19 V.S.A. § 10a — VT Code / Title 19 / Chapter 1 / Section 10a
§ 10a. Procurement of engineering and design services through competitive negotiation
Status: in_force

(a) For purposes of this section, “competitive negotiation” means a method of procurement where proposals are requested from a number of sources and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate.

(b) Contracts for program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural-related services with respect to projects subject to the provisions of section 111(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, Pub. L. No. 100-17, as may be amended, may be awarded by competitive negotiation.

(c) If competitive negotiation is used, the following requirements shall apply:

(1) Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition, consistent with the nature and requirements of the procurement. All qualified sources may submit a proposal. The request for proposals shall be publicized.

(2) The request for proposal shall identify all significant evaluation factors, including price or cost where required and their relative importance.

(3) The Agency shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award.

(4) Award may be made to the responsible offeror whose proposal will be most advantageous to the Agency, price and other factors considered. Unsuccessful offerors should be notified promptly.
19 V.S.A. § 958 — VT Code / Title 19 / Chapter 9 / Section 958
§ 958. Laying out roads for removal of lumber
Status: in_force

If it becomes necessary for the practical removal of lumber, wood, or other material to pass through the lands of a person other than those of the owner of the land from which the lumber, wood, or other material is to be removed, the selectboard may lay out a right-of-way through the land of any person for these purposes. The selectboard shall follow the procedures established by section 923 of this title.
19 V.S.A. § 922 — VT Code / Title 19 / Chapter 9 / Section 922
§ 922. Furnishing signs
Status: in_force

The Agency is directed to procure a sufficient number of signs for the use of the several municipalities in carrying out the provisions of section 921 of this title. It shall furnish the signs to the municipalities at cost.
19 V.S.A. § 1510 — VT Code / Title 19 / Chapter 15 / Section 1510
§ 1510. Local authorization
Status: in_force

(a) In any case of proposed highway construction in which a federal-state-local match is contemplated, a municipality seeking to reserve the State portion of monies for the construction project must obtain ratification of the local portion, as this portion may be periodically assessed by the Agency of Transportation, within 18 months of receipt of a commitment on the part of the State, as evidenced by a signed application relative to engineering costs and project costs or similar document. In the event ratification of the local portion is not obtained within the 18 month period, the State shall withdraw from the proposal and shall make the State portion available for other program purposes.

(b) No second or subsequent application relative to engineering costs and project costs or similar document may be signed by a State official unless 18 months have passed since an earlier signing of a similar application relative to engineering costs and project costs for the same proposed highway project.
19 V.S.A. § 26 — VT Code / Title 19 / Chapter 1 / Section 26
§ 26. Purchase and sale of property
Status: in_force

(a)(1) Subject to subsection (b) of this section:

(A) The Agency may purchase or lease any land, taking conveyance in the name of the State, when land is needed in connection with the layout, construction, repair, and maintenance of any State highway or the reconstruction of the highway.

(B) The Agency may acquire or construct buildings necessary for use in connection with this work.

(C) When any of the land or the buildings acquired or the buildings constructed become no longer necessary for these purposes, the Agency may sell or lease the property.

(2) The proceeds from any sale or lease shall be deposited in the Transportation Fund, unless otherwise required by federal law or regulation.

(b) An acquisition or transfer or the construction under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or the acquisition or transfer of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition, transfer, or construction and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual Transportation Program and the scope of the project includes the acquisition or transfer of property.
19 V.S.A. § 2504 — VT Code / Title 19 / Chapter 25 / Section 2504
§ 2504. Additional funds
Status: in_force

The Agency, and any qualifying municipality, within the authority of State and federal law, may accept and spend any funds made available to them for the purpose of enhancing or establishing designated scenic roads or byways.
19 V.S.A. § 2402 — VT Code / Title 19 / Chapter 24 / Section 2402
§ 2402. State policy
Status: in_force

(a) Agency of Transportation funded, designed, or funded and designed projects shall seek to increase and encourage more pedestrian, bicycle, and public transit trips, with the State goal to promote intermodal access to the maximum extent feasible, which will help the State meet the transportation-related recommendations outlined in the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b and the recommendations of the Vermont Climate Action Plan (CAP) issued under 10 V.S.A. § 592.

(b) Except in the case of projects or project components involving unpaved highways, for all transportation projects and project phases managed by the Agency or a municipality, including planning, development, construction, or maintenance, it is the policy of this State for the Agency and municipalities, as applicable, to incorporate complete streets principles that:

(1) serve individuals of all ages and abilities, including vulnerable users as defined in 23 V.S.A. § 4(81);

(2) follow state-of-the-practice design guidance;

(3) are sensitive to the surrounding community, including current and planned buildings, parks, and trails and current and expected transportation needs; and

(4) when desired by the municipality or specifically identified in the regional plan, implement street design for purposes of calming and slowing traffic in State-designated centers under 24 V.S.A. chapter 76A.
19 V.S.A. § 903 — VT Code / Title 19 / Chapter 9 / Section 903
§ 903. Agreements for planting
Status: in_force

The Agency or the selectboard may enter into agreements with individuals or organizations who wish to plant grasses, shrubs, vines, trees, or flowers within highway limits.
19 V.S.A. § 1606 — VT Code / Title 19 / Chapter 16 / Section 1606
§ 1606. Reimbursement
Status: in_force

(a) Except as provided in section 1605 of this title, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.

(b) Where the eligibility criteria set forth in section 1605 of this title are met, the differential costs over and above normal relocation cost shall be apportioned on a 50/50 basis between the Agency and the municipality. The Agency may waive the requirement for municipal participation for projects located on the State highway system.

(c) Oversize or other-than-normal relocation installations undertaken for the sole benefit of the utility shall be considered as betterments and shall not qualify for reimbursement.
19 V.S.A. § 1601 — VT Code / Title 19 / Chapter 16 / Section 1601
§ 1601. Declaration of policy
Status: in_force

The purpose of this chapter is to set standards for determining when and to what extent the authority granted by section 1603 of this title may be exercised.
19 V.S.A. § 1 — VT Code / Title 19 / Chapter 1 / Section 1
§ 1. Definitions
Status: in_force

As used in this title:

(1) “Agency” means the Agency of Transportation.

(2) “Board” means the Transportation Board.

(3) “Branch” means a major component of a division of a department or major unit of a department with staff functions.

(4) “Chair” means the Chair of the Transportation Board, unless otherwise specified.

(5) “Commissioner” means the Commissioner of Motor Vehicles responsible to the Secretary for the administration of the Department.

(6) “Department” means the Department of Motor Vehicles.

(7) “Develop” means the partition or division of any tract of land of any size by a person through sale, lease, transfer, or any other means by which any interest in or to the land or a portion of the land is conveyed to another person that will require the construction of permanent new or enlarged points of access to a State or town highway other than a limited access facility pursuant to subsection 1702a(a) of this title; excluding, however, tracts of land located entirely within a city or incorporated village.

(8) “Director” means the head of a division.

(9) “District” means a geographic subdivision of the State primarily established for maintenance purposes.

(10) “District transportation administrator” means the person in charge of a district.

(11) “Division” means a major unit of the Agency engaged in line functions other than the Department of Motor Vehicles.

(12) “Highways” are only such as are laid out in the manner prescribed by statute; or roads that have been constructed for public travel over land that has been conveyed to and accepted by a municipal corporation or to the State by deed of a fee or easement interest; or roads that have been dedicated to the public use and accepted by the city or town in which such roads are located; or such as may be from time to time laid out by the Agency or town. However, the lack of a certificate of completion of a State or town highway shall not alone constitute conclusive evidence that the highway is not public. The term “highway” includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation.

(13) “Management road” means a road not designated as a “State forest highway” used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation to meet the responsibilities and purposes set forth in 10 V.S.A. chapter 83, 10 V.S.A. part 4, and rules adopted under those statutes. The term “management road” includes associated easements and rights-of-way. A “management road” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such a road. A “management road” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally at the discretion of the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation. A “management road” may be closed permanently upon 30 days' notice to the governing body of the municipality in which the road is located and any affected user groups. Designation of a road as a “management road” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation.

(14) “Person” includes a municipality or State agency.

(15) “Scenic road” means any road designated pursuant to this title.

(16) “Secretary” means the head of the Agency who shall be a member of the Governor's Cabinet responsible directly to the Governor for the administration of the Agency.

(17) “Section” means a major component of a division or department or major unit of the Agency.

(18) “Selectboard” includes village trustees and city councils.

(19) “State forest highway” means a road used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation to meet the responsibilities and purposes set forth in 10 V.S.A. § 2601 et seq. and rules adopted under that statute. The term “State forest highway” includes easements and rights-of-way. A “State forest highway” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such road. A “State forest highway” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally for any reason at the discretion of the Agency of Natural Resources or the Department of Forests, Parks and Recreation. A “State forest highway” may be closed permanently upon 30 days' notice to the governing body of the municipality in which the road is located and to any affected user groups. Designation of a road as a “State forest highway” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources or the Department of Forests, Parks and Recreation.

(20) “State highways” are those highways maintained exclusively by the Agency of Transportation.

(21) “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.

(22) “Town” includes incorporated villages and cities.

(23) “Town highways” are class 1, 2, 3, and 4 highways:

(A) that the towns have authority to exclusively or cooperatively maintain; or

(B) that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.

(24) “Traffic Committee” consists of the Secretary of Transportation or designee, the Commissioner of Motor Vehicles or designee, and the Commissioner of Public Safety or designee and is responsible for establishing speed zones, parking and no parking areas, rules for use of limited access highways, approval of the testing of automated vehicles as defined in 23 V.S.A. § 4202 on public highways, and other traffic control procedures.

(25) “Limited access highway” means a highway where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is fully or partially controlled by public authority, in accordance with chapter 17 of this title. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation.

(26) “Vehicle miles traveled” means the estimated sum of the miles traveled by all motor vehicle trips within a specific area during a calendar year.
19 V.S.A. § 8 — VT Code / Title 19 / Chapter 1 / Section 8
§ 8. Commissioner of Motor Vehicles; appointment; duties and powers
Status: in_force

(a) The Secretary shall, with the approval of the Governor and with the advice and consent of the Senate, appoint a Commissioner of Motor Vehicles who shall administer the Department of Motor Vehicles and shall serve at the pleasure of the Secretary. The term of a Commissioner shall be concurrent with that of the Secretary.

(b) The Commissioner shall, notwithstanding any other provisions of this chapter, have all the duties and responsibilities of the Commissioner of Motor Vehicles in Title 23 with regard to the suspension and revocation of licenses and all other quasi-judicial duties assigned in that title.
19 V.S.A. § 306 — VT Code / Title 19 / Chapter 3 / Section 306
§ 306. Appropriation; State aid for town highways
Status: repealed

(a) General State aid to town highways.

(1) An annual appropriation to class 1, 2, and 3 town highways shall be made. This appropriation shall increase over the previous fiscal year's appropriation by the same percentage change as the following, whichever is less, or shall remain at the previous fiscal year's appropriation if either of the following are negative or zero:

(A) the percentage change of the Agency's total appropriations funded by Transportation Fund revenues, excluding appropriations under this subsection (a) and subsections (e) and (h) of this section, for the most recently closed fiscal year as compared to the fiscal year immediately preceding the most recently closed fiscal year; or

(B) the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U).

(2) For purposes of subdivision (1)(B) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the appropriation will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the appropriation will be made.

(3) The funds appropriated shall be distributed to towns as follows:

(A) Six percent of the State's annual town highway appropriation shall be apportioned to class 1 town highways. The apportionment for each town shall be that town's percentage of class 1 town highways of the total class 1 town highway mileage in the State.

(B) Forty-four percent of the State's annual town highway appropriation shall be apportioned to class 2 town highways. The apportionment for each town shall be that town's percentage of class 2 town highways of the total class 2 town highway mileage in the State.

(C) Fifty percent of the State's annual town highway appropriation shall be apportioned to class 3 town highways. The apportionment for each town shall be that town's percentage of class 3 town highways of the total class 3 town highway mileage in the State.

(D) Monies apportioned under subdivisions (1), (2), and (3) of this subsection (a) shall be distributed to each town in quarterly payments beginning July 15 in each year.

(E) Each town shall use the monies apportioned to it solely for town highway construction, improvement, and maintenance purposes or as the nonfederal share for public transit assistance. These funds may also be used for the establishment and maintenance of bicycle routes and sidewalks. The members of the selectboard shall be personally liable to the State, in a civil action brought by the Attorney General, for making any unauthorized expenditures from money apportioned to the town under this section.

(b) Supplemental State aid for multilane class 1 town highways. There shall be an annual appropriation for supplemental aid to municipalities having class 1 town highways with more than two lanes. The Agency shall distribute this aid on the basis of its measurement of the additional class 1 town highway lanes. The Secretary may adopt rules to govern apportionment of supplemental aid.

(c) State aid for town highway bridges. There shall be an annual appropriation for town bridge engineering services and for aid in maintaining or constructing bridges having a span of six feet or more on class 1, 2, and 3 town highways. Annually, the Agency shall expend these funds according to the Transportation Program approved by the General Assembly. With the approval of the Agency, funds may be used for alternatives that eliminate the need for a bridge or bridges, including construction or reconstruction of highways, purchase of parcels of land that would be landlocked by closure of a bridge or bridges, payment of damages for loss of highway access, and substitution of other means of access.

(d) State aid for nonfederal disasters. There shall be an annual appropriation for emergency aid in repairing, building, or reconstructing class 1, 2, or 3 town highways and for repairing or replacing drainage structures including bridges on class 1, 2, 3, and 4 town highways damaged by natural or man-made disasters. Eligibility for use of emergency aid under this appropriation shall be subject to the following criteria:

(1) The Secretary of Transportation shall determine that the disaster is of such magnitude that State aid is both reasonable and necessary to preserve the public good. If total cumulative damages to town highways and drainage structures are less than the value of 10 percent of the town's overall total highway budget excluding the town's winter maintenance budget, the disaster shall not qualify for assistance under this subsection.

(2) The disaster shall not qualify for major disaster assistance from the Federal Emergency Management Agency (FEMA) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et seq., or from the Federal Highway Administration (FHWA) under the 23 C.F.R. Part 668 Emergency Relief Program for federal-aid highways.

(3) Towns shall be eligible for reimbursement for repair or replacement costs of either up to 90 percent of the eligible repair or replacement costs or the eligible repair or replacement costs, minus an amount equal to 10 percent of the overall total highway budget, minus the town's winter maintenance budget, whichever is greater.

(4) For towns that have adopted road and bridge standards, eligibility for reimbursement for repair or replacement of infrastructure shall be to those standards. For towns that have not adopted these standards, eligibility for reimbursement for repair or replacement of infrastructure shall be limited to the specifications of the infrastructure that preexisted the emergency event; however, the repair or replacement shall be to standards approved by the Agency of Transportation.

(5) For a drainage structure on a class 4 town highway to be eligible for repair or replacement under this subsection, the town must document that it maintained the structure prior to the nonfederal disaster.

(6) Such additional criteria as may be adopted by the Agency of Transportation through rulemaking under 3 V.S.A. chapter 25.

(e) State aid for town highway structures.

(1) There shall be an annual appropriation for grants to municipalities for maintenance (including actions to extend life expectancy) and for construction of bridges and culverts; for maintenance and construction of other structures, including causeways and retaining walls, intended to preserve the integrity of the traveled portion of class 1, 2, and 3 town highways; and for alternatives that eliminate the need for a bridge, culvert, or other structure, such as the construction or reconstruction of a highway, the purchase of parcels of land that would be landlocked by closure of a bridge, the payment of damages for loss of highway access, and the substitution of other means of access. This appropriation shall increase over the previous fiscal year's appropriation by the same percentage change as the following, whichever is less, or shall remain at the previous fiscal year's appropriation if either of the following are negative or zero:

(A) the percentage change in the Agency's total appropriations funded by Transportation Fund revenues, excluding appropriations under this subsection (e) and subsections (a) and (h) of this section, for the most recently closed fiscal year as compared to the fiscal year immediately preceding the most recently closed fiscal year; or

(B) the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U).

(2) For purposes of subdivision (1)(B) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the appropriation will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the appropriation will be made.

(3) Each fiscal year, the Agency shall approve qualifying projects with a total estimated State share cost of $7,200,000.00 at a minimum as new grants. Beginning with State fiscal year 2027, the minimum total estimated State share cost for the approved grants shall increase over the prior fiscal year's minimum total estimated State share cost by the same percentage as the appropriation for State aid for town highway structures is increased pursuant to subdivision (1) of this subsection.

(4) In a given fiscal year, should expenditures in the Town Highway Structures Program exceed the amount appropriated, the Agency shall advise the Governor of the need to request a supplemental appropriation from the General Assembly to fund the additional project cost, provided that the Agency has previously committed to completing those projects.

(5) Funds received as grants for State aid for town highway structures may be used by a municipality to satisfy a portion of the matching requirements for federal earmarks, subject to subsection 309b(c) of this title.

(f) State aid for federal disasters.

(1) Towns receiving assistance under the Federal Highway Administration's Emergency Relief Program for federal-aid highways shall be eligible for State aid when a nonfederal match is required. Eligibility for aid under this subsection shall be subject to the following criteria:

(A) Towns shall be responsible for up to 10 percent of the total eligible project costs.

(B) For towns that have adopted road and bridge standards, eligibility for reimbursement for repair or replacement of infrastructure shall be to those standards. For towns that have not adopted these standards, eligibility for reimbursement for repair or replacement of infrastructure shall be limited to the specifications of the infrastructure that preexisted the emergency event; however, the repair or replacement shall be to standards approved by the Agency.

(C) Such additional criteria as may be adopted by the Agency through rulemaking under 3 V.S.A. chapter 25.

(2) Notwithstanding 32 V.S.A. § 706 and the limits on authorized program spending in an approved Transportation Program, the Secretary may transfer appropriations between the Program created in this subsection and the State Aid for Nonfederal Disasters Program created in subsection (d) of this section.

(g) [Repealed.]

(h) Class 2 Town Highway Roadway Program.

(1) There shall be an annual appropriation for grants to municipalities for resurfacing, rehabilitation, or reconstruction of paved or unpaved class 2 town highways. Municipalities that have no State highways or class 1 town highways within their borders may use the grants for such activities with respect to both class 2 and class 3 town highways. This appropriation shall increase over the previous fiscal year's appropriation by the same percentage change as the following, whichever is less, or shall remain at the previous fiscal year's appropriation if either of the following are negative or zero:

(A) the percentage change in the Agency's total appropriations funded by Transportation Fund revenues, excluding appropriations under this subsection (h) and subsections (a) and (e) of this section, for the most recently closed fiscal year as compared to the fiscal year immediately preceding the most recently closed fiscal year; or

(B) the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U).

(2) For purposes of subdivision (1)(B) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the appropriation will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the appropriation will be made.

(3) Each fiscal year, the Agency shall approve qualifying projects with a total estimated State share cost of $8,600,000.00 at a minimum as new grants. Beginning with State fiscal year 2027, the minimum total estimated State share cost for the approved grants shall increase over the prior fiscal year's minimum total estimated State share cost by the same percentage as the appropriation for the Class 2 Town Highway Roadway Program is increased pursuant to subdivision (1) of this subsection.

(4) In a given fiscal year, should expenditures in the Class 2 Town Highway Roadway Program exceed the amount appropriated, the Agency shall advise the Governor of the need to request a supplemental appropriation from the General Assembly to fund the additional project cost, provided that the Agency has previously committed to completing those projects. Funds received as grants for State aid under the Class 2 Town Highway Roadway Program may be used by a municipality to satisfy a portion of the matching requirements for federal earmarks, subject to subsection 309b(c) of this title.

(i) Municipal Mitigation Assistance Program. The Agency shall administer the Municipal Mitigation Assistance Program. Through the Program, the Agency shall provide assistance and grants to municipalities for environmental mitigation projects related to stormwater and highways and for the establishment and operation of stormwater utilities. Municipalities shall match grants with local funds sufficient to cover 20 percent of the project costs, except that the Agency may issue grants for the establishment or operation of stormwater utilities without requiring a local match. From the operating expenses appropriated for the Program, the Agency is authorized to pay costs billed to the Agency by municipal stormwater utilities.

(j) Annual town plan. Within 60 days of adoption of the town's municipal budget, the selectboard of each town shall forward to the Agency on forms provided by the Agency a plan for the maintenance and construction of all highways under the selectboard's control for the following year. The plan shall be made with the advice of the district transportation administrator.
19 V.S.A. § 729 — VT Code / Title 19 / Chapter 7 / Section 729
§ 729. Commissioners; selection
Status: in_force

When the parties do not agree with any other method of appointing commissioners, the court may make a list of 18 disinterested individuals. Each party may object to six on the list, and out of the number not objected to, the court shall select three for commissioners.
19 V.S.A. § 12b — VT Code / Title 19 / Chapter 1 / Section 12b
§ 12b. Joint Transportation Oversight Committee
Status: in_force

(a) There is created a Joint Transportation Oversight Committee composed of the Chairs of the House and Senate Committees on Appropriations, the House and Senate Committees on Transportation, the House Committee on Ways and Means, and the Senate Committee on Finance. The Committee shall be chaired alternately by the Chairs of the House and Senate Committees on Transportation, and the two-year term shall run concurrently with the biennial session of the General Assembly. The Chair of the Senate Committee on Transportation shall chair the Committee during the 2009-2010 legislative session.

(b) The Committee shall meet during adjournment for official duties. Meetings shall be convened by the Chair and, when practicable, shall be coordinated with the regular meetings of the Joint Fiscal Committee. Members shall be entitled to compensation and reimbursement pursuant to 2 V.S.A. § 23. The Committee shall have the assistance of the staff of the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.

(c) The Committee shall provide legislative oversight of the Transportation Fund revenues collection and the operation and administration of the Agency of Transportation construction, paving, and rehabilitation programs. The Secretary of Transportation shall report to the Committee upon request.

(d) If and when applicable, the Secretary shall submit electronically to the Joint Fiscal Office for distribution to members of the Committee a report summarizing any plans or actions taken to delay project schedules as a result of:

(1) a generalized increase in bids relative to project estimates;

(2) changes in the consensus revenue forecast of the Transportation Fund or Transportation Infrastructure Bond Fund; or

(3) changes in the availability of federal funds.
19 V.S.A. § 503 — VT Code / Title 19 / Chapter 5 / Section 503
§ 503. Precondemnation necessity determination; survey and appraisal; offer of just compensation; notice of rights; negotiation; stipulation
Status: in_force

(a) Necessity determination; appraisal.

(1) After conducting the hearing required under section 502 of this chapter and considering the objections, suggestions, and recommendations received from the public, if the Agency finds the taking of property to be necessary for the purpose of laying out, relocating, altering, constructing, reconstructing, maintaining, repairing, widening, grading, or improving a State highway, it shall cause the property proposed to be acquired or affected to be surveyed and shall make a written determination of necessity consistent with subdivision 501(1) of this chapter. Prior to initiating negotiations under this section, the Agency shall cause property proposed to be taken to be appraised unless:

(A) the property owner offers to donate the property after being fully informed by the Agency of the right to receive just compensation for damages and releasing the Agency from any obligation to conduct an appraisal; or

(B) the Agency determines that an appraisal is unnecessary because the valuation question is uncomplicated and the Agency estimates the property to have a low fair market value, in accordance with 49 C.F.R. § 24.102.

(2) The Agency shall prepare a waiver valuation if an appraisal is not conducted, pursuant to subdivision (1)(B) of this subsection (a).

(3) The property owner or his or her designee shall be given an opportunity to accompany the appraiser during the appraiser's inspection of the property.

(b) Offer of just compensation. Prior to the initiation of negotiations, the Agency shall prepare a written offer of just compensation, which shall include a statement of the basis for the offer and a legal description of the property proposed to be acquired.

(c) Negotiation. Prior to instituting condemnation proceedings under section 504 of this chapter, the Agency shall make every reasonable effort to acquire property expeditiously by negotiation and shall comply with subsection (d) of this section.

(d) Notice and other documents. The Agency shall hand-deliver or send by mail to owners of property to be acquired a notice of procedures and rights and the offer of just compensation. The notice of procedures and rights shall include an explanation of the proposed State highway project and its purpose, and statements that:

(1) The Agency is seeking to acquire the property described in the offer of just compensation for the project.

(2) Agency representatives are available to discuss the offer of just compensation.

(3) The Agency does not represent the property owner, and he or she may benefit from the advice of an attorney.

(4) If the Agency and the property owner are unable to reach agreement on the Agency's legal right to take the property, the Agency may file a complaint in Superior Court to determine this issue. The property owner has the right to challenge the taking by contesting the necessity of the taking, the public purpose of the project, or both, but must contest these issues by filing an answer to the complaint with the court. If the owner does not file a timely answer, the court may enter a default judgment in favor of the Agency.

(5) The property owner may enter into an agreement with the Agency stipulating to the Agency's legal right to take his or her property without waiving the owner's right to contest the amount of the Agency's offer of compensation.

(6) If the Agency and the property owner agree that a taking is lawful, or if a court issues a judgment authorizing the Agency to take the owner's property, title to the property will transfer to the Agency only after the Agency files documentation of the agreement or judgment with the town clerk, pays or tenders payment to the owner, and sends or delivers to the owner a notice of taking.

(7) To contest the amount of compensation received, the owner must file an action with the Transportation Board or in Superior Court within 90 days of the notice of taking, except that the issue of compensation (damages) must be decided by the Superior Court if the owner's demand exceeds the Agency's offer of just compensation by more than $25,000.00. The owner or the Agency may appeal a decision of the Board to the Superior Court, and may appeal a decision of the Superior Court to the Supreme Court. Either party is entitled to demand a trial by jury in Superior Court on the issue of damages.

(8) A copy of an appraisal or an estimated valuation (waiver valuation) shall be furnished by the Agency at the owner's request.

(9) Summarize the property owner's right to relocation assistance, if applicable.

(e) Agreement on taking, damages.

(1) An interested person may enter into an agreement with the Agency stipulating to the necessity of the taking and the public purpose of the project, to damages, or to any of these. The agreement shall include:

(A) a statement that the person executing the agreement has examined a survey or appraisal of the property to be taken;

(B) an explanation of the legal and property rights affected;

(C) a statement that the person has received the documents specified in subsection (d) of this section; and

(D) if the agreement concerns only the issues of necessity or public purpose, a statement that the right of the person to object to the amount of compensation offered is not affected by the agreement.

(2) If an interested person executes an agreement stipulating to the necessity of the taking and the public purpose of the project in accordance with subdivision (1) of this subsection, the Agency shall prepare, within 10 business days of entering into the agreement, a notice of condemnation and shall file it in accordance with section 506 of this chapter. The notice of condemnation shall include a legal description of the property to be taken.
19 V.S.A. § 20 — VT Code / Title 19 / Chapter 1 / Section 20
§ 20. Small claims for injury or damage
Status: in_force

The Board shall have exclusive jurisdiction over claims of $5,000.00 or less made for personal injuries or property damage, or both, sustained as the result of the negligence of any employee of the Agency. The Board may hear all parties in interest and may award damages not to exceed $5,000.00. When the Board awards damages, it shall certify its decision to the Commissioner of Finance and Management. Upon the disposition of any appeal or the expiration or waiver of all appeal rights, the Commissioner of Finance and Management shall issue his or her warrant for the amount of the award, with payment in the manner prescribed by 12 V.S.A. § 5604.
19 V.S.A. § 1508 — VT Code / Title 19 / Chapter 15 / Section 1508
§ 1508. Matching funds
Status: in_force

The State Treasurer, with the approval of the Governor, is authorized to advance against future Transportation Fund revenue not to exceed $3,000,000.00 as the Agency may certify necessary to match federal aid highway funds, whenever these funds are made available to the State.
19 V.S.A. § 818 — VT Code / Title 19 / Chapter 7 / Section 818
§ 818. Transportation Board; action
Status: in_force

When the Board receives an application for additional State money for constructing an access road, it shall immediately cause studies and estimates to be made to determine whether the proposed highway can be constructed according to accepted engineering standards on or near the proposed location and the cost, and whether the plans for the area, according to accepted engineering and other standards, adequately provide for vehicular and other traffic, for parking, for public utilities, and for emergency services. Upon completion of the studies, the Board shall send at least two copies of its report and recommendations to the applicant town and, upon request, to the General Assembly.
19 V.S.A. § 923 — VT Code / Title 19 / Chapter 9 / Section 923
§ 923. Quasi-judicial process
Status: in_force

In order to protect the rights of interested persons and the public, the process described in this section shall be used whenever so provided by other provisions of this title. As used in this section, “interested person” means a person who has a legal interest of record in the property that would be affected by the proposed action.

(1) Notice. The selectboard shall give written notice by certified mail or by one of the methods allowed by Rule 4 of the Vermont Rules of Civil Procedure for service of original process to any interested person describing the proposed activity affecting the property. The notice shall include a date and time when the selectboard shall inspect the premises. The notice shall precede the inspection by 30 days or more except in the case of an emergency.

(2) Inspection of premises. The selectboard shall view the area and receive any testimony pertinent to the problem, including suggested awards for damages, if any.

(3) Necessity. The selectboard shall decide on the necessity for the activity or work proposed and establish any conditions for accomplishing it. This includes the award of damages, if applicable. The selectboard shall announce the decision and the reason for it within 10 days of the inspection unless the selectboard formally delays the proceeding in order to receive more testimony.

(4) Notifying parties. The selectboard shall notify the interested persons and other interested parties of its decision. It shall file a copy of its decision with the town clerk within 10 days of its announcement.

(5) Appeal. If an interested person is dissatisfied with the award for damages, he or she may appeal using any of the procedures listed in chapter 5 of this title. Notice or petition for appeal shall not delay the proposed work or activity.
19 V.S.A. § 905 — VT Code / Title 19 / Chapter 9 / Section 905
§ 905. Construction of sidewalks, bicycle paths, and footpaths
Status: in_force

The legislative body of a municipality may construct and maintain suitable footpaths, bicycle paths, or sidewalks, or any combination of these, within the limits of town highways where they do not conflict with travel on the highway. Permission may be granted by the Agency for the construction and maintenance of these facilities on State highways.
19 V.S.A. § 794 — VT Code / Title 19 / Chapter 7 / Section 794
§ 794. Highway near but not on line between towns
Status: in_force

(a) When the public good or the convenience of the inhabitants requires a highway to be laid out, reclassified, or altered so that it shall be near the line between two towns instead of on the town line, on account of the position of the land or nature of the soil over which it is laid, and, when both towns are benefited in a similar manner as though the highway were on the line, the highway may be laid out, reclassified, or altered by the selectboard or the Superior Court, on the report of commissioners. The damages and expenses of making and repairing the highway may be apportioned and the same proceedings shall be followed as provided in case of laying out, reclassifying, and altering highways on the line between two towns.

(b) When the selectboards of the towns are petitioned as provided in this chapter and do not lay out, alter, reclassify, or discontinue a highway on or near a line between two towns, individuals who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may apply to the Superior Court. The court shall inquire and render judgment using the same proceedings as in the case of a highway extending into or through two or more towns. The court may inquire of and receive recommendations from a commissioner or commissioners, but the court shall issue the order. The court shall direct in its order which part of the highway each town shall make, repair, or reclassify, and what damages shall be paid by each, if a highway is made or altered.
19 V.S.A. § 11 — VT Code / Title 19 / Chapter 1 / Section 11
§ 11. Transportation Fund
Status: in_force

The Transportation Fund shall comprise the following:

(1) all taxes, penalties, and fees received by the Commissioner of Motor Vehicles except those relating to motorboats imposed under 23 V.S.A. chapter 29, which shall be expended pursuant to 23 V.S.A. § 3319;

(2) the revenue derived from the taxes on motor fuel as provided for by Title 23;

(3) all grants from the federal government and regional associations for transportation purposes except for snowmobiles and motorboats;

(4) monies received from the sales and use tax on aviation jet fuel and on natural gas used to propel a motor vehicle under 32 V.S.A. chapter 233, and from the portion of a local option tax on the sale of aviation jet fuel specified in 24 V.S.A. § 138;

(5) receipts from pilot and aircraft license fees;

(6) all penalties and fines imposed under this title and Titles 5 and 23;

(7) both statewide and departmental indirect cost recoveries from federal sources by the Agency of Transportation;

(8) other miscellaneous sources including the sale of maps, plans, and reports, fees collected by the Travel Information Council, leases for property at State-owned airports and railroads, proceeds from the sale of State surplus property under the provisions of 29 V.S.A. §§ 1556 and 1557, and proceeds from the sale of recycled materials.
19 V.S.A. § 975 — VT Code / Title 19 / Chapter 9 / Section 975
§ 975. Proceedings upon failure to make required repairs
Status: in_force

At the expiration of the time limited for the repairs, without further complaint, and upon notice to the town as they deem reasonable, the commissioners shall determine if their order has been complied with by the town. If they find the town has failed to do the work ordered by them, and no appeal has been taken, they shall promptly appoint an agent to spend upon the highway the amount fixed in their report. They shall cause the agent to give a sufficient bond conditioned for the faithful performance of his or her duties and shall file in the county clerk's office a certificate, stating that their order had not been complied with, and that judgment should be entered against the town for the amount named in their report, and give the name of the person appointed to spend this amount.
19 V.S.A. § 792 — VT Code / Title 19 / Chapter 7 / Section 792
§ 792. Petition to selectboard
Status: in_force

When the public good or convenience of the inhabitants requires a highway to be laid out, altered, reclassified, or discontinued on, or intersecting the line between two towns, or a bridge across a stream between two towns to be built, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may petition, in writing, the selectboard of either town to lay out, alter, reclassify, or discontinue the highway, or build the bridge. The selectboard presented with the petition shall notify the selectboard of the other town. The two boards shall establish a time for hearing, and shall give notice of it.
19 V.S.A. § 14 — VT Code / Title 19 / Chapter 1 / Section 14
§ 14. State highways
Status: in_force

(a) The State highways shall be those highways so designated on a map entitled “Vermont State Highways,” filed in the Office of the Secretary of State on June 30, 1997, as subsequently modified by additions or deletions made pursuant to subsection (b) of this section.

(b) When an addition or deletion is made to the State highways, the Agency shall complete a mileage certificate showing the highways that are added or deleted and file a copy in the Office of the Secretary of State. It shall also file a copy of the mileage certificate in the town clerk's office where the highways are located. When the certificates are filed, the transfer of control of the highways shall be deemed to have taken place.
19 V.S.A. § 921 — VT Code / Title 19 / Chapter 9 / Section 921
§ 921. School zones
Status: in_force

(a) Municipalities shall erect or cause to be erected on all public highways near a school warning signs conforming to the standards of the Manual on Uniform Traffic Control Devices as provided in 23 V.S.A. § 1025.

(b) For the purposes of this section and 23 V.S.A. § 1025, the term “school” shall include school district-operated prekindergarten program facilities owned or leased by a school district.
19 V.S.A. § 313 — VT Code / Title 19 / Chapter 3 / Section 313
§ 313. Repealed. 2021, No. 184 (Adj. Sess.), § 41, eff. July 1, 2022.
Status: repealed

(Repealed by 2021, No. 184 (Adj. Sess.), § 41, eff. July 1, 2022.)
19 V.S.A. § 19 — VT Code / Title 19 / Chapter 1 / Section 19
§ 19. Small business enterprises
Status: in_force

It is declared to be in the best interests of the State and the general welfare of Vermonters to encourage and develop the actual and potential capacity of small business enterprises, and to use this important segment of the State's economy to the fullest practicable extent in the construction of State highways, including federal aid and interstate highway systems. In order to carry out this intent and encourage full and free competition, the Agency of Transportation shall cooperate with small business enterprises in connection with the State highway construction program. Nothing contained in this section shall be considered or construed as meaning more than a legislative declaration of intent and policy. The decisions and actions of the Agency shall not be subject to judicial challenge.
19 V.S.A. § 702 — VT Code / Title 19 / Chapter 7 / Section 702
§ 702. Width of highways and trails
Status: in_force

The right-of-way for each highway and trail shall be three rods wide unless otherwise properly recorded. Any highway that had been designated as a trail prior to July 1, 1967 and later becomes a trail shall retain the same width of right-of-way as a trail as it had as a highway, but not exceeding three rods.
19 V.S.A. § 15 — VT Code / Title 19 / Chapter 1 / Section 15
§ 15. Changes in the State highway system
Status: in_force

(a) Except as provided in subsection (b) of this section, highways may be added to or deleted from the State highway system by:

(1) an act of the General Assembly; or

(2) a proposal by the Agency that is accepted by the legislative body of the affected municipality and approved by an act of the General Assembly.

(b) Upon entering into an agreement with the affected municipality, the Secretary may relinquish to municipal control segments of State highway rights-of-way that have been replaced by new construction and are no longer needed as part of the State highway system. Upon their relinquishment to municipal control, the segments shall become class 3 town highways, and may be reclassified by the municipality in accordance with chapter 7 of this title.
19 V.S.A. § 309a — VT Code / Title 19 / Chapter 3 / Section 309a
§ 309a. Local highway work uniform local share; exceptions
Status: in_force

(a) Except as provided in subsection (b) or (c) of this section or in sections 309b and 309c of this title, in any case of highway or bridge construction in which a federal/State/local or State/local funding match is authorized, the municipality's share shall be ten percent of the project costs.

(b) This section shall not apply to:

(1) any bridge replacement project in the Town Highway Bridge Program during the construction of which the municipality closes the bridge and does not construct a temporary bridge for the duration of the project, in which event the local match shall cover five percent of the project costs;

(2) any project phase for which a municipality already has provided for payment of its share by issuing bonds or funding a reserve established under a capital improvement plan;

(3) any project on a town highway for which the General Assembly has authorized a different federal/State/local funding match; and any project that serves an “economic growth center” as defined in 23 U.S.C. § 143, and for which the General Assembly has authorized a different federal/State/local funding match;

(4) any project involving a bridge, including the approaches to a bridge, that extends between this State and an adjacent state;

(5) any bridge or roadway project involving a local financial share in which the municipality, after its review of the conceptual project plans, chooses not to proceed with the proposed project; in such circumstances, the Agency shall pay 100 percent of the project costs incurred through the date it receives such notification from the municipality;

(6) any project where, by the mutual agreement of the municipality and Agency, rehabilitation of an existing bridge is the preferred alternative, in which case the Agency shall use the appropriate combination of State and federal funding to pay either 95 percent of the cost of rehabilitation, or 97.5 percent if the municipality closes the bridge and does not construct a temporary bridge for the duration of the project; or

(7) any project or portion of a project involving a structure that is part of the Historic Bridge Program, where the Agency shall use the appropriate combination of State and federal funding to pay 100 percent of the cost of rehabilitation.

(c) Notwithstanding the provisions of this section, a municipality's share of any single project shall not exceed an amount equivalent to the amount that could be raised in one year by increasing the municipality's tax rate by $0.50. In these cases, the remaining portion of the nonfederal share shall be made up by the Agency, using available State funds.

(d) In any case of highway or bridge construction in which a municipality bears a share of the project costs, the fair market value of any land, material, or services donated by the municipality and used in the project shall be credited to the municipality's share of the project costs subject to the provisions of 23 U.S.C. § 323 with respect to a federal aid project.
19 V.S.A. § 790 — VT Code / Title 19 / Chapter 7 / Section 790
§ 790. Laying out highway or bridge on or near line between two towns
Status: in_force

The selectboards of two adjoining towns may, by agreement, lay out, reclassify, or discontinue a highway on the line between the towns, or erect a bridge over a stream between the towns, if a majority of the selectboard members of each town assent.
19 V.S.A. § 791 — VT Code / Title 19 / Chapter 7 / Section 791
§ 791. Apportioning expenses
Status: in_force

When a highway is or has been previously laid out on the line between the towns, the towns may agree as to what part of the highway shall be built and repaired and what share of the damages paid by each town. When a bridge is so erected, the towns may agree upon the proportion that each town shall pay towards making and keeping the bridge in repair.
19 V.S.A. § 10j — VT Code / Title 19 / Chapter 1 / Section 10j
§ 10j. Intermodal and multimodal transportation facilities; project planning criteria
Status: in_force

(a) Initial screening/threshold requirements. In considering a proposal for an intermodal or multimodal transportation facility, the Agency shall take into account the size of the community, the location of the proposed facility, and the presence of a logical combination of transportation modes. An intermodal facility requires the presence of several modes of transportation and a reasonable need to connect the different modes in a manner not easily done without the presence of a dedicated intermodal facility.

(b) Project information. The Agency shall adopt a policy identifying the basic information to be provided in any application for a proposed intermodal or multimodal facility.

(c) Project evaluation. Applications will be evaluated based on:

(1) usage potential (i.e., how many people will be boarding and alighting at this location);

(2) need for transfer facilities (i.e., how many will be transferring between vehicles or modes, and need to wait for connections);

(3) modal connections (i.e., do modes actually connect at this location, what are the frequencies, and how many people will be making the connection);

(4) opportunities for savings resulting from combining facilities (e.g., if railroad and bus stations are in the same building, does that save capital or operating dollars);

(5) relationship of proposed costs to usage/revenue (annualized capital and operating costs per boarding);

(6) relationship to 10 V.S.A. chapter 151 (1970 Acts and Resolves No. 250, as amended), 22 V.S.A. chapter 14 (historic preservation), 24 V.S.A. chapter 76A (historic downtown development) and the planning goals of 24 V.S.A. § 4302;

(7) whether the proposed project addresses needs identified in policy or service plans for other modes (i.e., intercity bus, passenger rail, aviation);

(8) long-term viability from an operations and maintenance perspective; and

(9) self-sustainability of project funding (i.e., what, if any, level of ongoing subsidy will be needed).

(d) Project managers. A project manager shall be assigned to each intermodal and multimodal transportation facility project that has received State or federal funding and this assignment shall not delay the construction schedule.

(e) State funding. It shall be the policy of the State that State funds not be expended on intermodal or multimodal projects that have federal funds specifically designated for them until they enter the construction phase.
19 V.S.A. § 756 — VT Code / Title 19 / Chapter 7 / Section 756
§ 756. Filing of report
Status: in_force

When the commissioners have completed their inquiries, they shall report their findings and decision with the survey and appraisal of damages, if any. The report shall be returned to and filed in the county clerk's office within 30 days after the completion of the inquiry.
19 V.S.A. § 782 — VT Code / Title 19 / Chapter 7 / Section 782
§ 782. Application; service of citation
Status: in_force

The application may be made by one or more of the original petitioners for the highway or bridge within three years from the expiration of the time prescribed by the court order for the performance, and, with a citation, shall be served on one of the selectmen of the town to be proceeded against, within 21 days from the date of the application, notifying the town to appear and show cause why the request of the application should not be granted.
19 V.S.A. § 1111 — VT Code / Title 19 / Chapter 11 / Section 1111
§ 1111. Permitted use of the right-of-way relocation or adjustment orders
Status: in_force

(a) Permits; relocation or adjustment orders.

(1) Permits must be obtained by anyone or any corporation wishing to use as described in this section any part of the highway right-of-way on either the State or town system. Notwithstanding any other statutory requirement, a permit shall be required for any use of any highway right-of-way, consistent with the provisions of this section. In issuing a permit under this section for a use of a State highway right-of-way, the Secretary may require a transportation impact fee in accordance with 10 V.S.A. chapter 151, subchapter 5. Except for this transportation impact fee authority of the Secretary, the authority given to the Board, the Secretary, and the Attorney General under this section shall also apply to the legislative bodies of towns or their designees.

(2) Except in emergencies, the Agency or the municipality shall seek input and consider input received from affected utilities before issuing a utility relocation or adjustment order. In specifying the times for utility relocation or adjustment work, the Agency or the municipality shall allocate to each a reasonable time for its role in the relocation or adjustment work after taking into account:

(A) the season of the year; and

(B) the respective duties and responsibilities of the pole or conduit owner and the involved utilities, including the need to install, transfer, or retire individual components in a specific sequence.

(3) When the Agency or a municipality issues a utility relocation or adjustment order in accordance with law in connection with highway maintenance or construction activities, and a utility fails to move or adjust its line or other facility within the time specified in the order, that utility shall be liable to the State or to the municipality for damages that the State or the municipality is required to pay a contractor for delay caused by the failure. However, a utility shall not be liable for such damages if its failure to move or adjust the line or facility is for reasons beyond its control, including: emergency restoration activities; inclement weather; timing restrictions imposed by law or permits; terms of collective bargaining agreements; or the failure of another utility to complete its assigned responsibilities for the installation, transfer, or retirement of its facilities. If the Agency or the selectboard cannot agree with a utility as to whether the utility is liable or as to the amount of damages under this subdivision (a)(3), the Agency or selectboard may bring an action in accordance with subsection (h) of this section.

(b) Driveway entrances; highway grades; drainage. It shall be unlawful to develop, construct, regrade, or resurface any driveway, entrance, or approach; or build a fence or building; or deposit material of any kind within; or to in any way affect the grade of a highway right-of-way; or obstruct a ditch, culvert, or drainage course that drains a highway; or fill or grade the land adjacent to a highway so as to divert the flow of water onto the highway right-of-way without a written permit from the Agency, in the case of State highways, or the legislative body or designee of a municipality, in the case of town highways. As a condition of any such permit, compliance with all local ordinances and regulations relating to highways and land use shall be required. The Agency or legislative body, within their respective jurisdictions, may make such rules to carry out the provisions of this section as will adequately protect and promote the safety of the traveling public, maintain reasonable levels of service on the existing highway system, and protect the public investment in the existing highway infrastructure, but shall in no case deny reasonable entrance and exit to or from property abutting the highways, except on limited access highways, using safety, maintenance of reasonable levels of service on the existing highways, and protection of the public investment in the existing highway infrastructure as the test for reasonableness, and except as necessary to be consistent with the planning goals of 24 V.S.A. § 4302 and to be compatible with any regional plan, State agency plan, or approved municipal plan. However, in any case involving an access permit for a development contributing 75 or more peak hour trips to State highways or class 1 town highways, the permit may include reasonable conditions and requirements to protect service levels on such highways.

(c) Installing pipes and wires in highway.

(1) It shall be unlawful to dig up or excavate a trench in a public highway for the purpose of installing pipes or wires without a written permit from the Agency in the case of State highways and the selectboard for town highways. The permit shall include any conditions imposed by the issuing party. All inspection of excavation and backfilling shall be done under the supervision of an agent of either the town or State as the case may be. Failure of any person, corporation, or municipality to perform the work or to restore the highways in a satisfactory and timely manner to the Agency or the town may result in either the Agency or the town completing the work at the expense of the permit holder; provided, however, the Agency or town shall give timely notice to the permit holder of any defects, and the permit holder, upon receipt of notice, shall have a reasonable time in which to repair the defects. The Agency or the selectboard may recover reasonable expenses incurred in this manner in a civil action in the name of the State or town with costs.

(2) These provisions shall not apply to cities and shall not prevent a person, corporation, or municipality from excavating to make emergency repairs to a break in a pipe or a short in a wire, but in all cases all work shall be completed to the satisfaction of the Agency or the town. Notice shall be given to the appropriate persons as expeditiously as possible after discovery of the problem.

(d) Use by private sewer or water lines. The Agency may issue permits allowing the use of highway rights-of-way for private sewer or water lines if, following notice and hearing, the Board certifies to the Agency that the requested use will serve the needs of the public. In its certificate, the Board may attach conditions as are required, including the following:

(1) the installation of sewer or water lines shall conform with plans and specifications approved by the Agency and shall be relocated at no cost to the State whenever the right-of-way is needed for highway purposes;

(2) reimbursement of the Agency by the permit applicant for the actual costs of the review, inspection, and engineering services provided by the Agency for these installations; and

(3) reimbursement of the Agency by the permit applicant for the cost of assigning an inspector to the project during construction.

(e) Project inspectors; highway access plan. The Agency may assign an inspector to the project during construction at the applicant's expense. Any application to the Agency for a drive or access permit by reason of any development subject to the provisions of this section shall include a proposed highway access plan for the entire tract of land. The Agency shall impose reasonable conditions to reduce the number of accesses that will be required for the tract of land. These conditions may include one or more of the following: a required setback of any construction or improvements from the highway to permit the construction of frontage road or roads; acceleration and deceleration lanes; or other areas for off-highway control and management of vehicles and may require reimbursement for any costs to the State for the installation of traffic control devices or road improvements reasonably required because of the development, and may permit or require integration of the access and on-site traffic control facilities and connection of frontage roads between contiguous tracts of land as development is occurring or may occur along the highway.

(f) Revoking access; frontage road. The Agency, in the case of State highways, or the selectboard, in the case of town highways, may, as development occurs on land abutting the highway, provide as a condition of any permit for the elimination of access previously permitted and require the construction of a common frontage road or other access improvements that may serve more than one property or lot.

(g) Permit suspension. In addition to any other enforcement powers that may be provided for by law, the Secretary or his or her designated representative, on behalf of the Agency, or the legislative body or designee, on behalf of a municipality, may suspend any permit under this section until compliance is obtained. If there is continued use or activity after suspension, the Secretary, on behalf of the Agency, or the legislative body, on behalf of a municipality, may physically close the driveway or access point if, in the opinion of the Secretary or the legislative body, the safety of highway users is or may be affected.

(h) Restraining prohibited acts; damages. Whenever the Secretary believes that any person is in violation of the provisions of this chapter, he or she may also bring an action in the name of the Agency in a court of competent jurisdiction against the person to collect civil penalties as provided for in subsection (j) of this section, for damages, and to restrain by temporary or permanent injunction the continuation or repetition of the violation. The selectboard shall have the same authority for town highways. The court may issue temporary or permanent injunctions without bond, and any other relief as may be necessary and appropriate for abatement of any violation. An action, injunction, or other enforcement proceeding by a municipality relating to the failure to obtain or comply with the terms and conditions of any permit issued by a municipality pursuant to this section shall be instituted within 15 years from the date the alleged violation first occurred and not thereafter. The burden of proving the date on which the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.

(i) Assurance of discontinuance. The Secretary or the selectboard may accept an assurance of discontinuance of any violation of the terms of this chapter, including when applicable schedules of abatement for a violation. Any assurance of discontinuance shall be in writing and shall be filed with the Attorney General, the court having jurisdiction over the subject matter, and the town clerk of the town in which the violation occurred for recording in the land records. The Attorney General, within ten days of receipt of the assurance, if he or she objects to the terms, may petition the Board for a hearing of the violation in the manner prescribed by law. The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 15 days thereafter. Evidence of violation of an assurance shall be prima facie proof of the violation as cited in the assurance. Prior to institution of any action or proceeding under this subsection, the Secretary, whenever he or she believes any person to be or to have been in violation, may issue a notice of violation setting forth the nature of the violation, the corrective action necessary to abate the violation, and notice of intention to institute an action or proceeding against the person responsible for the violation. In this event, the Secretary shall within 30 days provide the person with notice, an opportunity to be heard, and an opportunity to settle the matter before instituting an action or proceeding as provided for in this subsection.

(j) Civil penalty. Any person who violates the provisions of this chapter or the terms of an order issued by a court under this chapter shall forfeit and pay to the State a civil penalty of not less than $100.00 and not more than $10,000.00 for each violation; provided, however, where violation of an order is of a continuing nature, each day during which the violation continues after the date fixed by the court for the correction or termination of the violation shall constitute an additional separate and distinct offense, except during the time an appeal from the order may be taken or is pending. For the purposes of this subsection, the court issuing the injunction on petition of the Secretary shall retain jurisdiction for purposes of awarding the civil penalty.

(k) Recording of deeds. No deed purporting to subdivide land abutting a State highway or a class 1 town highway can be recorded unless all the abutting lots so created are in accord with the standards of this section, including the requirement to provide a frontage road or roads.

(l) Recording of permits; recording fees. Initial and subsequent permits shall be recorded at the expense of the applicant in the land records of any municipality in which the affected property is located, unless the Agency (in the case of State highways) or the legislative body (in the case of town highways) determines that such action is not warranted in specific instances or for certain categories of permits. The Agency or the legislative body may include, as a condition of the permit, that the issued permit shall not be valid until the permit holder records in the office of the appropriate municipal clerk the “notice of permit action” provided with the issued permit by the Agency or the legislative body.
19 V.S.A. § 1502 — VT Code / Title 19 / Chapter 15 / Section 1502
§ 1502. Compliance with federal requirements; use of federal aid money
Status: in_force

(a) To effect the purposes of section 1501 of this title, the Agency may comply with federal rules and regulations and may use so much of the funds appropriated to the Agency, or available to it pursuant to 32 V.S.A. § 5 or 511, for highway purposes as shall be necessary to secure aid from the federal government under the federal act specified in section 1501 of this title and, in addition, may use such sums as may be necessary for surveys, plans, specifications, estimates, and assistance necessary to carry out the provisions of this chapter.

(b) To carry out the transportation planning process required by the Intermodal Surface Transportation Efficiency Act of 1991 (the Act), 23 U.S.C. § 134, as may be amended, the Governor shall designate a metropolitan planning organization for any urbanized area of more than 50,000 population and may take other action necessary to ensure the State's compliance with the Act and any federal regulations pertaining to the Act. A designation of a metropolitan planning organization shall remain in effect until revoked by the Governor.
19 V.S.A. § 1504 — VT Code / Title 19 / Chapter 15 / Section 1504
§ 1504. Cooperation by municipalities
Status: in_force

A municipality may cooperate with the Agency of Transportation and the Transportation Board in any way necessary to carry out the provisions of this chapter, and to that end may contribute financial or other assistance.
19 V.S.A. § 708 — VT Code / Title 19 / Chapter 7 / Section 708
§ 708. Petition
Status: in_force

(a) Persons who are either voters or landowners, and whose number is at least five percent of the voters, in a town, desiring to have a highway laid out, altered, reclassified, or discontinued, may apply by petition in writing to the selectboard for that purpose. A person who is a landowner in a town, desiring to have an unidentified corridor which passes through or abuts his or her land discontinued or altered, may apply in writing to the selectboard for that purpose. The selectboard may also initiate these proceedings on its own motion.

(b) A class 4 highway need not be reclassified to class 3 merely because there exists within a town one or more class 3 highways with characteristics similar to the class 4 highway. In considering whether to reclassify a class 4 highway to class 3, consideration may be given as to whether the increased traffic and development potential likely to result from the reclassification is desirable or is in accordance with the town plan.
19 V.S.A. § 776 — VT Code / Title 19 / Chapter 7 / Section 776
§ 776. Damages for highways discontinued before completion
Status: in_force

When a public highway is laid out and damages are assessed to the owners of the land or rights acquired and the highway is legally discontinued before being worked or opened, the assessment of damages shall become void. Damages from the laying out, less actual damages accrued before discontinuance, shall be returned to the town. Actual damages before discontinuance shall be established by the selectboard using the procedure in section 923 of this title. Thereafter, title to the land shall be returned to the original landowner or his or her assigns.
19 V.S.A. § 4 — VT Code / Title 19 / Chapter 1 / Section 4
§ 4. Transportation Board; meetings; quorum; compensation
Status: in_force

The Board shall hold meetings as may be required for the performance of its duties and shall meet at such times and places as may be designated by the Chair. The Chair shall call a meeting upon the written request of the Governor or the written request of two Board members. A majority of the Board shall constitute a quorum. The members of the Board shall receive a per diem as provided by Title 32 for the time actually spent in work authorized by the Board and shall be reimbursed for necessary expenses while away from home.
19 V.S.A. § 304 — VT Code / Title 19 / Chapter 3 / Section 304
§ 304. Duties of selectboard
Status: in_force

(a) It shall be the duty and responsibility of the selectboard of the town to, or acting as a board, it shall have the authority to:

(1) See that town highways and bridges are properly laid out, constructed, maintained, altered, widened, vacated, discontinued, and operated, when the safety of the public requires, in accordance with the provisions of this title.

(2) Take any action consistent with the provisions of law, including determinations made pursuant to subdivision 302(a)(3)(B) or subsection 310(a) of this title, that are necessary for or incidental to the proper management and administration of town highways.

(3) Purchase tools, equipment, and materials necessary for the construction, maintenance, or repair of highways and bridges, and to incur indebtedness from the municipal equipment loan fund as established in 29 V.S.A. § 1601 for these purchases. It may contract with governmental or private agencies for the use of tools, equipment, road building material, and services.

(4) Order hills graded, surfaces graveled, or treated with a dust layer, or surface treated with bituminous material, upon any town highway either laid out by them or already existing.

(5) Grant permission to enclose pent roads and trails by the owner of the land during any part of the year, by erecting stiles, unlocked gates, and bars in the places designated and to make regulations governing the use of pent roads and trails and to establish penalties not to exceed $50.00, for noncompliance. Permission shall be in writing and recorded in the town clerk's office.

(6) Make special regulations as to the operation, use, and parking of motor vehicles on highways under their jurisdiction, as provided in Title 23.

(7) Make special regulations as to the speed of motor vehicles using the highways under their jurisdiction, as provided in Title 23.

(8) Lay out winter roads and lumber roads pursuant to chapter 9 of this title.

(9) Change the course of a stream, pursuant to chapter 9 of this title.

(10) Erect embankment on stream, pursuant to chapter 9 of this title.

(11) Construct a watercourse, drain, or ditch from a highway across lands of any person, pursuant to chapter 9 of this title.

(12) Lay out, alter, classify, and discontinue town highways, pursuant to chapter 7 of this title.

(13) Forward the town's annual plan for the construction and maintenance of town highways to the agency of transportation.

(14) Keep accurate accounts, showing in detail all monies received by them including from whom and when received and all monies paid out by them, to whom and for what purpose, and settle the accounts with auditors not less than 25 days before the annual meeting.

(15) Receive grant funds and gifts from public and private sources.

[Subdivision (a)(16) effective until April 1, 2026; see also subdivision (a)(16) effective April 1, 2026 set out below.]

(16) Unless the town electorate votes otherwise, under the provisions of 17 V.S.A. § 2646, appoint a road commissioner, or remove him or her from office, pursuant to 17 V.S.A. § 2651. Road commissioners, elected or appointed, shall have only the powers and authority regarding highways granted to them by the selectboard.

[Subdivision (a)(16) effective April 1, 2026; see also subdivision (a)(16) effective until April 1, 2026 set out above.]

(16) Unless the town electorate votes otherwise, under the provisions of 17 V.S.A. § 2646, appoint a road commissioner, or remove the road commissioner from office, pursuant to 17 V.S.A. § 2651. Road commissioners, elected or appointed, shall have only the powers and authority regarding highways granted to them by the selectboard.

(17) Number houses and name highways if desired.

(18) Participate in cooperative purchasing arrangements with the State or other municipalities.

(19) Prepare a transportation plan and capital budget for transportation for voter approval.

(20) Retain staff and consultant assistance if needed in carrying out duties and powers.

(21) Issue permits for work in highway rights-of-way pursuant to chapter 11 of this title.

(22) Regulate the location and relocation of utility wires and poles pursuant to 30 V.S.A. chapter 71.

(23) Publish and adopt after public hearing(s) road specifications for highways to be built or rebuilt within the town in compliance with applicable statutes.

[Subdivision (a)(24) effective April 1, 2026.]

(24) Maintain trails, but shall not be required to maintain trails.

(b) Nothing in this chapter shall be construed to affect the rights and powers conferred on incorporated villages and cities by their charters to appoint street commissioners, collect and disburse highway taxes, and repair and maintain highways under their care.
19 V.S.A. § 2601 — VT Code / Title 19 / Chapter 26 / Section 2601
§ 2601. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates:

(1) “Best value” means the highest overall value to the State, considering quality and cost.

(2) “Design-build contracting” means a method of project delivery where a single entity is contractually responsible to perform design, construction, and related services.

(3) “Major participant” means any entity that would have a major role in the design or construction of the project as specified by the Agency in the request for proposals.

(4) “Project” means the highway, bridge, railroad, airport, trail, transportation, building, or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties, and incidentals needed for a complete and functioning product.

(5) “Proposal” means an offer by the proposer to design and construct the project in accordance with all request-for-proposals provisions for the price contained in the proposal.

(6) “Proposer” means an individual, firm, corporation, limited-liability company, partnership, joint venture, sole proprietorship, or other entity that submits a proposal. After contract execution, the successful proposer is the design-builder.

(7) “Quality” means those features that the Agency determines are most important to the project. Quality criteria may include quality of design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct, and other factors that the Agency considers to be in the best interests of the State.
19 V.S.A. § 1106 — VT Code / Title 19 / Chapter 11 / Section 1106
§ 1106. Overnight camping
Status: in_force

A person shall not use any part of a public highway right-of-way, a public rest area associated with a public highway, or any public land not so designated by the agency, department, or municipality having control of same as an overnight camping area for the purpose of overnight camping. A person who violates this section shall be fined not more than $50.00 for each day he or she is in violation.
19 V.S.A. § 318 — VT Code / Title 19 / Chapter 3 / Section 318
§ 318. Local Technical Assistance Program; input from municipalities
Status: in_force

(a) Prior to submitting a fiscal year Local Technical Assistance Program (LTAP) work plan to the Federal Highway Administration for approval, the Agency shall, in consultation with the Vermont League of Cities and Towns and any other person the Agency deems appropriate, solicit from all Vermont towns, villages, and cities:

(1) input on whether the Agency is providing effective municipal transportation-related technical assistance and training through the LTAP;

(2) recommendations on how to improve the Agency's operation of the LTAP; and

(3) recommendations for new training, technical assistance, or support functions to be provided through the LTAP.

(b) The Agency shall consider the input and recommendations received from municipalities in developing its annual LTAP work plan.

(c) Upon request, the Agency shall provide the Vermont League of Cities and Towns administrative support in soliciting and collecting municipal input and recommendations.
19 V.S.A. § 811 — VT Code / Title 19 / Chapter 7 / Section 811
§ 811. Benefits to landowner considered
Status: in_force

In estimating the damages sustained by a person owning or interested in lands, by reason of laying out or altering a highway, the benefits which the person may receive shall be taken into consideration.
19 V.S.A. § 727 — VT Code / Title 19 / Chapter 7 / Section 727
§ 727. Application
Status: in_force

The application shall be made within 60 days after the highway is opened for travel. A person who did not receive notice of the selectboard's hearing may apply within one year of the day the highway is opened.
19 V.S.A. § 753 — VT Code / Title 19 / Chapter 7 / Section 753
§ 753. Hearing by commissioners
Status: in_force

The commissioners shall appoint a time and place for examination and hearing, give notice to one or more selectboard members and to persons owning or interested in the land through which the highway may be laid, examine the premises, and inquire into the convenience and necessity of the highway in the same manner as the selectmen, following the requirements of section 709 of this title.
19 V.S.A. § 935 — VT Code / Title 19 / Chapter 9 / Section 935
§ 935. Relocation of highway
Status: in_force

When a highway is made impassable, or the width reduced to prevent the free and safe passage, by a landslide or washout, or a bridge is swept away by a flood, the selectboard may change the location of the highway or the bridge and may discontinue any resulting unnecessary parts of the old highway. It may take, damage, or affect such land as may be necessary at the location of the slide or washout for the purpose of re-establishing, repairing, rebuilding, or protecting the highway or bridge and may proceed immediately to build or rebuild the highway or bridge and open the highway or bridge for work and travel.
19 V.S.A. § 319 — VT Code / Title 19 / Chapter 3 / Section 319
§ 319. Better Connections Grant Program
Status: in_force

(a) The Better Connections Grant Program is created and shall be administered and staffed by the Policy, Planning and Research Bureau of the Agency in collaboration with the Agency of Commerce and Community Development and the Agency of Natural Resources.

(b) The Program shall be funded through appropriations to the Agency for policy, planning, and research.

(c) The Program shall provide planning grants to aid municipalities to coordinate municipal land use decisions with transportation investments that build community resilience to:

(1) provide a safe, multimodal, and resilient transportation system that supports the Vermont economy;

(2) support downtown and village economic development and revitalization efforts; and

(3) lead directly to project implementation demonstrated by municipal capacity and readiness to implement.
19 V.S.A. § 1506 — VT Code / Title 19 / Chapter 15 / Section 1506
§ 1506. Maintenance; payment
Status: in_force

The Agency may maintain any bridge built or repaired under the provisions of section 1505 of this title and may advance the cost. Upon demand of the Agency, the municipality shall reimburse the State for the expenditures made, and the amount repaid shall be deposited in the account from which the expenditure was made.
19 V.S.A. § 1102 — VT Code / Title 19 / Chapter 11 / Section 1102
§ 1102. Acquiring highways by adverse possession
Status: in_force

A right or interest within the limits of a highway shall not be acquired by anyone by possession or occupation.
19 V.S.A. § 1604 — VT Code / Title 19 / Chapter 16 / Section 1604
§ 1604. Applicability
Status: in_force

(a) Eligibility for reimbursement of utility relocation costs incurred for highway projects that advance to the construction phase after April 25, 1995 shall be determined in accordance with the standards provided in this chapter.

(b) The reimbursement provisions of this chapter only apply to “utilities,” as defined in section 1602 of this title.

(c) Unless the context clearly indicates otherwise, this chapter shall be applied in conjunction with regulations of the U.S. Department of Transportation, Federal Highway Administration, 23 C.F.R. Part 645-Utilities, as may be amended.
19 V.S.A. § 31 — VT Code / Title 19 / Chapter 1 / Section 31
§ 31. Abandonment of project; reconveyance
Status: in_force

If land has been acquired by the State in fee simple for highway purposes, or if the State has acquired a perpetual leasehold in land for highway purposes, and if the land has not been improved subsequent to its acquisition, the State shall not sell or dispose of the land within six years of the date of its acquisition unless it first offers to reconvey it to the person or persons from whom it was acquired or their heirs or assigns, for a consideration equal to the price at which it was acquired, plus interest at the rate of six percent per year from date of acquisition by the State, provided that the address of the person or persons is known to or reasonably ascertainable by the Agency. The person or persons to whom the land is to be offered shall be given written notice of their right to repurchase the land under this section and shall be allowed 60 days to complete the purchase in the event they desire to exercise that right.
19 V.S.A. § 993 — VT Code / Title 19 / Chapter 9 / Section 993
§ 993. Joint liability
Status: in_force

When towns, jointly liable, fail to keep a bridge in repair, they may be indicted by the grand jury of any county in which either of the towns is situated and may be fined at the discretion of the court. The fine and costs shall be paid by the several towns in the proportion in which they were assessed for the building of the bridge. In making the apportionment, the court may take into consideration what has already been paid by any town and issue execution against each for its proportion. The fine shall be spent in repairing the bridge under the direction of a commissioner appointed by the court.
19 V.S.A. § 728 — VT Code / Title 19 / Chapter 7 / Section 728
§ 728. Service
Status: in_force

On receipt of the petition, the court shall issue a citation stating the time and place of hearing that, with the petition, shall be served on one or more selectboard members at least six days before the time.
19 V.S.A. § 902 — VT Code / Title 19 / Chapter 9 / Section 902
§ 902. Penalty for removal
Status: in_force

(a) A person, other than the Agency, the abutting landowner, the municipality, or the tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages trees within the limits of a State highway or municipal right-of-way shall be fined pursuant to 13 V.S.A. § 3602, unless the person has obtained prior written consent from the Agency, municipality, or tree warden.

(b) A person, other than the Agency, the abutting landowner, the municipality, or the tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages grasses, shrubs, or vines within highway limits in violation of section 901 of this title shall be fined not more than $100.00 nor less than $10.00, for each offense, unless the person has obtained prior written consent from the Agency or municipality.
19 V.S.A. § 995 — VT Code / Title 19 / Chapter 9 / Section 995
§ 995. Description of highway
Status: in_force

It shall not be necessary to state in the indictments the exact length or width of the highway, but it shall be sufficient to describe it as a highway leading from some particular place to some other particular place.
19 V.S.A. § 1905 — VT Code / Title 19 / Chapter 19 / Section 1905
§ 1905. Appeals
Status: in_force

A town in which a relinquishment under section 1902 of this title is to be effected, which is dissatisfied with the determination of the Agency, may appeal that determination to the Board within 30 days from the date on which the Secretary files the Agency's certificate under section 1904 of this title. The Board, after hearing the appeal, shall make findings of fact and issue its order and may by the order affirm the determination of the Agency, set the determination aside, or establish reasonable conditions under which the Agency, if it still desires to do so in the case, may relinquish control to the town concerned. Any party may appeal the Board's decision to the Superior Court. However, there shall be no appeal to a relinquishment under subsection 1903(a) of this title.
19 V.S.A. § 34 — VT Code / Title 19 / Chapter 1 / Section 34
§ 34. Appeal from survey
Status: in_force

(a) A person who has title to land abutting to a highway that is surveyed by the Agency or the selectboard and who is dissatisfied with the survey may appeal the results of the survey in the Superior Court in the county in which the affected property is located. Any such appeal must be brought within 120 days from the date the results of the survey are filed with the town clerk. The results of the survey shall be binding against any property owner who does not appeal within the 120-day period.

(b) On a motion of a person, or the Agency, or upon order of the court, any person who has a legally recorded interest in the property that is the subject of the Superior Court action may be joined as a party at any time before final determination, upon such terms as the court may prescribe.
19 V.S.A. § 808 — VT Code / Title 19 / Chapter 7 / Section 808
§ 808. Payment of damages
Status: in_force

When a court orders damages to be paid to a person for injury done to his or her lands by laying out or altering a highway, it may allow the town a reasonable time to pay the damages, not exceeding the time allowed for opening the highway. If the sum allowed is not paid within the time limited, the clerk of the court shall issue execution for the sum.
19 V.S.A. § 1707 — VT Code / Title 19 / Chapter 17 / Section 1707
§ 1707. Precedence of condemnation proceedings
Status: in_force

Court proceedings to acquire property for limited access facilities shall take precedence over all other causes not involving the public interest in all courts, to the end that completion of limited access facilities may be expedited.
19 V.S.A. § 809 — VT Code / Title 19 / Chapter 7 / Section 809
§ 809. Value of discontinued highway
Status: in_force

When a discontinued highway belongs to the owner of land through which a highway is laid out, the value may be taken into consideration in estimating the damages sustained by the owner.
19 V.S.A. § 11a — VT Code / Title 19 / Chapter 1 / Section 11a
§ 11a. Transportation fund appropriations
Status: in_force

No transportation funds shall be appropriated for the support of government other than for the Agency, the Board, Transportation Pay Act Funds, construction of transportation capital facilities, transportation debt service, and the operation of information centers by the Department of Buildings and General Services.
19 V.S.A. § 2702 — VT Code / Title 19 / Chapter 27 / Section 2702
§ 2702. Private road maintenance
Status: in_force

In the absence of an express agreement or requirement governing maintenance of a private road, when more than one person enjoys a common benefit from a private road each person shall contribute rateably to the cost of maintaining the private road and shall have the right to bring a civil action to enforce the requirement of this section.
19 V.S.A. § 11e — VT Code / Title 19 / Chapter 1 / Section 11e
§ 11e. Reimbursements
Status: in_force

Receipts for damage to State property under the control of the Agency of Transportation, other than recoveries under 32 V.S.A. § 134, sales of supplies, interdepartmental transfers for maintenance of roads under the jurisdiction of other departments of the State, receipts from the Efficiency Vermont Program, and receipts from municipalities and public utilities cooperating with the Agency of Transportation for highway or grade crossing work shall be credited to the same account from which the expenditures have been or will be incurred.
19 V.S.A. § 784 — VT Code / Title 19 / Chapter 7 / Section 784
§ 784. Suspension of assessment upon discontinuance of highway or bridge
Status: in_force

When a highway or bridge established by a court is discontinued in whole or in part and before the assessment under section 781 of this title has been spent according to the court order, the town assessed may apply to have the court suspend the collection of the assessment in whole or in part and order the assessment in whole or in part to be spent for building any highway or bridge that the town is liable to build.
19 V.S.A. § 12 — VT Code / Title 19 / Chapter 1 / Section 12
§ 12. Appropriations to Agency of Transportation
Status: in_force

Monies appropriated from the Transportation Fund to the Agency shall be appropriated to the Agency accounts for the following purposes:

(1) construction and maintenance of State highways, railroads, and airports, including necessary buildings and equipment;

(2) aid to municipalities for the support of class 1, 2, or 3 town highways and bridges;

(3) general administration of the Agency, including a grant for pensions;

(4) debt service for principal and interest of highway bonds;

(5) operation of public transit systems, railroads, and airports, including administration of appropriate sections of Title 5; and

(6) operation of the Department of Motor Vehicles, including administration of Title 23.
19 V.S.A. § 2614 — VT Code / Title 19 / Chapter 26 / Section 2614
§ 2614. Legislative approval [Repealed effective July 1, 2026]
Status: in_force

If the Secretary determines that a proposal that requires legislative approval under section 2613 of this title is in the public interest and should be pursued, the Secretary shall submit to the General Assembly:

(1) a description of the proposal, including:

(A) a summary of the project scope and timeline;

(B) the rights and obligations of the State and private entity partner or partners, including the level of involvement of all partners in any ongoing operations, maintenance, and ownership of a facility;

(C) the nature and amount of State funding of the project and of any ongoing State financial responsibility for ongoing maintenance or operation costs; and

(D) its effect on any project in the most recent approved Transportation Program;

(2) a statement detailing how the proposal meets the Agency's criteria developed under this subchapter; and

(3) proposed legislation to confer authority to the Agency to enter into a P3 agreement with respect to the proposal.
19 V.S.A. § 1705 — VT Code / Title 19 / Chapter 17 / Section 1705
§ 1705. Acquisition of property
Status: in_force

The Agency or the town may acquire private or public property for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as it may acquire property for other highways within its jurisdiction. It shall take title in fee simple when practical. In connection with the acquisition of property for any limited access facility or portion of a facility, or service road in connection with a facility, the Agency or town may acquire an entire lot, block, or tract of land if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way.
19 V.S.A. § 730 — VT Code / Title 19 / Chapter 7 / Section 730
§ 730. Commission
Status: in_force

The court shall direct the commission to impartially appraise the damages sustained by the petitioner or the relief sought as set forth in the petition, and report their findings to the court by a date stated in the instructions.
19 V.S.A. § 10g — VT Code / Title 19 / Chapter 1 / Section 10g
§ 10g. Annual report; Transportation Program; advancements, cancellations, and delays
Status: repealed

(a) Proposed Transportation Program. The Agency of Transportation shall annually present to the General Assembly for adoption a multiyear Transportation Program covering the same number of years as the Statewide Transportation Improvement Program (STIP), consisting of the recommended budget for all Agency activities for the ensuing fiscal year and projected spending levels for all Agency activities for the following fiscal years. The Program shall include a description and year-by-year breakdown of recommended and projected funding of all projects proposed to be funded within the time period of the STIP and, in addition, a description of all projects that are not recommended for funding in the first fiscal year of the proposed Program but that are scheduled for construction during the time period covered by the STIP. The Program shall be consistent with the planning process established by 1988 Acts and Resolves No. 200, as codified in 3 V.S.A. chapter 67 and 24 V.S.A. chapter 117, the statements of policy set forth in sections 10b-10f of this title, and the long-range systems plan, corridor studies, and project priorities developed through the capital planning process under section 10i of this title.

(b) Projected spending. Projected spending in future fiscal years shall be based on revenue estimates as follows:

(1) with respect to State funds, on the consensus forecast for Transportation Fund revenue adopted pursuant to 32 V.S.A. § 305a and for later years on other consensus or Executive Branch estimates of Transportation Fund revenues; and

(2) with respect to federal funds, on such federal regulations that apply to the development of the STIP.

(c) Systemwide performance measures. The Program proposed by the Agency shall include systemwide performance measures developed by the Agency to describe the condition of the Vermont transportation network. The Program shall discuss the background and utility of the performance measures, track the performance measures over time, and, where appropriate, recommend the setting of targets for the performance measures.

(d) [Repealed.]

(e) Prior expenditures and appropriations carried forward.

(1) The Agency's annual Transportation Program shall include a separate report summarizing with respect to the most recently ended fiscal year:

(A) all expenditures of funds by source; and

(B) all unexpended appropriations of transportation funds and TIB funds that have been carried forward from the previous fiscal year to the ensuing fiscal year.

(2) The summary shall identify expenditures and carry forwards for each program category included in the proposed annual Transportation Program as adopted for the closed fiscal year in question and such other information as the Agency deems appropriate.

(f) Adopted Transportation Program. Each year following adoption of a Transportation Program under this section, the Agency shall prepare and make available to the public the Transportation Program adopted by the General Assembly. The resulting document shall be entered in the permanent records of the Agency and shall constitute the State's official Transportation Program.

(g) Project updates. The Agency's annual proposed Transportation Program shall include project updates referencing this section and listing the following:

(1) all proposed projects in the Program that would be new to the State Transportation Program;

(2) all projects for which total estimated costs have increased by more than $5,000,000.00 from the estimate in the adopted Transportation Program for the prior fiscal year or by more than 75 percent from the estimate in the adopted Transportation Program for the prior fiscal year;

(3) all projects for which the total estimated costs have, for the first time, increased by more than $10,000,000.00 from the Preliminary Plan estimate or by more than 100 percent from the Preliminary Plan estimate; and

(4) all projects funded for construction in the prior fiscal year's adopted Transportation Program that are no longer funded in the proposed Transportation Program submitted to the General Assembly, the projected costs for such projects in the prior fiscal year's adopted Transportation Program, and the total costs incurred over the life of each such project.

(h) Project delays; emergency and safety issues; additional funding; cancellations.

(1) If capital projects in the Transportation Program are delayed because of unanticipated problems with permitting, right-of-way acquisition, construction, local concern, or availability of federal or State funds, the Secretary is authorized to advance other projects in the adopted Transportation Program for the current fiscal year.

(2) The Secretary is further authorized to undertake projects to resolve emergency or safety issues that are not included in the adopted Transportation Program for the current fiscal year. Upon authorizing a project to resolve an emergency or safety issue, the Secretary shall give prompt notice of the decision and action taken to the Joint Fiscal Office and to the House and Senate Committees on Transportation when the General Assembly is in session and to the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session.

(3) If a project in the adopted Transportation Program for the current fiscal year requires additional funding to maintain the schedule in the adopted Transportation Program for the current fiscal year, the Agency is authorized to allocate the necessary resources. However, the Secretary shall not delay or suspend work on projects in the adopted Transportation Program for the current fiscal year to reallocate funding for other projects except when other funding options are not available. In such case, the Secretary shall notify the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session and the House and Senate Committees on Transportation and the Joint Fiscal Office when the General Assembly is in session. With respect to projects in the approved Transportation Program, the Secretary shall notify the regional planning commission for the district where the affected project is located, the municipality where the affected project is located, the legislators for the district where the affected project is located, the House and Senate Committees on Transportation, and the Joint Fiscal Office of any change that likely will affect the fiscal year in which the project is planned to go to construction.

(4) No project shall be canceled without the approval of the General Assembly, except that the Agency may cancel a municipal project upon the request or concurrence of the municipality, provided that notice of the cancellation is included in the Agency's annual proposed Transportation Program.

(i) Economic development proposals. For the purpose of enabling the State, without delay, to take advantage of economic development proposals that increase jobs for Vermonters, a transportation project certified by the Governor as essential to the economic infrastructure of the State economy, or a local economy, may, if approval is required by law, be approved for construction by a committee comprising the Joint Fiscal Committee meeting with the chairs of the House and Senate Committees on Transportation or their designees without explicit project authorization through an adopted Transportation Program.

(j) Plan for advancing projects. The Agency of Transportation, in coordination with the Agency of Natural Resources and the Division for Historic Preservation, shall prepare and implement a plan for advancing projects contained in the adopted Transportation Program for the current fiscal year. The plan shall include the assignment of a project manager from the Agency of Transportation for each project. The Agency of Transportation, the Agency of Natural Resources, and the Division for Historic Preservation shall set forth provisions for expediting the permitting process and establishing a means for evaluating each project during concept design planning if more than one agency is involved to determine whether it should be advanced or deleted from the Program.

(k) Definition. As used in subsection (h) of this section, “emergency or safety issues” means:

(1) serious damage to a transportation facility caused by a natural disaster over a wide area, such as a flood, hurricane, earthquake, severe storm, or landslide;

(2) catastrophic or imminent catastrophic failure of a transportation facility from any cause;

(3) any condition identified by the Secretary as hazardous to the traveling public; or

(4) any condition evidenced by fatalities or a high incidence of crashes.

(l) Numerical grading system; priority rating. The Agency shall develop a numerical grading system to assign a priority rating to all Program Development Paving, Program Development Roadway, Program Development Safety and Traffic Operations, Program Development State and Interstate Bridge, Town Highway Bridge, and Bridge Maintenance projects. The rating system shall consist of two separate, additive components as follows:

(1) One component shall be limited to asset management- and performance-based factors that are objective and quantifiable and shall consider the following:

(A) the existing safety conditions in the project area and the impact of the project on improving safety conditions;

(B) the average, seasonal, peak, and nonpeak volume of traffic in the project area, including the proportion of traffic volume relative to total volume in the region, and the impact of the project on congestion and mobility conditions in the region;

(C) the availability, accessibility, and usability of alternative routes;

(D) the impact of the project on future maintenance and reconstruction costs;

(E) the relative priority assigned to the project by the relevant regional planning commission; and

(F) the resilience of the transportation infrastructure to floods and other extreme weather events.

(2) The second component of the priority rating system shall consider the following factors:

(A) the importance of the transportation infrastructure as a factor in the local, regional, or State economy; and

(B) the importance of the transportation infrastructure in the health, social, and cultural life of the surrounding communities.

(3) The priority rating system for Program Development Roadway projects shall award as bonus points an amount equal to 10 percent of the total base possible rating points to projects within a designated downtown development district established pursuant to 24 V.S.A. § 2793.

(m) Inclusion of priority rating. The annual proposed Transportation Program shall include an individual priority rating pursuant to subsection (l) of this section for each highway paving, roadway, safety and traffic operations, and bridge project in the Program along with a description of the system and methodology used to assign the ratings.

(n) Development and evaluation projects; delays. The Agency's annual proposed Transportation Program shall include a project-by-project description in each program of all proposed spending of funds for the development and evaluation of projects. These funds shall be reserved to the identified projects subject to the discretion of the Secretary to reallocate funds to other projects within the program when it is determined that the scheduled expenditure of the identified funds will be delayed due to permitting, local decision making, the availability of federal or State funds, or other unanticipated problems.

(o) Year of first inclusion. For projects initially included in a Transportation Program adopted after January 1, 2006, the Agency's proposed Transportation Program prepared pursuant to subsection (a) of this section and the adopted Transportation Program prepared pursuant to subsection (f) of this section shall include the year in which the projects were first included in an adopted Transportation Program.

(p) Lamoille Valley Rail Trail. The Agency shall include the annual maintenance required for the Lamoille Valley Rail Trail (LVRT), running from Swanton to St. Johnsbury, in the Transportation Program it presents to the General Assembly under subsection (a) of this section. The proposed authorization for the maintenance of the LVRT shall be sufficient to cover:

(1) maintenance and repair or replacement of any bridges along the LVRT;

(2) maintenance and repair of the fencing along the LVRT and any leased lines;

(3) maintenance and repair of the stormwater systems for the LVRT;

(4) any large-scale surface maintenance required due to dangerous conditions along the LVRT or compromise of the rail bed of the LVRT, or both;

(5) resolution of any unauthorized encroachments related to the rail bed, but not the recreational use of the LVRT; and

(6) any other maintenance obligations required of the Agency under a memorandum of understanding entered into regarding the maintenance of the LVRT.
19 V.S.A. § 810 — VT Code / Title 19 / Chapter 7 / Section 810
§ 810. Allowance lands
Status: in_force

When a lot of land remains entire, as originally divided among the proprietors of a town, and is owned by one person, or jointly, to which a quantity of land was allowed for the use of highways more than has been taken up by highways already laid out, and a highway is laid through the lot, the allowance land may be taken into consideration in estimating the damages sustained by the owner.
19 V.S.A. § 43 — VT Code / Title 19 / Chapter 1 / Section 43
§ 43. State highway closures
Status: in_force

(a) For purposes of this section, the phrase “planned closure of a State highway” means the closure of a State highway for more than 48 hours for a project that is part of the State's annual Transportation Program. The phrase does not include emergency projects or closures of 48 hours or less for maintenance work.

(b) Before the planned closure of a State highway, the Agency shall:

(1) contact the legislative body of any municipality affected by the closure to determine whether the legislative body wishes to convene a regional public meeting for the purpose of hearing public concerns regarding the planned closure; and

(2) conduct a regional public meeting if requested by the legislative body of a municipality affected by the closure.

(c) To address concerns raised at a meeting held pursuant to subsection (b) of this section or otherwise to reduce adverse impacts of the planned closure of a State highway, the Agency shall consult with other State agencies and departments, regional chambers of commerce, regional planning commissions, local legislative bodies, emergency medical service organizations, school officials, and area businesses to develop mitigation strategies.

(d) In developing mitigation strategies, the Agency shall consider the need to provide a level of safety for the traveling public comparable to that available on the segment of State highway affected by the planned closure. If the Agency finds town highways unsuitable for a signed detour, the Agency will advise local legislative bodies of the reasons for its determination.
19 V.S.A. § 1501 — VT Code / Title 19 / Chapter 15 / Section 1501
§ 1501. Acceptance of federal aid
Status: in_force

The State of Vermont assents to, approves, and pledges its good faith to meet the terms of an act of Congress approved July 11, 1916, entitled “An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” and amendments to the act, including flight strips, and the Agency is authorized to take such action as may be necessary to secure to the State the aid and benefits provided by the Act. Whenever the Agency of Transportation determines that funds otherwise authorized to be appropriated to the State under the Federal Aid Road Act, as amended and supplemented, shall not be apportioned to the State if the National System of Interstate Highways within its boundaries may lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight provided for use on these highways in the Act, as amended and supplemented, the Governor shall so declare by proclamation, and thereafter these highways shall not lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight so provided.
19 V.S.A. § 2403 — VT Code / Title 19 / Chapter 24 / Section 2403
§ 2403. Projects not incorporating complete streets principles
Status: in_force

(a) State projects. A State-managed project shall incorporate complete streets principles unless the project manager makes a written determination, supported by documentation, that one or more of the following circumstances exist:

(1) Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.

(2) The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors including land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements. The Agency shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors. If the project manager bases the written determination required under this subsection in whole or in part on this subdivision then the project manager shall provide a supplemental written determination with specific details on costs, needs, and probable uses, as applicable. The supplemental written determination shall also address any design elements that were desired by the municipality or specifically identified in the regional plan pursuant to subdivision 2402(b)(4) of this chapter but were not incorporated.

(3) Incorporating complete streets principles is outside the limited scope of a project as defined in the latest version of the Agency's Complete Streets Guidance.

(b) Municipal projects. A municipally managed project shall incorporate complete streets principles unless the municipality managing the project makes a written determination, supported by documentation, that one or more of the following circumstances exist:

(1) Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.

(2) The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors such as land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements. The municipality shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors. If the municipality managing the project bases the written determination required under this subsection in whole or in part on this subdivision then the project manager shall provide a supplemental written determination with specific details on costs, needs, and probable uses, as applicable. The supplemental written determination shall also address any design elements that were desired by the municipality or specifically identified in the regional plan pursuant to subdivision 2402(b)(4) of this chapter but were not incorporated.

(3) Incorporating complete streets principles is outside the limited scope of a project as defined in the latest version of the Agency's Complete Streets Guidance.

(c) Finality of determinations. The written determinations required by subsections (a) and (b) of this section shall be final and shall not be subject to appeal or further review.

(d) Posting and availability of determinations. The written determinations required by subsections (a) and (b) of this section shall be posted to a web page on the Agency of Transportation's website dedicated to complete streets, in the case of a State-managed project, and made available for public inspection at the office of the municipal clerk, in the case of a municipally managed project.
19 V.S.A. § 502 — VT Code / Title 19 / Chapter 5 / Section 502
§ 502. Authority; precondemnation hearing
Status: in_force

(a) Authority. The Agency, when in its judgment the interests of the State require, may take any property necessary to lay out, relocate, alter, construct, reconstruct, maintain, repair, widen, grade, or improve any State highway, including affected portions of town highways. In furtherance of these purposes, the Agency may enter upon lands to conduct necessary examinations and surveys; however, the Agency shall do this work with minimum damage to the land and disturbance to the owners and shall be subject to liability for actual damages. All property taken permanently shall be taken in fee simple whenever practicable. The Agency's acquisition of property pursuant to this chapter, whether by condemnation or conveyance in lieu of condemnation, shall not require subdivision approval under any law, regulation, or municipal ordinance. For all State highway projects involving property acquisitions, the Agency shall follow the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and its implementing regulations, as may be amended.

(b) Limited access highway facilities. The Agency, in the construction and maintenance of limited access highway facilities, may also take any land or rights of the landowner in land under 9 V.S.A. chapter 93, subchapter 2, relating to advertising on limited access highways.

(c) Public hearing; notice of hearing.

(1) A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the Agency's initiating proceedings under this chapter for the acquisition of any property. The hearing shall be conducted by the Agency.

(2) The Agency shall prepare an official notice stating the purpose for which the property is desired and generally describing the highway project.

(3) Not less than 30 days prior to the hearing, the Agency shall:

(A) cause the official notice to be printed in a newspaper having general circulation in the area affected;

(B) mail a copy of the notice to the legislative bodies of the municipalities affected; and

(C) mail a copy of the notice to all known owners whose property may be taken as a result of the proposed improvement.

(4) At the hearing, the Agency shall set forth the reasons for the selection of the route intended and shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested. Following the hearing, the Agency may proceed to lay out the highway and survey and acquire the land to be taken or affected in accordance with this chapter.

(d) Land used for school purposes. The Agency shall not take land or any right in land that is owned by a town or union school district and being used for school purposes until the voters of the district have voted on the issue of taking at a meeting called for that purpose. A special meeting of the town or union school district shall be called promptly upon receiving notice of a public hearing unless the annual meeting is to be held within 30 days after receiving the notice of public hearing. Due consideration shall be given by the court to the result of the vote, in addition to the other factors referred to in section 501 of this title, in determining necessity.

(e) Future planning. In the interests of orderly and effective future planning, the Agency may acquire land and rights in land to be used for highway purposes within the reasonably foreseeable future, including future construction of four-lane highways on routes presently designed for construction of two lanes, and the construction of interchanges, bridges, and all other improvements to existing highways or highways presently scheduled for construction. In the case of the laying out of highways on a new location, “reasonably foreseeable future” means projects on which construction is to be commenced in a period not exceeding 15 years from the date of acquisition. In the event the Agency determines that the land is no longer necessary for use as a highway, it shall immediately sell the property at public sale to private persons, giving consideration to the adjoining landowners.
19 V.S.A. § 766 — VT Code / Title 19 / Chapter 7 / Section 766
§ 766. Extension of time
Status: in_force

The selectboard of a town in which a highway or bridge is ordered to be built may apply by petition to the court making the order to extend the time for completing the highway or bridge. Notice shall be given to one or more of the original petitioners for the highway or bridge, and one or more of the selectboard of any other town, in which the highway or bridge is partly located, by serving the petition on them with a citation for that purpose, at least 12 days before the term of the court to which the petition is returnable, and the court may extend the time as the circumstances of the case require.
19 V.S.A. § 701 — VT Code / Title 19 / Chapter 7 / Section 701
§ 701. Definitions
Status: in_force

As used in this chapter:

(1) “Acceptance” means receipt of the right-of-way needed for a new highway, in some cases this may include a completed roadway.

(2) “Altered” means a major physical change in the highway such as a change in width from a single lane to two lanes.

(3) “Classification” means the categorization of all town highways pursuant to section 302 of this title.

(4) “Discontinued” means a previously designated town highway which through the process of discontinuance all public rights are reconveyed to the adjoining landowners.

(5) “Dedication” means the process of selecting a right-of-way or an alignment for a highway.

(6) “Interested person” or “person interested in lands” means a person who has a legal interest of record in the property affected.

(7) “Landowner” means a person who has title to real estate in fee simple or a life estate.

(8) “Lay out” means the legal procedure establishing the alignment or right-of-way of a highway.

(9) “Reclassify” means to change the classification of a highway using the legal process described in this chapter.
19 V.S.A. § 505 — VT Code / Title 19 / Chapter 5 / Section 505
§ 505. Hearing on proposed taking; judgment; appeal and stay
Status: in_force

(a) Hearing.

(1) If a timely answer is filed denying the necessity of a taking or the public purpose of the project, the court shall schedule a final hearing to determine the contested issues, which shall be held within 90 days of expiration of the deadline for filing an answer by the last interested person served. Absent good cause shown, the final hearing date shall not be postponed beyond the 90-day period.

(2) At the hearing, the Agency shall present evidence on any contested issue.

(3)(A) The court shall presume that the Agency's determination of the necessity for and public purpose of a project is correct, unless a party demonstrates bad faith or abuse of discretion on the part of the Agency.

(B) The court shall review de novo the Agency's determination of the need to take a particular property and to take it to the extent proposed.

(b) Discovery. Absent a showing of unfair prejudice, the right to discovery on the issues of necessity and public purpose shall be limited to the plans, surveys, studies, reports, data, decisions, and analyses relating to approving and designing the highway project.

(c) Judgment. If the court finds a proposed taking lawful, it shall issue a judgment of condemnation describing the property authorized to be taken, declaring the right of the Agency to take the property by eminent domain, and declaring that title to the property will be transferred to the Agency after the Agency, in accordance with section 506 of this chapter, has recorded the judgment, tendered or deposited payment, and notified the owner of the recording and payment. The court may in its judgment modify the extent of a proposed taking.

(d) Litigation expenses.

(1) If the court finds a proposed taking to be unlawful, or if the Agency abandons the condemnation proceeding other than under a settlement, the court shall dismiss the complaint and award the property owner his or her costs and reasonable litigation expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.

(2) If the court issues a judgment of condemnation that substantially reduces the scope of the Agency's proposed taking, the court shall award the property owner a share of his or her costs and reasonable litigation expenses that is proportional to the reduction in the proposed taking.

(e) Appeal, stay. A judgment of condemnation may be appealed or stayed as a final judgment for possession of real estate under the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure. A judgment that the Agency cannot acquire the property by condemnation likewise may be appealed.
19 V.S.A. § 10d — VT Code / Title 19 / Chapter 1 / Section 10d
§ 10d. Statement of policy; airports
Status: in_force

(a) The Agency shall continue to promote the preservation of existing public airports, reduction of hazards to air navigation, and, where the need is indicated, modest expansion of existing public facilities.

(b) On the State airport system, the Agency shall continue to supplement ongoing maintenance activities with a program of capital improvements as the availability of federal and State funds permits.

(c) The Agency shall monitor developments at regional hub airports to ensure fair and adequate access to the national air transportation network for Vermont shippers and travelers. In furtherance of this policy, the Secretary may use available funds to contract for the services of consultants, experts, and specialized legal counsel.
19 V.S.A. § 714 — VT Code / Title 19 / Chapter 7 / Section 714
§ 714. Possession after time expires
Status: in_force

When a highway is laid out or altered, the selectboard may take possession of the land within the surveyed limits, at any time after the expiration of the time fixed by the selectboard unless appealed to the Superior Court for landowners to remove their buildings, fences, trees, timber, or wood. The selectboard may remove obstructions, and open the lands for working and travel, if the selectboard previously paid or tendered to the landowners the damages awarded by the selectboard or by the commissioners laying out or altering the highway. An appeal of the damages awarded shall not stay the work contemplated.
19 V.S.A. § 926 — VT Code / Title 19 / Chapter 9 / Section 926
§ 926. 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. § 951 — VT Code / Title 19 / Chapter 9 / Section 951
§ 951. Damages
Status: in_force

The selectboard shall follow the procedures established in section 923 of this title.
19 V.S.A. § 972 — VT Code / Title 19 / Chapter 9 / Section 972
§ 972. Notice and hearing
Status: in_force

The commissioners, after receiving the complaint with a deposit or other security, shall promptly notify the selectboard of the town, and one or more of the persons filing the complaint, of the time and place where the commissioners will meet for the examination of the highway or bridge and for conducting a hearing upon the complaint. The commissioners, or a majority of them, shall examine the highway or bridge and hear all interested persons as to whether the public good demands that the highway or bridge be repaired and as to its condition and the repairs necessary to make it safe and convenient for public travel and as to the costs of the required repairs. The deposit or other security shall be refunded if the complaint is valid.
19 V.S.A. § 1508a — VT Code / Title 19 / Chapter 15 / Section 1508a
§ 1508a. Anticipation of receipts
Status: in_force

The Commissioner of Finance and Management may anticipate receipts due the Agency from utilities and municipalities on account of the construction of projects under this chapter and issue warrants based on these projects. Anticipated receipts shall be credited to the proper account when received.
19 V.S.A. § 312 — VT Code / Title 19 / Chapter 3 / Section 312
§ 312. Repealed. 2021, No. 157 (Adj. Sess.), § 13, eff. July 1, 2022.
Status: repealed

(Repealed by 2021, No. 157 (Adj. Sess.), § 13, eff. July 1, 2022.)
19 V.S.A. § 2503 — VT Code / Title 19 / Chapter 25 / Section 2503
§ 2503. Register
Status: in_force

The Agency may annually publish a register containing a listing of all State and locally designated scenic roads and byways. Any listing shall include the mileage of each road or byway and any special, natural, historical, or scenic attractions on the road or byway.
19 V.S.A. § 817 — VT Code / Title 19 / Chapter 7 / Section 817
§ 817. Application; contents
Status: in_force

In its application under section 816 of this title, the selectboard shall show:

(1) the general location of the proposed highway;

(2) the nature and ownership of lands to be affected;

(3) the plans for the development of the area to be served by the highway;

(4) the anticipated effect of the business or facility to be served on the economy of the town and the State and on the health, safety, transportation, education, and convenience of the public;

(5) the consistency of the plans with town, regional, and State planning and zoning requirements;

(6) if the town does not have a comprehensive plan or a zoning ordinance, any other provisions for regulating the use of land adjacent to the highway;

(7) the land dedicated and funds available from town taxes and private contributions for acquiring land and constructing the highway;

(8) the financial arrangements and responsibility of the person or municipality proposing to construct the facility in the area;

(9) what other town boards and officials have been consulted relative to the proposed development and their comments and criticisms; and

(10) all other facts reasonably pertinent to establish the necessity for laying out and constructing the proposed highway.
19 V.S.A. § 936 — VT Code / Title 19 / Chapter 9 / Section 936
§ 936. 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. § 910 — VT Code / Title 19 / Chapter 9 / Section 910
§ 910. Union of towns for highway improvements
Status: in_force

Two or more municipalities, by vote of their respective boards of aldermen and selectboards, may unite for the purpose of improving or repairing any portion of a highway passing into or through each of them. When a union has been effected, the officials of the respective municipalities shall constitute a joint committee that shall be the agent of the several municipalities and may appoint one person to supervise the actual work.
19 V.S.A. § 2905 — VT Code / Title 19 / Chapter 29 / Section 2905
§ 2905. Annual reporting; vehicle incentive programs
Status: in_force

(a) The Agency shall annually evaluate the programs established under sections 2902–2904 of this chapter to gauge effectiveness and shall submit a written report on the effectiveness of the programs and the State's marketing and outreach efforts related to the programs to the House and Senate Committees on Transportation, the House Committee on Energy and Digital Infrastructure, and the Senate Committee on Natural Resources and Energy on or before January 31 in each year following a year that an incentive was provided through one of the programs.

(b) The report shall also include:

(1) any intended modifications to program guidelines for the upcoming fiscal year along with an explanation for the reasoning behind the modifications and how the modifications will yield greater uptake of PEVs and other means of transportation that will reduce greenhouse gas emissions;

(2) any recommendations on statutory modifications to the programs, including to income and vehicle eligibility, along with an explanation for the reasoning behind the statutory modification recommendations and how the modifications will yield greater uptake of PEVs and other means of transportation that will reduce greenhouse gas emissions; and

(3) any recommendations for how to better conduct outreach and marketing to ensure the greatest possible uptake of incentives under the programs.

(c) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required if an incentive is provided through one of the programs unless the General Assembly takes specific action to repeal the report requirement.
19 V.S.A. § 2104 — VT Code / Title 19 / Chapter 21 / Section 2104
§ 2104. Rules
Status: in_force

The Agency is authorized to adopt rules consistent with federal regulations necessary to administer this chapter.
19 V.S.A. § 712 — VT Code / Title 19 / Chapter 7 / Section 712
§ 712. Damages paid or tendered
Status: in_force

When the selectboard determines that a person through whose land the highway passes or abuts is entitled to damages, the town shall pay or tender to him or her damages as the selectboard determines reasonable before the highway is opened.
19 V.S.A. § 10c — VT Code / Title 19 / Chapter 1 / Section 10c
§ 10c. Statement of policy; highways and bridges
Status: repealed

(a) For projects that are on the National Highway System, if site conditions, environmental factors, or engineering factors restrict the use of national standards for geometric design, the Agency may pursue exceptions to those standards when appropriate to comply with local or regional plans as interpreted by the adopting entities, or with federal or State long-range plans as adopted, or with local conditions.

(b) For projects that are not on the National Highway System, the Agency shall develop and implement State standards for geometric design. Design speeds may be lower than legal speeds. Design speeds lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

(c) In choosing between the improvement of an existing highway and complete reconstruction, the Agency shall weigh the following factors:

(1) disruption to homes and businesses;

(2) environmental impacts;

(3) the benefits attainable by designing and constructing the improvement as a limited access facility;

(4) the potential effects on the local and State economies;

(5) cost-effectiveness;

(6) mobility;

(7) safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;

(8) local or regional plans as interpreted by the adopting entity and State agency plans;

(9) the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located;

(10) if it is a forest highway under federal jurisdiction; and

(11) opportunities to reduce vehicle miles traveled or otherwise reduce greenhouse gas emissions related to the highway.

(d) It shall be the policy of the State in developing projects as defined in subsection (b) of this section for the resurfacing, restoration, rehabilitation, and reconstruction of bridges and the approaches to bridges to favor their preservation within their existing footprints, in order to ensure compatibility with the Vermont setting and context and to reduce costs and environmental impacts.

(e) The Agency shall investigate and implement, where feasible, policies and programs to allow municipal governments to develop projects or construct projects, or both, under the Agency's oversight in accordance with federal laws and regulations if federal funds are used.

(f) It shall be the policy of the State, as defined in subsection (b) of this section, to favor the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the Agency shall weigh the following factors, in addition to the factors specified in subsection (c) of this section:

(1) the functional classification of the highway;

(2) the load capacity and geometric constraints of the bridge and the availability of alternative routes;

(3) the comparative long-term costs, risks, and benefits of rehabilitation and new construction; and

(4) the requirements of State standards for geometric design.

(g) With regard to a bridge located on a municipal highway, a municipality may request the Agency to adhere to one or more of the following guidelines:

(1) where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;

(2) unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or

(3) in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge's historic character, to the extent feasible.

(h) In implementing the policies that are established in subsections (f) and (g) of this section, with regard to a bridge located on a municipal highway:

(1) the affected municipality shall conduct a public hearing as early as is feasible in the project scoping process to identify pertinent issues;

(2) the Agency shall identify and present to the affected municipality feasible alternative solutions before it prepares conceptual plans for the proposed project; and

(3) the Agency's presentation of feasible alternative solutions shall include estimates of the total preliminary engineering and construction costs for each alternative.

(i) Adherence by the Agency to one or more of the policies established in this section for a specific project shall constitute the selection of a particular set of standards for the purposes of 12 V.S.A. § 5601(e)(8).

(j) Upon final payment of a paving contract with the Agency of Transportation that contains liquidated damages from a paving contractor for failure to complete work on time, such damages shall be paid by the Agency of Transportation to the town or towns in which the work was not completed on time. In no case shall the liquidated damages paid to a town or towns exceed the State share of those liquidated damages for that paving project. If such a project is in more than one town, each town shall receive an amount of liquidated damages equal to its percentage of the State share of uncompleted work.

(k)-(m) [Repealed.]
19 V.S.A. § 11f — VT Code / Title 19 / Chapter 1 / Section 11f
§ 11f. Transportation Infrastructure Bond Fund
Status: in_force

(a) There is created a special fund within the Transportation Fund known as the Transportation Infrastructure Bond Fund to consist of funds raised from the motor fuel transportation infrastructure assessments levied pursuant to 23 V.S.A. §§ 3003(a) and 3106(a). Interest from the Fund shall be credited to the Fund, and the amount in the Fund shall carry forward from year to year.

(b) As used in this section, the terms “Transportation Infrastructure Bonds Debt Service Fund” and “debt service obligations” are as defined in 32 V.S.A. § 951a.

(c) Monies in the Transportation Infrastructure Bond Fund shall be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and as otherwise required in accordance with any trust agreement pertaining to such bonds.

(d) Provided that resources in the Transportation Infrastructure Bonds Debt Service Fund are sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and to meet all other obligations set forth in any trust agreement pertaining to any such bonds, any remaining balance in the Transportation Infrastructure Bond Fund may be used to pay for:

(1) the rehabilitation, reconstruction, or replacement of State bridges, culverts, roads, railroads, airports, and necessary buildings that, after such work, have an estimated minimum remaining useful life of 10 years;

(2) the rehabilitation, reconstruction, or replacement of municipal bridges, culverts, and highways that, after such work, have an estimated minimum remaining useful life of 10 years; and

(3) up to $100,000.00 per year for operating costs associated with administering the capital expenditures.

(e) To the extent in the current fiscal year any balance remains in the Transportation Infrastructure Bond Fund after all transfers required by subsection (c) of this section have been made and all appropriations authorized by subsection (d) of this section are accounted for, such remaining balance may be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover debt service obligations of transportation infrastructure bonds that are due in future fiscal years.

(f) The assessments for motor fuel transportation infrastructure assessments paid pursuant to 23 V.S.A. §§ 3003(a) and 3106(a) shall not be reduced below the rates in effect at the time of issuance of any transportation infrastructure bond until the principal, interest, and all costs that must be paid in order to retire the bond have been paid.

(g) Except as provided in subsection (h) of this section, all transfers of funds from the Transportation Infrastructure Bond Fund to the Transportation Infrastructure Bonds Debt Service Fund shall be approved by the General Assembly.

(h) To minimize disruption of summer construction schedules, it is the policy of the State to have a balance in the Transportation Infrastructure Bonds Debt Service Fund at the end of each fiscal year that is sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due or are anticipated to be due in the succeeding fiscal year. To achieve the policy objective of ensuring the State's transportation infrastructure bond obligations are fulfilled with a minimum of disruption to the construction schedules of approved projects, in the event that revenue, economic, or other conditions vary from those assumed in the consensus forecast and in the budget process in which the General Assembly approved transfers to the Transportation Infrastructure Bonds Debt Service Fund, the Secretary of Transportation with the approval of the Secretary of Administration may, notwithstanding the provisions of 32 V.S.A. § 706:

(1) transfer appropriations of transportation infrastructure bond funds to the Transportation Infrastructure Bonds Debt Service Fund; and

(2) transfer appropriations of transportation funds to replace transportation infrastructure bond funds transferred under subdivision (1) of this subsection, provided no significant delay in the construction schedule of any approved project results from the transfer.

(i) After executing a transfer authorized by subsection (h) of this section, the administration shall give prompt notice thereof to the Joint Fiscal Office and submit an explanation and description of the action taken to the Joint Fiscal Committee at its next scheduled meeting.
19 V.S.A. § 740 — VT Code / Title 19 / Chapter 7 / Section 740
§ 740. Petition
Status: in_force

(a) When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members objects to the necessity of taking the land, or is dissatisfied with the laying out, altering, or resurveying of the highway, or with the compensation for damages, he or she may appeal, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the Superior Court in the same county, or in either county when the highway or bridge is in two counties. Any number of aggrieved persons may join in the appeal. The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded. If the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken. Each of the appellants shall be entitled to a trial by jury on the question of damages.

(b) The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title.
19 V.S.A. § 772 — VT Code / Title 19 / Chapter 7 / Section 772
§ 772. Service of petition; costs
Status: in_force

When a petition is made to the Superior or Supreme Court to discontinue a highway laid out by commissioners appointed by either of the courts, which has not been built agreeably to the orders of the court, the petition shall be served on one or more of the original petitioners for the laying of the highway, as well as on one or more selectboard members of the town or towns through which the highway is laid, or the petition, on motion, shall be dismissed. If commissioners are appointed and report adversely to the request of the petition, the original petitioners shall, in the discretion of the court, be entitled to costs.
19 V.S.A. § 1713 — VT Code / Title 19 / Chapter 17 / Section 1713
§ 1713. Reimbursement of towns for loss of taxes
Status: in_force

A town whose grand list is reduced by reason of the State's taking taxable real estate for limited access facilities shall be reimbursed by the State annually to the amount of taxes last assessed and payable on the real estate before the taking.
19 V.S.A. § 994 — VT Code / Title 19 / Chapter 9 / Section 994
§ 994. Notice of indictment; collection of fine
Status: in_force

When an indictment is presented to the Superior Court, as provided in this subchapter, the clerk shall issue a citation to the town indicted, and it shall be served as writs are by law required to be served against towns, at least 12 days before the date of trial. The execution issued for the fine and costs shall be levied and collected like executions in civil causes against towns.
19 V.S.A. § 985 — VT Code / Title 19 / Chapter 9 / Section 985
§ 985. Injuries from defective bridges and culverts
Status: in_force

(a) If damage occurs to a person, or his or her property, by reason of the insufficiency or want of repair of a bridge or culvert that the town is liable to keep in repair, the person sustaining damage may recover in a civil action. If the damage accrues in consequence of the insufficiency or want of repair of a bridge erected and maintained by two or more towns, the action shall be brought against all the towns liable for the repairs. The damage and costs shall be paid by the towns in the proportions in which they are liable for the repairs. The court may issue execution against any or all towns for their proportion only, provided that the liability to any town shall not exceed $75,000.00 or, where insurance is carried, the maximum policy liability limits, whichever sum is greater, on account of injury to or death of a person and damage to his or her property.

(b) Towns and other corporations shall not be liable for damage to a person or his or her property by reason of the insufficiency or want of repair of a bridge or culvert while traveling on the highway or bridge in violation of the provisions of Title 23 regarding motor vehicle use.
19 V.S.A. § 742 — VT Code / Title 19 / Chapter 7 / Section 742
§ 742. Commissioners' report; judgment on report
Status: in_force

The commissioners shall give notice to one or more of the selectboard members and to the appellants of the time and place where they will examine the area and hear testimony. After completing their inquiries, they shall make a report to the court. The court may accept or reject the report in whole or in part, and by its order or decree may establish, alter, resurvey, or discontinue the highway, and may render judgment for the appellants for any damages as they have severally sustained. When this allowance is greater than was offered by the selectboard members, the court may tax costs for the appellants, or for either party, as is just.
19 V.S.A. § 979 — VT Code / Title 19 / Chapter 9 / Section 979
§ 979. Road or bridge between towns or counties
Status: in_force

If the defective highway or bridge is on the line between two towns, and both towns are liable to keep the highway or bridge in repair, notice shall be given to both towns, and they shall be jointly liable the same as if the highway or bridge were in one town. Where the highway or bridge complained of is located on the line between two counties, all questions arising under the provisions of this chapter may be tried in the county where the complaint is made.
19 V.S.A. § 2102 — VT Code / Title 19 / Chapter 21 / Section 2102
§ 2102. Relocation assistance
Status: in_force

The Agency shall pay to eligible persons, displaced by construction of a highway project undertaken by the State of Vermont, reasonable and necessary moving expenses caused by their displacement from real property acquired for these purposes.
19 V.S.A. § 741 — VT Code / Title 19 / Chapter 7 / Section 741
§ 741. Appointment of commissioners
Status: in_force

The court shall appoint three disinterested landowners as commissioners to inquire into the convenience and necessity of the proposed highway and the manner in which it has been laid out, altered, or resurveyed and, except where a trial by jury is requested, as to the amount of damages sustained by the appellant.
19 V.S.A. § 317 — VT Code / Title 19 / Chapter 3 / Section 317
§ 317. Preservation of historic bridges
Status: repealed

(a) The Division for Historic Preservation within the Agency of Commerce and Community Development is authorized to accept transfer from the Agency of Transportation, towns, railroads, or other entities of bridges deemed appropriate for preservation by the Secretary of Transportation and the Secretary of Commerce and Community Development. The Division also is authorized to accept land or interests in land with each such bridge as reasonably necessary to preserve the bridge site and public access to the site.

(b) Transfer of any bridge site or bridge approach to the Division for Historic Preservation under this section shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of the right-of-way for highway or railroad purposes.

(c) The Division for Historic Preservation may adopt such rules as are necessary to preserve, protect, and control the use of historic bridges, bridge sites, and bridge approaches.

(d) The Division for Historic Preservation is authorized to purchase or lease a site or sites for the storage of dismantled historic bridges that are being preserved for possible reconstruction and reuse.

(e) The Division for Historic Preservation is authorized to sell, lease, or otherwise convey the fee or lesser interest to any historic bridge. In all cases where an historic bridge is conveyed, the Division shall prescribe covenants necessary to preserve the historic integrity of the bridge. Any funds obtained from the sale, lease, or conveyance shall be used for the purposes outlined in subsection (a) of this section.

(f) [Repealed.]
19 V.S.A. § 512 — VT Code / Title 19 / Chapter 5 / Section 512
§ 512. Payment following decision on damages; credit of State pledged
Status: repealed

(a) Within 30 days of a final decision on damages and the exhaustion or expiration of all appeal rights, the Agency shall pay or tender the owner the amount, if any, by which the award to the person exceeds the amount previously paid or tendered by the Agency.

(b), (c) [Repealed.]

(d) The credit of the State of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of the chapter, and these amounts shall be lawful obligations of the State of Vermont.
19 V.S.A. § 301 — VT Code / Title 19 / Chapter 3 / Section 301
§ 301. Definitions
Status: in_force

As used in this chapter:

(1) “Discontinued highway” means a previously designated class 1, 2, 3, or 4 town highway as to which, through the process of discontinuance, all rights have been reconveyed to the adjoining landowners.

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

(2) “Legislative body” includes boards of selectmen, aldermen, and village trustees.

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

(2) “Legislative body” means a legislative body as defined in 24 V.S.A. § 2001.

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

(3) “Selectmen” includes village trustees and aldermen.

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

(3) “Selectboard” means a selectboard as defined in 24 V.S.A. § 2001.

(4) “Pent road” is any town highway that, by written allowance of the selectmen, is enclosed and occupied by the adjoining landowner with unlocked stiles, gates, and bars in such places as the selectmen designate.

(5) “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.

(6) “Town” includes incorporated villages and cities.

(7) “Town highways” are class 1, 2, 3, and 4 highways:

(A) that the towns have authority to exclusively or cooperatively maintain; or

(B) that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.

[Subdivision (8) effective until April 1, 2026; see also subdivision (8) effective April 1, 2026 set out below.]

(8) “Trail” means a public right-of-way that is not a highway and that:

(A) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or

(B) a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use. Nothing in this section shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of selectmen to reasonably regulate the uses of recreational trails.

[Subdivision (8) effective April 1, 2026; see also subdivision (8) effective until April 1, 2026 set out above.]

(8)(A) “Trail” means a public right-of-way that is not a highway and that:

(i) municipalities have the authority to exclusively or cooperatively maintain pursuant to the provisions of this chapter; and

(ii)(I) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or

(II) a new public right-of-way laid out as a trail by the legislative body for the purpose of providing access to abutting properties or for recreational use.

(B) Nothing in this subdivision (8) shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of legislative bodies to reasonably regulate the uses of recreational trails.
19 V.S.A. § 2906 — VT Code / Title 19 / Chapter 29 / Section 2906
§ 2906. Electric vehicle supply equipment goals
Status: in_force

It shall be the goal of the State to have, as practicable, level 3 EVSE charging ports available to the public:

(1) within three driving miles of every exit of the Dwight D. Eisenhower National System of Interstate and Defense Highways within the State;

(2) within 25 driving miles of another level 3 EVSE charging port available to the public along a State highway, as defined in subdivision 1(20) of this title; and

(3) co-located with or within a safe and both walkable and rollable distance of publicly accessible amenities such as restrooms, restaurants, and convenience stores to provide a safe, consistent, and convenient experience for the traveling public along the State highway system.
19 V.S.A. § 309 — VT Code / Title 19 / Chapter 3 / Section 309
§ 309. Highway work by State for towns
Status: in_force

(a) When requested by the legislative body of a municipality, the Agency may, by agreement with these officials, do any construction or maintenance work on any town highway or bridge under the jurisdiction of the legislative body.

(b) When requested by the legislative body of a municipality, the Agency may contract the work. The Agency in all such cases shall furnish plans and specifications upon which the contract shall be awarded by the legislative body or, if it has been agreed that the Agency should make the contract award, the Agency, to the lowest responsible bidder. All work shall be done to the satisfaction of and in accordance with the requirements of the Agency.

(c) Upon demand of the Agency, the municipality shall reimburse the State for the municipality's share of expenditures made under this section, and the amount repaid shall be deposited into the State Treasury and credited to the fund from which the cost of the work was paid. The Agency is authorized to provide for the payment of interest on unpaid balances owed the State for more than 30 days after demand is made.

(d) To secure reimbursement to the State for the local share of a project, the Secretary and the legislative body of a municipality may enter into agreements for the deposit of municipal funds in an interest-bearing escrow account or for posting of a surety bond.

(e) The Agency's materials laboratory may perform tests for other units of federal, State, and local government. The Agency shall be reimbursed for the costs of the tests.
19 V.S.A. § 1507 — VT Code / Title 19 / Chapter 15 / Section 1507
§ 1507. Monies received
Status: in_force

All monies received from the federal government, from municipalities, and from other sources on account of the construction of bridges under this chapter shall be credited to the fund provided by law for this purpose.
19 V.S.A. § 1702 — VT Code / Title 19 / Chapter 17 / Section 1702
§ 1702. Definition of a limited access facility
Status: in_force

For the purposes of this chapter, a “limited access facility” is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason.
19 V.S.A. § 1712 — VT Code / Title 19 / Chapter 17 / Section 1712
§ 1712. Penalty
Status: in_force

A person who violates section 1711 of this title shall be imprisoned for not more than 90 days or fined not more than $100.00, or both.
19 V.S.A. § 10h — VT Code / Title 19 / Chapter 1 / Section 10h
§ 10h. Cooperative interstate agreement
Status: repealed

(a) [Repealed.]

(b) In connection with any authorized construction project in the State of Vermont that extends into or affects an adjoining state, the Agency, on behalf of the State of Vermont, may enter into a cooperative agreement with the adjoining state or any political subdivision of an adjoining state that apportions duties and responsibilities for planning preliminary engineering, including environmental studies, right-of-way acquisition, construction, and maintenance.
19 V.S.A. § 758 — VT Code / Title 19 / Chapter 7 / Section 758
§ 758. Opposing report
Status: in_force

The town or any interested person may appear before the court to oppose the acceptance of the report by showing any relevant facts.
19 V.S.A. § 977 — VT Code / Title 19 / Chapter 9 / Section 977
§ 977. Agent's duties and pay
Status: in_force

The agent shall immediately repair the highway or bridge as directed in the report of the commissioners and receive out of the funds paid him or her up to $100.00 per day for his or her services in making the repairs. Any unexpended balance shall be returned to the town treasury. He or she shall make a report of his or her activities to the commissioners within ten days of completing the repairs.
19 V.S.A. § 42 — VT Code / Title 19 / Chapter 1 / Section 42
§ 42. Reports preserved; consolidated transportation report
Status: in_force

(a) Notwithstanding 2 V.S.A. § 20(d), the reports or reporting requirements of this section, sections 10g and 12a, and subsections 7(k), 10b(d), 11f(i), and 12b(d) of this title shall be preserved absent specific action by the General Assembly repealing the reports or reporting requirements.

(b) Annually, on or before January 15, the Agency shall submit a consolidated transportation system and activities report to the House and Senate Committees on Transportation. The report shall consist of:

(1) Financial and performance data of all public transit systems, as defined in 24 V.S.A. § 5088(6), that receive operating subsidies in any form from the State or federal government, including subsidies related to the Elders and Persons with Disabilities Transportation Program for service and capital equipment. This component of the report shall:

(A) be developed in cooperation with the Public Transit Advisory Council;

(B) be modeled on the Federal Transit Administration's National Transit Database Program with such modifications as appropriate for the various services and guidance found in the most current State policy plan; and

(C) show as a separate category financial and performance data on the Elders and Persons with Disabilities Transportation Program.

(2) Data on pavement conditions of the State highway system.

(3) A description of the conditions of bridges, culverts, and other structures on the State highway system and on town highways.

(4) Department of Motor Vehicles data, including the number of vehicle registrations and licenses issued, revenues by category, transactions by category, commercial motor vehicle statistics, and any other information the Commissioner deems relevant.

(5) A summary of updates to the Agency's strategic plans and performance measurements used in its strategic plans.

(6) A summary of the statuses of aviation, rail, and public transit programs.

(7) Data and statistics regarding highway safety, including trends in vehicle crashes and fatalities, traffic counts, and trends in vehicle miles traveled.

(8) An overview of operations and maintenance activities, including winter maintenance statistics.

(9) A list of projects for which the construction phase was completed during the most recent construction season.

(10) Such other information that the Secretary determines the Committees on Transportation need to perform their oversight role.
19 V.S.A. § 2103 — VT Code / Title 19 / Chapter 21 / Section 2103
§ 2103. Fixed payments
Status: in_force

Instead of paying the actual relocation expenses of individuals and families, the Agency may pay fixed amounts in accordance with an approved schedule of fixed amounts. The schedule shall be of statewide application and shall provide for a graduated scale related to the size of the quarters occupied or some other uniform equitable method of scaling the payments. The schedule shall indicate whether the individuals and families are entitled only to fixed amounts or are entitled to claim reimbursement for their actual moving expenses or fixed amounts at their election.
19 V.S.A. § 759 — VT Code / Title 19 / Chapter 7 / Section 759
§ 759. Orders on report; costs
Status: in_force

The court may reject or accept the report in whole or in part, and by its order or decree establish, alter, or discontinue the highway, in whole or in part, and render judgment for or against the town in favor of the persons interested in the lands and for the damages they have severally sustained. If the petition is wholly granted, or wholly rejected, the court shall assign costs accordingly, or if otherwise, may assign costs as appears just.
19 V.S.A. § 795 — VT Code / Title 19 / Chapter 7 / Section 795
§ 795. Town not assessed for highway in another town
Status: in_force

A town shall not be assessed for the expense of building or maintaining any highway in another town, except as provided by this title.
19 V.S.A. § 2302 — VT Code / Title 19 / Chapter 23 / Section 2302
§ 2302. Establishment and maintenance
Status: in_force

The Agency may establish and maintain bicycle routes separately or in conjunction with the construction, reconstruction, or maintenance of an existing or new highway. In so doing, the Agency may use funds from any available source.
19 V.S.A. § 13 — VT Code / Title 19 / Chapter 1 / Section 13
§ 13. Central Garage Fund
Status: repealed

(a) There is created the Central Garage Fund, which shall be used to:

(1) furnish equipment on a rental basis to the districts and other sections of the Agency for construction, maintenance, and operation of highways or other transportation activities; and

(2) provide a general equipment repair and major overhaul service, inclusive of any assets, supplies, labor, or use of contractors necessary to provide that service, as well as to furnish necessary supplies for the operation of the equipment.

(b) In order to maintain safe and reliable equipment, the Agency shall use Central Garage Fund monies to acquire new or replacement equipment. The Agency is authorized to acquire replacement pieces for existing equipment or new, additional equipment equivalent to equipment already owned.

(c)(1) For the purpose specified in subsection (b) of this section, the following amount, at a minimum, shall be transferred from the Transportation Fund to the Central Garage Fund:

(A) the amount transferred for the previous fiscal year increased by the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) if the percentage change is positive; or

(B) the amount transferred for the previous fiscal year if the percentage change is zero or negative.

(2) Each fiscal year, the sum of the following shall be appropriated from the Central Garage Fund exclusively for the purpose specified in subsection (b) of this section:

(A) the amount transferred pursuant to subdivision (1) of this subsection (c);

(B) the amount of the equipment depreciation expense from the prior fiscal year; and

(C) the amount of the net equipment sales from the prior fiscal year.

(3) For purposes of subdivision (1) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the transfer will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the transfer will be made.

(d) In each fiscal year, net income of the Fund earned during that fiscal year shall be retained in the Fund.

(e) For the purposes of computing net worth and net income, the fiscal year shall be the year ending June 30.

(f) As used in this section, “equipment” means registered motor vehicles and necessary assets required by the Central Garage in order to fulfill the objectives established in subsection (a) of this section.

(g) [Repealed.]
19 V.S.A. § 2310 — VT Code / Title 19 / Chapter 23 / Section 2310
§ 2310. Pavement of highway shoulders
Status: in_force

(a) Notwithstanding the provisions of section 10c of this title, it is the policy of the State to provide paved shoulders on major State highways with the intent to develop an integrated bicycle route system and make the shoulders safer for pedestrian traffic. This shall not apply to the interstate highway and certain other limited access highways.

(b) Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the Agency deems it to be cost-prohibitive.
19 V.S.A. § 2611 — VT Code / Title 19 / Chapter 26 / Section 2611
§ 2611. Pilot established; intent [Repealed effective July 1, 2026]
Status: in_force

(a)(1) The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met.

(2) Nothing in this subchapter is intended to modify any obligations or rights under any other law.

(b) Before the authority conferred under this subchapter terminates, the General Assembly intends to:

(1) review whether and how the Agency has exercised the authority and whether the P3 agreements it has entered into have served the public interest; and

(2) determine whether the authority should terminate, be extended, or be amended.

(c) If the Agency's authority under this subchapter terminates, the General Assembly intends that:

(1) the Agency not have authority to pursue any proposal that has not resulted in a P3 agreement prior to termination of the Agency's authority; and

(2) any P3 agreement lawfully entered into prior to termination of the Agency's authority shall continue in effect after termination of the authority.
19 V.S.A. § 2501 — VT Code / Title 19 / Chapter 25 / Section 2501
§ 2501. State Scenic Roads and Byways; designation and discontinuance
Status: repealed

(a) On the recommendation of the municipalities through which a proposed or existing State Scenic Road or Byway passes and of the regional planning commissions that serve such municipalities, the Transportation Board may designate or discontinue any State highway, or portion of a State highway, as a State Scenic Road or Byway, in accordance with standards adopted by the Board by rule. The Board shall hold a public hearing on the recommendation, giving notice thereof to the municipalities and regional planning commissions, the Secretary, and the Commissioner of Tourism and Marketing, and shall submit a copy of its findings and decision to these parties within 60 days after receipt of the recommendation. The hearing shall be held in the vicinity of the proposed State Scenic Road or Byway.

(b) [Repealed.]

(c) A State Scenic Road or Byway shall not be reconstructed or improved unless the reconstruction or improvement is conducted in accordance with the Agency of Transportation's Vermont Design Standards, as amended. Signs along State Scenic Roads and Byways shall comply with the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended.
19 V.S.A. § 26a — VT Code / Title 19 / Chapter 1 / Section 26a
§ 26a. Determination of rent to be charged for leasing or licensing State-owned property under the Agency's jurisdiction
Status: in_force

(a) Except as otherwise provided by subsection (b) of this section, or as otherwise provided by law, leases or licenses negotiated by the Agency under 5 V.S.A. §§ 204 and 3405 and section 26 and subsection 1703(d) of this title ordinarily shall require the payment of fair market value rent, as determined by the prevailing area market prices for comparable space or property. However, the Agency may lease or license State-owned property under its jurisdiction for less than fair market value when the Agency determines that the proposed occupancy or use serves a public purpose or that there exist other relevant factors, such as a prior course of dealing between the parties, that justify setting rent at less than fair market value.

(b) Unless otherwise required by federal law, the Agency shall assess, collect, and deposit in the Transportation Fund a reasonable charge or payment with respect to leases or licenses for access to or use of State-owned rights-of-way by providers of broadband or wireless communications facilities or services. The Agency may waive such charge or payment in whole or in part if the provider offers to provide comparable value to the State so as to meet the public good as determined by the Agency and the Department of Public Service. For the purposes of this section, the term “comparable value to the State” shall be construed broadly to further the State's interest in ubiquitous broadband and wireless service availability at reasonable cost. Any waiver of charges or payments for comparable value to the State granted by the Agency may not exceed five years. Thereafter, the Agency may extend any waiver granted for an additional period not to exceed five years if the Agency makes affirmative written findings demonstrating that the State has received and will continue to receive value that is comparable to the value to the provider of the waiver, or it may revise the terms of the waiver in order to do so.

(c) Nothing in this section shall authorize the Agency to impose a charge or payment for the use of a highway right-of-way that is not otherwise authorized or required by State or federal law.

(d) Nothing in this section shall be construed to impair any contractual rights existing on June 9, 2007. The State shall have no authority under this section to waive any sums due to a railroad. The State shall also not offer any grants or waivers of charges for any new broadband installations in segments of rail corridor where an operating railroad has installed or allowed installation of fiber optic facilities prior to June 9, 2007 unless the State offers equivalent terms and conditions to the owner or owners of existing fiber optic facilities.
19 V.S.A. § 751 — VT Code / Title 19 / Chapter 7 / Section 751
§ 751. Service of citation; commissioners
Status: in_force

The petition with a citation, shall be served on one or more selectboard members within 21 days from the date received by the court. Unless cause is shown to the contrary, the court shall appoint as commissioners three disinterested landowners, preferably from other towns.
19 V.S.A. § 10 — VT Code / Title 19 / Chapter 1 / Section 10
§ 10. Duties
Status: in_force

The Agency shall, except where otherwise specifically provided by law:

(1) Award contracts on terms as it deems to be in the best interests of the State for the construction, repair, or maintenance of transportation related facilities; for the use of any machinery or equipment either with or without operators or drivers; for the operation, repair, maintenance, or storage of any State-owned machinery or equipment; for professional engineering services, inspection of work or materials, diving services, mapping services, photographic services, including aerial photography or surveys, and any other services, with or without equipment, in connection with the planning, construction, and maintenance of transportation facilities. Persons rendering these services shall not be within the classified service, and the services shall not entitle the provider to rights under any State retirement system. Notwithstanding 3 V.S.A. chapter 13, the Agency may contract for services also provided by individuals in the classified service, either at present or at some time in the past. The solicitation and award of contracts by the Agency shall follow procurement standards approved by the Secretary of Administration as well as applicable federal laws and regulations.

(2) Control and direct the use and expenditures of all monies appropriated by the State for transportation purposes and prepare and use a budget for these expenditures.

(3) Exercise general supervision of all transportation functions, have the right to direct traffic on all State highways that are under construction and maintenance, and may close all or any part of a State highway that is under construction or repair. The Agency shall maintain detours comprising State or town highways, or both, around planned closures of State highways in excess of 72 hours. If the Agency maintains a detour on a town highway it shall be responsible for repairing any damage to the town highway caused by the detoured traffic.

(4) Cause necessary surveys, maps, plans, specifications, and estimates to be made for the improvement, construction, and maintenance of transportation facilities.

(5) Furnish technical and engineering assistance when requested, at cost, if available, to the various municipalities of the State.

(6) Advise town officers as to the construction, improvement, and maintenance of town highways, when requested.

(7) Erect and maintain appropriate traffic control devices on State highways.

(8) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file in the office of the Secretary a good and sufficient surety bond to the State of Vermont, executed by a surety company authorized to transact business in this State in such sum as the Agency shall direct, conditioned for the compliance by the contractor or contractors and their agents and servants, with all matters and things set forth and specified to be by the principal kept, done, and performed at the time and in the manner in the contract between the Agency and the contractor or contractors specified and to pay over, make good, and reimburse the State of Vermont for all loss or losses and damage or damages that the State of Vermont may sustain by reason of failure or default on the part of the contractor or contractors. The Agency is authorized to require any other condition in the bond that may from time to time be necessary. The Secretary at his or her discretion as to the best interest of the State, may accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a performance bond.

(9) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file an additional surety bond to the Secretary and the Secretary's successor in office, for the benefit of labor, materialmen, and others, executed by a surety company authorized to transact business in this State. The surety bond shall be in such sum as the Agency shall direct, conditioned for the payment, settlement, liquidation, and discharge of the claims of all creditors for material, merchandise, labor, rent, hire of vehicles, power shovels, rollers, concrete mixers, tools, and other appliances, professional services, premiums, and other services used or employed in carrying out the terms of the contract between the contractor and the State and further conditioned for the following accruing during the term of performance of the contract: the payment of taxes, both State and municipal, and contributions to the Vermont Commissioner of Labor; provided, however, in order to obtain the benefit of the security, the claimant shall file with the Secretary a sworn statement of the claimant's claim, within 90 days after the final acceptance of the project by the State or within 90 days from the time the taxes or contributions to the Vermont Commissioner of Labor are due and payable, and, within one year after the filing of the claim, shall bring a petition in the Superior Court in the name of the Secretary, with notice and summons to the principal, surety, and the Secretary, to enforce the claim or intervene in a petition already filed. The Secretary may, if the Secretary determines that it is in the best interests of the State, accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a surety bond.

(10) Purchase, rent, lease, operate, and maintain the machinery, trucks, and equipment necessary to carry out the provisions of this title and in its discretion let trucks and other machinery under such terms as it determines.

(11) With the approval of the Governor, purchase, rent, lease, or erect suitable garages and other buildings as may be necessary for the care of its machinery, trucks, materials, and equipment.

(12) Consult with the Agency of Natural Resources prior to engaging in road repairs or construction that in any way involve streams, ponds, or lakes.

(13) Furnish, subject to reimbursement and upon request by a municipality, services as may be necessary for the municipality to comply with the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” or any subsequent amendments to the Act.

(14) With respect to State highways, have the same powers that selectboards have with respect to town highways.

(15) Respond in writing to concerns raised during Transportation Board hearings conducted pursuant to the provisions of subdivision 5(d)(6) of this title.

(16) Inform the Joint Transportation Oversight Committee of any anticipated loss or reduction of federal funding for transportation purposes due to either a lack of State funds for matching or a decrease in federal funds for the Transportation Program.

(17) Administer the Statewide Property Parcel Mapping Program.
19 V.S.A. § 305 — VT Code / Title 19 / Chapter 3 / Section 305
§ 305. Measurement and inspection
Status: in_force

(a) After reasonable notice to the selectboard, a representative of the Agency may measure and inspect the class 1, 2, and 3 town highways in each town to verify the accuracy of the records on file with the Agency. Upon request, the selectboard or its designee shall be permitted to accompany the representative of the Agency during the measurement and inspection. The Agency shall notify the town when any highway, or portion of a highway, does not meet the standards for its assigned class. If the town fails, within one year, to restore the highway or portion of the highway to the accepted standard, or to reclassify, or to discontinue, or develop an acceptable schedule for restoring to the accepted standards, the Agency for purposes of apportionment under section 306 of this title shall deduct the affected mileage from that assigned to the town for the particular class of the road in question.

(b) Annually, on or before February 10, the selectboard shall file with the town clerk a sworn statement of the description and measurements of all class 1, 2, 3, and 4 town highways and trails then in existence, including any special designation such as a throughway or scenic highway. When class 1, 2, 3, or 4 town highways, trails, or unidentified corridors are accepted, discontinued, or reclassified, a copy of the proceedings shall be filed in the town clerk's office and a copy shall be forwarded to the Agency.

(c) All class 1, 2, 3, and 4 town highways and trails shall appear on the town highway maps by July 1, 2015.

(d) At least 45 days prior to first including a town highway or trail that is not clearly observable by physical evidence of its use as a highway or trail and that is legally established prior to February 10, 2006 in the sworn statement required under subsection (b) of this section, the legislative body of the municipality shall provide written notice and an opportunity to be heard at a duly warned meeting of the legislative body to persons owning lands through which a highway or trail passes or abuts.

(e) The Agency shall not accept any change in mileage until the records required to be filed in the town clerk's office by this section are received by the Agency. A request by a municipality to the Agency for a change in mileage shall include a description of the affected highway or trail, a copy of any surveys of the affected highway or trail, minutes of meetings at which the legislative body took action with respect to the changes, and a current town highway map with the requested deletions and additions sketched on it. A survey shall not be required for class 4 town highways that are legally established prior to February 10, 2006. All records filed with the Agency are subject to verification in accordance with subsection (a) of this section.

(f) The selectboard of any town who are aggrieved by a finding of the Agency concerning the measurement, description, or classification of a town highway may appeal to the Transportation Board by filing a notice of appeal with the Executive Secretary of the Transportation Board.

(g) The Agency shall provide each town with a map of all of the highways in that town, together with the mileage of each class 1, 2, 3, and 4 highway, as well as each trail, and such other information as the Agency deems appropriate.

(h) Notwithstanding the provisions of chapter 7, subchapter 7 of this title, on or before July 1, 2010, a municipality's legislative body may vote to discontinue all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail and that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section. For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

(1) a petition has been filed with the legislative body by persons who are either voters or landowners, and whose number is at least five percent of the voters in a municipality desiring to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection; or

(2) the legislative body has voted at an annual or special meeting duly warned for the purpose to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection.

(i)(1) Prior to a vote to discontinue town highways provided in subsection (h) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 30 days prior to the hearing in at least two public places within the municipality and in the town clerk's office. The notice shall include the most recently available map of all town highways prepared by the Agency of Transportation pursuant to subsection (g) of this section. At least 30 days prior to the hearing, the legislative body shall also deliver the warning and map together with proof of receipt or mail by certified mail, return receipt requested, to each of the following:

(A) the chair of any municipal planning commission in the municipality;

(B) the chair of a conservation commission, established under 24 V.S.A. chapter 118, in the municipality;

(C) the chair of the legislative body of each abutting municipality;

(D) the executive director of the regional planning commission of the area in which the municipality is located;

(E) the Commissioner of Forests, Parks and Recreation; and

(F) the Secretary of Transportation.

(2) The hearing shall be held within the 10 days preceding the meeting at which the legislative body will vote whether to discontinue all town highways as provided in subsection (h) of this section.

(j) The legislative body may designate a specific highway or portion thereof proposed to be discontinued as a trail, in which case the right-of-way shall be continued at the width provided for in section 702 of this title. A designation of a highway or portion thereof as a trail under the provisions of this section shall be in writing, setting forth a complete description of the highway or portion thereof so designated. For all highways not designated as a trail and discontinued pursuant to this section, title to the rights-of-way shall belong to the owners of the abutting lands. 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. The legislative body shall return a report of its actions to the town clerk's office and the Agency of Transportation.

(k) A vote pursuant to subsection (h) of this section may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose pursuant to a petition that is:

(1) signed by not less than five percent of the qualified voters of the municipality; and

(2) presented to the legislative body or the clerk of the municipality within 44 days following the vote taken pursuant to subsection (h) of this section.

(l) When a petition is submitted in accordance with subsection (k) of this section, the legislative body shall call a special meeting within 60 days from the date of receipt of the petition or include an article in the warning for the next annual meeting of the municipality if the annual meeting falls within the 60-day period to determine whether the voters will disapprove the discontinuance of town highways as provided in subsection (h) of this section.

(m) No fewer than two copies of a notice that the legislative body has voted to discontinue all town highways as provided in subsection (h) of this section shall be posted at each polling place during the hours of voting, and copies thereof shall be made available to voters at the polls upon request.

(n) If a petition for an annual or a special meeting is duly submitted in accordance with this section to determine whether the vote of the legislative body to discontinue all town highways as provided in subsection (h) of this section shall be disapproved by the voters of the municipality, the discontinuance shall take effect on the conclusion of the meeting or at such later date as is specified in the discontinuance unless a majority of the qualified voters voting on the question at the meeting vote to disapprove the discontinuance, in which event it shall not take effect.
19 V.S.A. § 514 — VT Code / Title 19 / Chapter 5 / Section 514
§ 514. Award of costs in damages action; litigation expenses in inverse condemnation action
Status: in_force

(a) If a damages award by a court is more than the Agency's offer of just compensation or offer of judgment, whichever is greater, the court shall award the property owner his or her reasonable costs. If the damages award is less than or equal to the greater of the Agency's offer of just compensation or offer of judgment, the court shall award the Agency its reasonable costs.

(b) If a court renders judgment in favor of a property owner in an inverse condemnation action or if the Agency effects a settlement of an inverse condemnation action, the court shall award the owner his or her reasonable costs and other litigation expenses, including reasonable attorney's, appraisal, and engineering fees actually incurred because of the proceeding.
19 V.S.A. § 927 — VT Code / Title 19 / Chapter 9 / Section 927
§ 927. Snow fence
Status: in_force

When the selectboard determines that a highway is liable to be obstructed by snowdrifts that may be prevented by erecting a snow fence on land adjoining the highway, and on notice to and hearing of the owner or occupant of the land, it may cause a fence to be built and maintained.
19 V.S.A. § 1503 — VT Code / Title 19 / Chapter 15 / Section 1503
§ 1503. Designation of highways; contracts
Status: in_force

The Agency, consistent with the directives of the General Assembly, may designate the highways to be improved, constructed, or reconstructed under the provisions of this chapter. Subject to the limitations of the Federal Aid Road Act, and the rules and regulations of the Federal Highway Administration, the Agency may contract in the name of the State for the construction or reconstruction of any highway or bridge under this chapter and the location of the work, the kind of construction, and whether it shall be by force account or by contract.
19 V.S.A. § 1901 — VT Code / Title 19 / Chapter 19 / Section 1901
§ 1901. Purpose
Status: in_force

It is the purpose of this chapter to facilitate cooperation by the State and by the towns with the federal government in the acquisition of certain highway rights and facilities needed by the federal government for authorized projects or purposes, in those cases where the federal government provides the replacement for those rights and facilities at its expense.