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2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 771. Procedure

§ 771. Procedure
(a) The legislative body of a municipality may discontinue a town highway after following the procedures of sections 708-711 of this title. The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the Supreme Court, a committee of the General Assembly, a turnpike company, or was established in any other manner now or formerly authorized by law.
(b) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the Secretary of Transportation.
(c) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality. If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 772. Service of petition; costs

§ 772. Service of petition; costs
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 775. Title to discontinued highway

§ 775. Title to discontinued highway
The selectboard shall notify the Commissioner of Forests, Parks and Recreation when it has filed a petition to discontinue a highway under this subchapter. The selectboard may designate the proposed discontinued highway as a trail, in which case the right-of-way shall be continued at the same width. The Commissioner of Forests, Parks and Recreation with the approval of the selectboard may also make this designation. If the discontinued highway is not designated as a trail, the right-of-way shall belong to the owners of the adjoining lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 776. Damages for highways discontinued before completion

§ 776. Damages for highways discontinued before completion
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 781. Assessment

§ 781. Assessment
When a town does not perform the order of the Supreme or Superior Court as to building a highway or building a bridge, the court may, on application, assess the town a sum sufficient to build and complete the highway or bridge. The assessment shall be spent in building the highway or bridge under the direction of a commissioner to be appointed by the court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 782. Application; service of citation

§ 782. Application; service of citation
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 783. Trial by jury; costs

§ 783. Trial by jury; costs
The town may have a trial by jury regarding its neglect to perform the order of the court and the court may award costs to either party. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 784. Suspension of assessment upon discontinuance of highway or bridge

§ 784. Suspension of assessment upon discontinuance of highway or bridge
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 790. Laying out highway or bridge on or near line between two towns

§ 790. Laying out highway or bridge on or near line between two towns
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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 357, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 791. Apportioning expenses

§ 791. Apportioning expenses
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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 358, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 792. Petition to selectboard

§ 792. Petition to selectboard
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 793. Proceedings by selectboards

§ 793. Proceedings by selectboards
The selectboards shall proceed in the same manner as the selectboard of one town in laying out highways or building bridges. A copy of the selectboards’ findings shall be filed with the clerk of each town within six months from the time of final hearing on the application and the selectboards’ order and surveys shall be recorded in each town clerk’s office and the selectboards’ decision shall be binding on their respective towns. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 359, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 794. Highway near but not on line between towns

§ 794. Highway near but not on line between towns
(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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 97; 2021, No. 105 (Adj. Sess.), § 360, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 795. Town not assessed for highway in another town

§ 795. Town not assessed for highway in another town
A town shall not be assessed for the expense of building or maintaining any highway in another town, except as provided by this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 796. Petition by selectboard

§ 796. Petition by selectboard
When a bridge is required between two towns and the selectboards of the towns do not agree to build it, the selectboard of either town may petition the Superior Court. The petition and citation shall be served on one or more selectboard members of the other town, and the same proceedings shall be had as though application had been made by persons who are either voters or landowners and whose number is at least five percent of the voters. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 361, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 808. Payment of damages

§ 808. Payment of damages
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 809. Value of discontinued highway

§ 809. Value of discontinued highway
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 810. Allowance lands

§ 810. Allowance lands
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 811. Benefits to landowner considered

§ 811. Benefits to landowner considered
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 816. Access roads; State aid; application

§ 816. Access roads; State aid; application
When after hearing on a petition or on their own motion, the selectboard finds that the convenience of the inhabitants and the public good require that a highway be laid out or altered to provide access to a recreational, industrial, or community service area and that the estimated costs of taking land for constructing the highway exceed the amount available to the town for highway construction for the preceding two years, the selectboard may apply in writing to the Board for additional money to construct the highway. A “community service” area is one having an institution or facility for providing legally authorized educational, social, or welfare services to the public such as schools, hospitals, medical centers, or nursing homes. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 817. Application; contents

§ 817. Application; contents
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 818. Transportation Board; action

§ 818. Transportation Board; action
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 7 - Laying Out, Discontinuing, and Reclassifying Highways › § 819. Other investigation

§ 819. Other investigation
The applicant town should also consult with such other agencies or departments of State government, including the Agency of Commerce and Community Development, the Department of Health, and the Department of Forests, Parks and Recreation, as may be necessary to furnish the General Assembly with complete information as to the effect of the proposed highway and the development of the facilities upon the community and the State. Whenever a town informs one of those departments or agencies that it has applied for funds under this subchapter and needs assistance to develop the information needed to support the advisability of constructing the highway, that department or agency promptly shall investigate the proposal and provide a complete report to the town. Upon request, a copy shall be provided to the General Assembly. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2021, No. 20, § 98.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 901. Removal of roadside growth

§ 901. Removal of roadside growth
Except for work that is part of the Transportation Program under section 10g of this title:
(1) A person shall not remove shade trees, as defined in 24 V.S.A. § 2501a, without prior approval of the tree warden pursuant to 24 V.S.A. chapter 67.
(2) A person, other than the abutting landowner or municipality, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of a town highway without first obtaining the consent of the legislative body.
(3) A person, other than the Agency or the abutting landowner, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of lands subject to any ownership interest held by the Agency without first obtaining the Agency’s written consent. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020; 2021, No. 20, § 99.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 902. Penalty for removal

§ 902. Penalty for removal
(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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 903. Agreements for planting

§ 903. Agreements for planting
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 904. Tree and brush removal

§ 904. Tree and brush removal
The legislative body of a municipality, if necessary, shall cause to be cut and burned, or removed from within the limits of the highways under its care, trees and bushes that obstruct the view of the highway ahead or that cause damage to the highway or that are objectionable from a material or scenic standpoint. Trees that have been set out or marked by the abutting landowners and shade trees that have been designated pursuant to 24 V.S.A. chapter 67 shall be preserved if the usefulness or safety of the highway is not impaired. Young trees standing at a proper distance from the roadbed and from each other, and banks and hedges of bushes that serve as a protection to the highway or add beauty to the roadside, shall be preserved. On State highways, the Secretary shall have the same authority as the legislative body. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 905. Construction of sidewalks, bicycle paths, and footpaths

§ 905. Construction of sidewalks, bicycle paths, and footpaths
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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 14, eff. June 3, 1993.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 905a. Curb cuts and ramps

§ 905a. Curb cuts and ramps
All newly constructed intersections or curbs in the State used by pedestrians shall be constructed with curb cuts or ramps that enable persons with ambulatory disabilities to have access to the sidewalk. Specifications for design of curb cuts or ramps shall be in accordance with the American National Standards Institute. All curb cuts or ramps in the State shall be of a uniform design where practical. (Added 1985, No. 138 (Adj. Sess.), § 3; amended 2013, No. 96 (Adj. Sess.), § 118.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 905b. Crosswalks

§ 905b. Crosswalks
All crosswalk markings shall be of uniform color, dimension, and location and be in conformance with the U.S. Department of Transportation Federal Highway Administrations’ Manual on Uniform Traffic Control Devices. (Added 1985, No. 138 (Adj. Sess.), § 2; amended 2003, No. 151 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 905c. Audible traffic signals

§ 905c. Audible traffic signals
Audible warning signals shall be installed at all intersections with an exclusive walk cycle where new traffic light systems are installed. As used in this section, “audible” means a signal that is sufficiently loud as to be heard when the traffic conditions in a particular location are considered. (Added 1985, No. 138 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 906. Penalties

§ 906. Penalties
A person who willfully drives over or parks or otherwise impedes normal use on a sidewalk or footpath, except where it is necessary to cross the sidewalk for the purpose of entering private grounds, shall be fined not more than $25.00 nor less than $5.00. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 100.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 910. Union of towns for highway improvements

§ 910. Union of towns for highway improvements
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 911. Apportionment of expense

§ 911. Apportionment of expense
The expenses incurred may be apportioned as agreed upon by the committee before the work is begun. Each board named may accept donations for the work. A town or city shall not spend more than one percent of its grand list in any one year, unless a larger sum has been voted at a regular or special meeting warned for that purpose. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 916. Obtaining gravel within road limits

§ 916. Obtaining gravel within road limits
A town may take gravel, earth, stone, or other material, needed to repair or build highways, that lies within the limits of the highway, whether the material is to be used at the place where taken or elsewhere on town highways. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 921. School zones

§ 921. School zones
(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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 123 (Adj. Sess.), § 34.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 922. Furnishing signs

§ 922. Furnishing signs
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 922a. Warning signs designating persons with a disability

§ 922a. Warning signs designating persons with a disability
Signs designating the presence of a person with a disability shall be erected only with the consent of the individual or guardian. (Added 1985, No. 138 (Adj. Sess.), § 4; amended 2013, No. 96 (Adj. Sess.), § 119.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 923. Quasi-judicial process

§ 923. Quasi-judicial process
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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 924. Change of grade

§ 924. Change of grade
The elevation of a highway shall not be changed by cutting down or raising the roadbed in front of a dwelling house or any other building adjacent to the highway more than three feet without following the procedure under section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 925. Laying fences down

§ 925. Laying fences down
When the selectboard determines that a highway is liable to be obstructed by snowdrifts, and the fences adjoining the highway can be conveniently laid down, it may cause any portion to be laid down during the winter. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 926. Damages; appeal

§ 926. Damages; appeal
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 927. Snow fence

§ 927. Snow fence
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 928. Damages; appeal

§ 928. Damages; appeal
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 935. Relocation of highway

§ 935. Relocation of highway
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 936. Damages; appeal

§ 936. Damages; appeal
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 940. Diversion

§ 940. Diversion
When it appears necessary to protect a highway damaged by or expected to be damaged by flood waters or ice jams, the selectboard may change the course of or widen a stream, or provide storage for accumulated ice, and for these purposes may purchase or take the necessary land. It shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 941. Limitation

§ 941. Limitation
Section 940 of this title shall not authorize the diversion of a stream, so that the value of a mill, manufactory, or machinery propelled by the water of the stream is diminished, without the consent of all interested persons. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 945. Proceedings

§ 945. Proceedings
When it is necessary for the protection of a highway to erect an embankment or dike upon the banks of a stream, and the owner of the stream or of the lands adjacent will not permit town officials to enter upon the lands for this purpose, or requires them to pay a greater sum than in their judgment they ought to pay, the selectboard may take the land following the procedures established in section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 950. Establishment by selectboard

§ 950. Establishment by selectboard
Selectboard may lay out, establish, construct, or cause to be constructed and maintained a drain, ditch, or watercourse leading from a highway in the town, across the lands of any person to a watercourse, to carry away the surface water from the highway, or other drainage necessary for public health, if it judges the public good or the necessity or convenience of individuals requires this work. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 952. Maintenance

§ 952. Maintenance
The town shall properly maintain the drain, ditch, or watercourse and keep it in good and sufficient repair until, upon notice and hearing, it is discontinued. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 955. Winter roads

§ 955. Winter roads
When a public highway is so obstructed by snow that travel is impracticable, the selectboard of the town may immediately lay out, prepare, and open a winter highway for travel in place of the obstructed highway. The highway shall be continued only during the winter in which it is laid out. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 957. Preparation for winter highway

§ 957. Preparation for winter highway
When the selectboard determines that a winter highway is likely to be needed, it may cause preparation to be made, using the same procedures described in section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 958. Laying out roads for removal of lumber

§ 958. Laying out roads for removal of lumber
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 959. Use and discontinuance

§ 959. Use and discontinuance
The selectboard may fix the length of time and conditions of use for the right-of-way. The selectboard may order the right-of-way closed or discontinued when in the selectboard’s judgment it is necessary to do so. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 362, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 970. County road commissioners

§ 970. County road commissioners
(a) The Superior Court in each county shall appoint three county road commissioners annually, no two of whom shall be residents of the same town. They shall be sworn to the faithful performance of their duties, and shall hold their office for one year or until their successors are appointed. The court shall have the power to remove any commissioner for cause at any time and shall fill vacancies.
(b) The county road commissioners may sign subpoenas requiring witnesses to appear before them and administer oaths and shall each receive the sum of $30.00 per day and expenses while attending to the duties of their office. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 971. Defective roads and bridges; proceedings

§ 971. Defective roads and bridges; proceedings
When a highway or bridge is out of repair or unsafe for travel, any three citizens or taxpayers in the State may give written and signed notice of the insufficiency to the selectboard of the town in which the highway or bridge is situated, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. If the town neglects for 72 hours to respond by either denying the allegation or to commence work upon the highway or bridge, or fails to continue the work in good faith and with reasonable dispatch until the highway or bridge is put in good and sufficient repair, the citizens may file with one of the county road commissioners or the Superior Court for the county in which the highway or bridge is situated a written complaint, signed and sworn to, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. The complainants shall also give the commissioners security by deposit or otherwise for the costs of proceedings under the complaint. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 972. Notice and hearing

§ 972. Notice and hearing
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 973. Report of county commissioners

§ 973. Report of county commissioners
If, after the examination and hearing, the commissioners determine that the highway or bridge is out of repair or unsafe for travel, and that the public good demands that the highway or bridge be repaired, they shall determine what work or repairs are necessary. They shall make a written report of their findings, containing a full description of the repairs or work required and a statement of the amount estimated to accomplish it, and shall conclude with an order to the town to make the repairs or perform the work within such time as they judge reasonable. No town shall be required to spend more than $0.20 per $100.00 on its grand list in any one year, including costs of the proceedings. If they determine that the highway or bridge is not out of repair or unsafe for travel, they shall make a written report of this finding. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 974. Filing report

§ 974. Filing report
The commissioners shall promptly file their report in the office of the clerk of the county in which the highway or bridge is situated and deliver a copy of the report to the selectboard. The report shall be final and conclusive unless an appeal is taken as provided in section 976 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 975. Proceedings upon failure to make required repairs

§ 975. Proceedings upon failure to make required repairs
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 976. Judgment against town; execution

§ 976. Judgment against town; execution
The clerk shall file the report and enter judgment in favor of the commissioners against the town for the amount named in the report, with costs. However, the aggrieved party may appeal to the Superior Court by filing with the county clerk, within 21 days after the judgment has been entered by the clerk, a notice of appeal and a certified copy of the complaint filed with the commissioners and by serving upon the appellee, within the 21 days, a copy of the notice of appeal, who shall within 21 days thereafter enter his or her appearance. The Superior Court shall hear the appeal on questions of fact and law and render final judgment. In case an appeal is not taken within 21 days after judgment, the clerk shall issue execution returnable in 30 days from the date of the judgment. In the execution, the collecting officer shall be directed to pay the amount of the judgment to the agent appointed by the commissioners and the costs to the county clerk. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 977. Agent’s duties and pay

§ 977. Agent’s duties and pay
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 978. Liability of agent

§ 978. Liability of agent
An agent appointed under the provisions of this chapter who willfully or negligently fails to spend the money paid to the agent, or to make return to the commissioners or the court of the amount of money not spent by the agent in making or repairing the highway or bridge, as provided in this chapter, shall be liable to the town in which the highway or bridge is situated in a civil action, for all money paid to the agent and not spent as provided in this chapter. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 101.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 979. Road or bridge between towns or counties

§ 979. Road or bridge between towns or counties
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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 985. Injuries from defective bridges and culverts

§ 985. Injuries from defective bridges and culverts
(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. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 986. When one town is out of State

§ 986. When one town is out of State
When the damage mentioned in section 985 of this title accrues in consequence of the insufficiency or want of repair of a bridge built and maintained by two or more towns, one or more of which are out of this State, the action shall be brought against the town or towns within this State liable for repairs. The proportion of the damage with costs shall be paid by the town or towns in the proportion in which it or they are liable for the repairs. The court may issue execution as provided in section 985 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)