bid documents to allow and, as practicable, encourage the use of sustainable building components.

(c) Recycled asphalt pavement. Recycled asphalt pavement (RAP) shall be used on all Agency paving projects to the extent sources of RAP of a quality comparable to hot mix asphalt is available. The Agency shall define paving project specifications and contract bid documents to allow for the use of up to 50 percent RAP.

(d) Research and testing. The Agency is encouraged to continue researching, testing, and, wherever practicable, using sustainable building components, pozzolans, and alternatives to Portland Cement as part of the construction specifications for all transportation infrastructure projects.

(e) Annual report. The Agency, in consultation with the Recycled Materials Working Group, shall, during each session of the General Assembly, provide an oral report to the House and Senate Committees on Transportation on the use of sustainable building components in maintenance, construction, and improvement projects within the State's Transportation Program.
19 V.S.A. § 925 — VT Code / Title 19 / Chapter 9 / Section 925
§ 925. Laying fences down
Status: in_force

When the selectboard determines that a highway is liable to be obstructed by snowdrifts, and the fences adjoining the highway can be conveniently laid down, it may cause any portion to be laid down during the winter.
19 V.S.A. § 11d — VT Code / Title 19 / Chapter 1 / Section 11d
§ 11d. Funds for rehabilitation of historic bridges
Status: in_force

(a) Notwithstanding 32 V.S.A. § 706(1) and (2), the Agency of Transportation may transfer funds to the Division for Historic Preservation in the Agency of Commerce and Community Development to be used for the following purposes:

(1) Repairing, rehabilitating, restoring, and maintaining historic bridges. To the maximum extent feasible, bridges shall be made available to the public for transportation and recreational uses, including bicycle paths, hiking trails, snowmobile trails, fishing access, picnic areas, or rest stops.

(2) Grants to municipalities, nonprofit corporations, State agencies, or other responsible parties for the repair and maintenance of historic bridges.

(3) Funding for planning and engineering studies for the preservation of historic bridges.

(4) Moving, storing, or otherwise preserving historic bridges.

(b) Funds transferred may include appropriations from the Transportation Fund, federal funds made available to mitigate the adverse effects of new construction on historic bridges, and monies from other public or private sources.

(c) Transfer of funds under this section shall constitute acceptance by the Division for Historic Preservation that funds transferred will be used solely for the preservation of historic bridges as outlined in subsection (a) of this section. Transfers, however, may be conditioned upon use for one or more specific purposes identified by subsection (a) of this section.
19 V.S.A. § 743 — VT Code / Title 19 / Chapter 7 / Section 743
§ 743. Opening of highway stayed; damages
Status: in_force

When the appeal to the Superior Court is based on objections to the necessity of taking the land, or on dissatisfaction with the laying out, alteration, or resurvey by the selectboard members, the opening of the highway shall be stayed until the court renders its decision. The court may fix the time when it shall be opened, as provided in this chapter, and for paying damages awarded when the appeal includes or relates solely to the question of damages.
19 V.S.A. § 992 — VT Code / Title 19 / Chapter 9 / Section 992
§ 992. Notice before indictment
Status: in_force

A town shall not be indicted for not keeping in repair its highways and bridges unless a notice describing the highway or bridge complained of and describing in general terms its defects, signed by some person residing in the State, is delivered to one of the selectmen at least 12 days before the return date of the complaint to the court to which the complaint is made.
19 V.S.A. § 513 — VT Code / Title 19 / Chapter 5 / Section 513
§ 513. Appeal of damages decision; jury trial
Status: in_force

(a) A party dissatisfied with a decision of the Transportation Board as to the amount or apportionment of damages awarded may appeal to a Superior Court where the land is situated within 30 days after the date of the decision, and any number of persons aggrieved may join in the appeal.

(b) A party appealing the award of the Board is entitled to a jury trial in the Superior Court upon demand.

(c) A party aggrieved by a Superior Court decision on damages under this section or section 511 of this chapter may appeal to the Supreme Court in accordance with the Vermont Rules of Appellate Procedure.
19 V.S.A. § 703 — VT Code / Title 19 / Chapter 7 / Section 703
§ 703. Widening of highways
Status: in_force

If the width of a highway as laid out is less than the law or the public convenience requires, the selectboard may widen the highway accordingly. Persons whose lands are taken or are damaged shall be entitled to compensation.
19 V.S.A. § 816 — VT Code / Title 19 / Chapter 7 / Section 816
§ 816. Access roads; State aid; application
Status: in_force

When after hearing on a petition or on their own motion, the selectboard finds that the convenience of the inhabitants and the public good require that a highway be laid out or altered to provide access to a recreational, industrial, or community service area and that the estimated costs of taking land for constructing the highway exceed the amount available to the town for highway construction for the preceding two years, the selectboard may apply in writing to the Board for additional money to construct the highway. A “community service” area is one having an institution or facility for providing legally authorized educational, social, or welfare services to the public such as schools, hospitals, medical centers, or nursing homes.
19 V.S.A. § 506 — VT Code / Title 19 / Chapter 5 / Section 506
§ 506. Recording of judgment or notice of condemnation; payment; vesting of title
Status: repealed

(a)(1) Within 15 business days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall:

(A) record the judgment or notice, including the description of the property taken, in the office of the clerk of the town where the land is situated; and

(B) tender to the property owner, or deposit with the court, the amount of the offer of just compensation prepared under subsection 503(b) of this chapter or any other amount agreed to by the owner.

(2) For the purposes of this chapter, if an interested person has not provided the Agency identification information necessary to process payment, or if an interested person refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the interested person upon his or her providing any necessary identification information.

(b) Title in the property shall vest in the State, and the Agency may proceed with the project, upon the later of:

(1) the Agency's complying with the requirements of subsection (a) of this section; and

(2) the Agency's mailing or delivering to the owner a notice of taking stating that it has complied with the requirements of subsection (a) of this section.

(c) Except in the case of agreed compensation, an owner's acceptance and use of a payment under this section does not affect his or her right to contest or appeal damages under sections 511-513 of this chapter but shall bar the owner's right to contest necessity and public purpose.

(d) Upon the Agency's recording of the judgment or notice of condemnation, the clerk with responsibility over land records shall enter the name of each property owner named in the judgment or notice as a grantor in the general index of transactions affecting the title to real estate. The Agency shall comply with the provisions of 27 V.S.A. chapter 17 governing the composition and recording of project layout plats.

(e) [Repealed.]
19 V.S.A. § 1715 — VT Code / Title 19 / Chapter 17 / Section 1715
§ 1715. Time limit
Status: in_force

Sections 1713 and 1714 of this title shall continue in effect as to any town affected until its grand list times its tax rate equals the grand list times the tax rate last preceding the date of the taking of real estate by the State or for a period of five years, whichever date comes first.
19 V.S.A. § 819 — VT Code / Title 19 / Chapter 7 / Section 819
§ 819. Other investigation
Status: in_force

The applicant town should also consult with such other agencies or departments of State government, including the Agency of Commerce and Community Development, the Department of Health, and the Department of Forests, Parks and Recreation, as may be necessary to furnish the General Assembly with complete information as to the effect of the proposed highway and the development of the facilities upon the community and the State. Whenever a town informs one of those departments or agencies that it has applied for funds under this subchapter and needs assistance to develop the information needed to support the advisability of constructing the highway, that department or agency promptly shall investigate the proposal and provide a complete report to the town. Upon request, a copy shall be provided to the General Assembly.
19 V.S.A. § 11c — VT Code / Title 19 / Chapter 1 / Section 11c
§ 11c. Deposit in escrow account of amounts retained from progress payments
Status: in_force

Upon satisfactory completion of the contract work and full settlement or payment of all damages, claims, or liabilities incurred in connection with the contract work, the retained percentage and any interest accrued, shall be paid to the contractor or consultant. If the escrow conditions are not fulfilled, then the Agency shall be paid the retained percentage and any interest accrued or such amount necessary to settle or pay the damages, claims, or liabilities.
19 V.S.A. § 2904a — VT Code / Title 19 / Chapter 29 / Section 2904a
§ 2904a. Replace Your Ride Program flexibility; emergencies
Status: in_force

Notwithstanding subdivisions 2904(d)(2)(A) and (d)(2)(B)(i)(IV)–(VI) of this chapter, the Agency of Transportation is authorized to waive or modify the eligibility requirements for the Replace Your Ride Program under subdivisions (d)(2)(B)(i)(IV)–(VI) that pertain to the removal of an eligible vehicle as required under subdivision 2904(d)(2)(A) of this chapter provided that:

(1) the Governor has declared a state of emergency under 20 V.S.A. chapter 1 and, due to the event or events underlying the state of emergency, motor vehicles registered in Vermont have been damaged or totaled;

(2) the waived or modified eligibility requirements are prominently posted on any websites maintained by or at the direction of the Agency for purposes of providing information on the vehicle incentive programs;

(3) the waived or modified eligibility requirements are only applicable:

(A) upon a showing that the applicant for an incentive under the Replace Your Ride Program was a registered owner of a motor vehicle that was damaged or totaled due to the event or events underlying the state of emergency at the time of the event or events underlying the state of emergency; and

(B) for six months after the conclusion of the state of emergency; and

(4) the waiver or modification of eligibility requirements and resulting impact are addressed in the annual reporting required under section 2905 of this chapter.
19 V.S.A. § 793 — VT Code / Title 19 / Chapter 7 / Section 793
§ 793. Proceedings by selectboards
Status: in_force

The selectboards shall proceed in the same manner as the selectboard of one town in laying out highways or building bridges. A copy of the selectboards' findings shall be filed with the clerk of each town within six months from the time of final hearing on the application and the selectboards' order and surveys shall be recorded in each town clerk's office and the selectboards' decision shall be binding on their respective towns.
19 V.S.A. § 1708 — VT Code / Title 19 / Chapter 17 / Section 1708
§ 1708. New and existing facilities; grade crossing eliminations
Status: in_force

(a) The Agency, with approval of the Governor, may designate and establish new facilities, or existing highways, as included within a limited access facility. The Agency, with approval of the Governor, may eliminate intersections at grade of limited access facilities with existing State and town highways, by grade separation or service road, or by closing off those highways at the right-of-way boundary line of the limited access facility.

(b) After the establishment of any limited access facility, no highway that is not part of the facility shall intersect it at grade. No highway or other public way may be opened into or connected with any limited access facility without prior written consent and approval of the Board. Its approval and consent shall be given only if the Board, after conducting a public hearing and giving due consideration to the technical recommendations of the Agency, finds that the public interest will be served. Notice of the date, time, and place of the public hearing shall be given to the Secretary of Transportation, the legislative body of the municipality, the municipal planning commission, the regional planning commission, and the Agency of Natural Resources and shall be published in a newspaper having general circulation in the municipality in which the limited access facility lies.
19 V.S.A. § 1101 — VT Code / Title 19 / Chapter 11 / Section 1101
§ 1101. Concurrent authority; class 1 highways
Status: in_force

On all class 1 highways, and the bridges on class 1 highways, the Agency shall have concurrent authority and jurisdiction with the selectboard in all matters within the authority and jurisdiction of the selectboard under the provisions of this chapter. If a person named in an order made by the Agency under the authority of this section neglects or refuses to comply with the order within the time prescribed by law, the Agency may report the neglect or refusal to the State's Attorney of the county where the highway or bridge mentioned in the order is located.
19 V.S.A. § 2305 — VT Code / Title 19 / Chapter 23 / Section 2305
§ 2305. Agency powers and duties
Status: in_force

The Agency:

(1) may acquire, in accordance with the procedures of chapter 5 of this title or by gift, any real property or interest in real property that shall be necessary or appropriate for the development of bicycle routes; and

(2) shall assist and cooperate with regional planning commissions, municipal governments, other State agencies, and citizens' groups in the development and construction of local and regional bicycle projects and in the application for any funds available for these projects.
19 V.S.A. § 27 — VT Code / Title 19 / Chapter 1 / Section 27
§ 27. Throughway designation
Status: in_force

The Agency may designate any State highway or part of a State highway as a throughway and, after notice, may revoke the designation. A town may designate any town highway or part of a town highway within the control of the town as a throughway and, after notice, may revoke the designation.
19 V.S.A. § 45 — VT Code / Title 19 / Chapter 1 / Section 45
§ 45. Heating systems
Status: in_force

(a) In accordance with the renewable energy goals set forth in the State Comprehensive Energy Plan, the Agency of Transportation shall strive to meet not less than 35 percent of its thermal energy needs from non-fossil fuel sources by 2025 and 45 percent by 2035.

(1) In order to meet these goals, the Agency will need to use more renewable fuels, such as local wood fuels, to heat its buildings and continue to increase its use of electricity that is generated from renewable sources.

(2) When building new Agency facilities or replacing heating equipment that has reached the end of its useful lifespan, the Agency shall prioritize switching to high-efficiency, advanced heating systems.

(b) On or before October 1 every other year, the Agency shall report to the Department of Buildings and General Services the percentage of the Agency's thermal energy usage during each of the previous two fiscal years that came from fossil fuels and from non-fossil fuels. The Agency shall report its non-fossil fuel percentage by fuel source and shall identify each type and amount of wood fuel used.
19 V.S.A. § 2105 — VT Code / Title 19 / Chapter 21 / Section 2105
§ 2105. Matching funds
Status: in_force

When federal funds are available for payment of direct financial assistance in situations caused by highway acquisition, the Agency may match federal funds to the extent provided by federal law and to provide direct financial assistance in the instances and on the conditions set forth by federal law and regulations.
19 V.S.A. § 704 — VT Code / Title 19 / Chapter 7 / Section 704
§ 704. Survey and boundaries
Status: in_force

When the selectboard accepts, lays out, or alters a highway, as provided in this chapter, it shall cause a survey to be made in accordance with the provisions of section 33 of this title and shall mark each termination of the survey by a permanent monument or boundary or refer the termination or survey by course and distance, to some neighboring permanent monument. The survey shall describe the highway and the right-of-way by courses, distances, and width, and shall describe the monuments and boundaries.
19 V.S.A. § 733 — VT Code / Title 19 / Chapter 7 / Section 733
§ 733. Costs
Status: in_force

When the appraisal by the commissioners is more than was offered by the selectboard, the town shall pay the costs; when less, costs shall be borne by the petitioner.
19 V.S.A. § 2401 — VT Code / Title 19 / Chapter 24 / Section 2401
§ 2401. Definition
Status: in_force

As used in this chapter, “complete streets” means streets that provide safe and accessible options for multiple travel modes for individuals of all ages and abilities, including walking, cycling, public transportation, and motor vehicles.
19 V.S.A. § 511 — VT Code / Title 19 / Chapter 5 / Section 511
§ 511. Determination of damages
Status: in_force

(a) Disputes between a property owner and the Agency on the amount of compensation to be paid as a result of a taking shall be resolved as follows:

(1) If the owner's demand exceeds the Agency's offer of just compensation by $25,000.00 or less, the owner may obtain a determination of damages by either:

(A) petitioning the Transportation Board; or

(B) filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.

(2) If the owner's demand exceeds the Agency's offer of just compensation by more than $25,000.00, the owner may obtain a determination of damages by filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.

(3) A property owner may file a petition, complaint, or motion under subdivision (1) or (2) of this subsection not later than 90 days after the date of the notice of taking required under subsection 506(b) of this chapter.

(4) A petition improperly filed with the Board shall be transferred to the Superior Court and, upon such transfer, the owner shall be responsible for applicable court filing fees.

(b) The Board or the court shall appoint a time and place in a county where the land is situated for a hearing, giving the parties at least 10 days' written notice of the hearing. If the property taken extends into two or more counties, the Board or court may hold a single hearing in one of the counties to determine damages. In fixing the place for the hearing, the Board or court shall consider the needs of the parties.

(c) Unless the parties otherwise agree or unless the Board or the court determines that it is in the public interest to proceed on the question of damages, any proceedings to determine damages shall be stayed pending the final disposition of any appeal of the questions of necessity or public purpose.

(d) Upon demand, a party is entitled to a jury trial in Superior Court on the issue of damages.

(e) The Board or the court shall first determine the total damages as between the Agency and all interested persons claiming an interest in a subject property, and the Agency may thereafter withdraw from further proceedings with respect to that property. The Board or the court shall then determine any further questions in the matter, including the apportionment of damages among interested persons. Any Board decision on damages shall include findings of fact, and shall be served on the parties immediately after its issuance.
19 V.S.A. § 706 — VT Code / Title 19 / Chapter 7 / Section 706
§ 706. Duties of commissioners appointed by the Supreme or Superior Court
Status: in_force

Any commissioners appointed by the Supreme or Superior Court to build or repair a bridge or lay out, alter, or discontinue a highway may order the town or towns, in or through which they lay out or alter a highway, to grade the hills to such inclination as they deem proper and to gravel the portions they deem necessary. The commissioners shall estimate the expense and report to the court. The court may accept or reject the report in whole or in part and order the town or towns to gravel portions of the highway and to grade the hills in the manner and to the extent it deems proper.
19 V.S.A. § 2404 — VT Code / Title 19 / Chapter 24 / Section 2404
§ 2404. Annual report; public data source
Status: in_force

(a) Annual report. Notwithstanding 2 V.S.A. § 20(d), the Agency shall annually, on or before September 1 starting in 2025, submit a report detailing the State's efforts in following the complete streets policy established in section 2402 of this chapter during the previous fiscal year to the House and Senate Committees on Transportation.

(b) Public data source.

(1) The Agency of Transportation shall maintain a web-accessible and web-searchable data source dedicated to complete streets on the Agency's website that shall contain information on all State-managed transportation projects that have been bid since January 1, 2023, including a description of the project, the location of the project, which complete streets principles were incorporated in the project, as applicable, and an explanation as to which circumstance or circumstances contained in subsection 2403(a) of this chapter existed in the case of projects not incorporating complete streets principles.

(2) The web-accessible and web-searchable data source required under this subsection shall be updated on at least an annual basis.
19 V.S.A. § 10i — VT Code / Title 19 / Chapter 1 / Section 10i
§ 10i. Transportation planning process
Status: in_force

(a) Long-range systems plan. The Agency shall establish and implement a planning process through the adoption of a long-range multi-modal systems plan integrating all modes of transportation. The long-range multi-modal systems plan shall be based upon Agency transportation policy developed under section 10b of this title; other policies approved by the General Assembly; Agency goals, mission, and objectives; demographic and travel forecasts; design standards; performance criteria; and funding availability. The long-range systems plan shall be developed with participation of the public and local and regional governmental entities and pursuant to the planning goals and processes set forth in 1988 Acts and Resolves No. 200. The plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b.

(b) Corridor studies. The Agency shall develop transportation corridor studies as needed, consistent with asset management policies implemented by the Agency, that identify environmental issues, community concerns, and travel projections. For each corridor, problems shall be identified and ranked according to their criticality and severity.

(c) Transportation Program. The Transportation Program shall be developed in a fiscally responsible manner to accomplish the following objectives:

(1) managing, maintaining, and improving the State's existing transportation infrastructure to provide capacity, safety, and flexibility in the most cost-effective and efficient manner;

(2) developing an integrated transportation system that provides Vermonters with transportation choices;

(3) strengthening the economy, protecting the quality of the natural environment, and improving Vermonters' quality of life;

(4) achieving the recommendations of the CEP; and

(5) striving to reduce vehicle miles traveled and greenhouse gas emissions.

(d) Project identification and scope. The Agency shall identify and develop specific projects consistent with the objectives set forth in subsection (c) of this section. For each project, a project scope shall be prepared to identify the problem to be resolved by the project, the preferred alternative, project limits, and its conceptual design and estimated costs.

(e) Information manual. An information manual giving a clear description of the planning process shall be prepared for town officials and the public.
19 V.S.A. § 905c — VT Code / Title 19 / Chapter 9 / Section 905c
§ 905c. Audible traffic signals
Status: in_force

Audible warning signals shall be installed at all intersections with an exclusive walk cycle where new traffic light systems are installed. As used in this section, “audible” means a signal that is sufficiently loud as to be heard when the traffic conditions in a particular location are considered.
19 V.S.A. § 2602 — VT Code / Title 19 / Chapter 26 / Section 2602
§ 2602. Authorization
Status: in_force

(a) Notwithstanding section 10 of this title or any other provision of law, the Agency may use design-build contracting to deliver projects. The Agency may evaluate and select proposals on either a best-value or a low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly as determined by the Agency, then the basis of award shall be best-value.

(b) The Agency shall identify those projects it believes are candidates for design-build contracting, including those involving extraordinary circumstances, such as emergency work, unscheduled projects, or loss of funding.

(c) The Agency retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities, or to advertise for new proposals if the Agency determines that it is in the best interests of the State.
19 V.S.A. § 310 — VT Code / Title 19 / Chapter 3 / Section 310
§ 310. Highways, bridges, and trails
Status: in_force

(a) A town shall keep its class 1, 2, and 3 highways and bridges in good and sufficient repair during all seasons of the year, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 2 or 3 highway, or section of highway, should be plowed and made negotiable during the winter. A property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

(b) Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the standards set forth in section 302 of this title.

(c) A town shall not be liable for construction, maintenance, repair, or safety of trails.

(d) For class 2 and 3 highways that have routinely not been plowed and made negotiable prior to July 1, 2000, the process requirements of subdivision 302(a)(3)(B) of this title and subsection (a) of this section shall not be required. A property owner adversely affected by this subsection may request the selectboard to plow and make negotiable a class 2 or 3 town highway. However, a property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.
19 V.S.A. § 307 — VT Code / Title 19 / Chapter 3 / Section 307
§ 307. Minimum town budget
Status: in_force

Each town shall annually appropriate a highway budget equivalent to or greater than a sum of at least $300.00 per mile for each mile of class 1, 2, and 3 town highways within the town or it shall not be eligible for aid under this title.
19 V.S.A. § 1602 — VT Code / Title 19 / Chapter 16 / Section 1602
§ 1602. Definitions
Status: in_force

As used in this chapter:

(1) “Environmental considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for the protection of scenic, natural, and historic resources.

(2) “Nondiscriminating local ordinances” are municipal ordinances that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.

(3) “Relocation” means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. “Normal relocation” means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance.

(4) “Safety considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for highway and traffic safety.

(5) “Utility” means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. The term “utility” also means the utility company inclusive of any wholly owned or controlled subsidiary.
19 V.S.A. § 711 — VT Code / Title 19 / Chapter 7 / Section 711
§ 711. Selectboard's return; recording
Status: in_force

(a) Within 60 days after the examination and hearing, the selectboard shall return the original petition with a report of its findings and of the manner of notifying the parties together with the survey or discontinuance, to the town clerk's office. The selectboard's order laying out, altering, reclassifying, or discontinuing the highway, with the survey, shall be recorded by the clerk.

(b) As part of the report of findings provided for in subsection (a) of this section, the selectboard may order that the petitioner bear the cost of upgrading a class 4 town highway to the class 3 town highway standards established in subdivision 302(a)(3)(B) of this title. Nothing in this section shall be construed to require a town to maintain a class 4 highway or to upgrade a highway from class 4 to class 3.