reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2203a. Municipal disposal

§ 2203a. Municipal disposal
Each town and city shall provide for the operation and maintenance of any of the following: sanitary landfills, incinerators, recycling centers, intermediate processing facilities, composting plants, or resource recovery facilities or a combination thereof as the exclusive means for disposal of solid waste, as defined in 10 V.S.A. § 6602, subject to the rules and guidelines promulgated by the Secretary of the Agency of Natural Resources. (Added 1977, No. 106, § 3; amended 1985, No. 231 (Adj. Sess.), § 1; 1987, No. 76, § 18.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2203b. Recycling centers

§ 2203b. Recycling centers
(a) Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may establish requirements for the management of such a center or facility.
(b) [Repealed.]
(c) For the purposes of Titles 10, 24, and 32, recycling means the process of utilizing waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products.
(d) The provisions of this section shall not apply to hazardous waste. (Added 1985, No. 231 (Adj. Sess.), § 2; 1999, No. 63, § 6.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2206. Recycling centers

§ 2206. Recycling centers
(a) The Secretary of Natural Resources shall develop a State plan for the establishment and operation of solid waste recycling centers sufficient to meet the need for solid waste recycling throughout the State. In developing a State plan, the Secretary may establish pilot or demonstration projects for the purpose of determining equitable regions or methods for solid waste recycling. Pursuant to such plan, the Secretary shall establish and operate or contract for the establishment and operation of a solid waste recycling center within each town, or within each administrative district created pursuant to 3 V.S.A. § 4001, or within such other regions as he or she deems reasonable to efficiently utilize solid waste recycling facilities at locations determined by him or her with the approval of the legislative body of the town in which the facility is to be located. Each recycling center shall be used for the storage, processing, and sale or disposal of solid waste. The Secretary may purchase, lease, or rent land or designate land owned by the State or any agency or department thereof for use as recycling centers.
(b) The Secretary is authorized to contract in the name of the State for the service of independent contractors under bond or with an agency or department of the State or a town to operate the recycling centers or to collect solid waste and deliver it to a recycling center.
(c) The Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement the provisions of this section.
(d) [Omitted.] (Added 1971, No. 252 (Adj. Sess.), § 2; amended 2015, No. 23, § 124.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2242. Requirement for operation or maintenance

§ 2242. Requirement for operation or maintenance
(a) A person shall not operate, establish, or maintain a salvage yard unless the person:
(1) holds a certificate of approval for the location of the salvage yard; and
(2) holds a certificate of registration issued by the Secretary to operate, establish, or maintain a salvage yard.
(b) The issuance of a certificate of registration under subsection (a) of this section shall not relieve a salvage yard from the obligation to comply with existing State and federal environmental laws and to obtain all permits required under State or federal environmental law.
(c) The Secretary may require a person to obtain a salvage yard certificate of registration under this section upon a determination, based on available information, that the person has taken action to circumvent the requirements of this subchapter.
(d) Prior to issuing a certificate of registration, the Secretary shall obtain written acknowledgment that the person seeking the certificate is aware of, and will comply with, the requirements for buying, selling, transporting, and keeping records concerning nonferrous scrap, metal articles, proprietary articles, and railroad scrap pursuant to 9 V.S.A. chapter 82. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 2; 2009, No. 56, § 5; 2009, No. 93 (Adj. Sess.), § 3; 2023, No. 31, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2243. Administration; duties and authority

§ 2243. Administration; duties and authority
The Agency of Transportation and the Secretary of Natural Resources are designated as responsible for carrying out the provisions of this subchapter and shall have the following additional responsibilities and powers:
(1) The Agency of Transportation or the Secretary of Natural Resources may make such reasonable rules as it, he, or she deems necessary, provided such rules do not conflict with any federal laws, rules, and regulations, or the provisions of this subchapter.
(2) The Agency of Transportation shall enter into agreements with the U.S. Secretary of Transportation or his or her representatives in order to designate those areas of the State that are properly zoned or used for industrial activities, and to arrange for federal cost participation.
(3) The Secretary shall adopt and enforce requirements for adequate fencing and screening of salvage yards.
(4) The Agency of Transportation may seek an injunction against a salvage yard that is in violation of the relevant provisions of this subchapter. The Secretary may enforce the relevant provisions of this chapter under 10 V.S.A. chapter 201.
(5) The Agency of Transportation or the Secretary may issue necessary orders, findings, and directives, and do all other things reasonably necessary and proper to carry out the purpose of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 3; 1993, No. 172 (Adj. Sess.), § 31; 2009, No. 56, § 6; 2017, No. 74, § 97.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2244. Periodic inspections

§ 2244. Periodic inspections
(a) The Secretary shall conduct an unannounced inspection of the physical operation, record-keeping practices, and regulatory compliance practices of salvage yards to ensure compliance with applicable provisions of this subchapter.
(b) As part of the inspection program, the Secretary shall annually inspect at least one facility to ensure compliance with 9 V.S.A. chapter 82. (Added 2023, No. 31, § 3, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2245. Incinerators, sanitary landfills, etc., excepted

§ 2245. Incinerators, sanitary landfills, etc., excepted
The provisions of this subchapter shall not be construed to apply to solid waste management facilities regulated under 10 V.S.A. chapter 159. (Added 1969, No. 98, § 1; amended 1971, No. 36, § 2, eff. April 1, 1971; 2009, No. 56, § 7.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2246. Effect of local ordinances

§ 2246. Effect of local ordinances
This subchapter shall not be construed to be in derogation of zoning ordinances or ordinances for the control of salvage yards now or hereafter established within the proper exercise of the police power granted to municipalities, if those ordinances impose stricter limitations upon salvage yards. If the limitations imposed by this subchapter are stricter, this subchapter shall control. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 8.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2247. Salvage yard certificate of registration

§ 2247. Salvage yard certificate of registration
The provisions of this subchapter shall not be construed to repeal or abrogate any other provisions of law authorizing or requiring a certificate of registration to own, establish, operate, or maintain a salvage yard, but no certificate of registration shall be issued in contravention of this subchapter, or continue in force after the date on which the salvage yard for which it is issued becomes illegal under this subchapter regardless of the term for which the certificate of registration is initially issued if the salvage yard is not satisfactorily screened. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 9.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2251. Application for certificate of approved location

§ 2251. Application for certificate of approved location
Application for a certificate of approved location shall be made in writing to the legislative body of the municipality where the salvage yard is located or where it is proposed to be located, and, in municipalities having a zoning bylaw, subdivision regulations established under sections 4301-4498 of this title, or a municipal ordinance or rule established under sections 1971-1984 of this title, the application shall be accompanied by a certificate from the legislative body or a public body designated by the legislative body. The legislative body or its designee shall find the proposed salvage yard location is not within an established district restricted against such uses or otherwise contrary to the requirements or prohibitions of such zoning bylaw or other municipal ordinance. The application shall contain a description of the land to be included within the salvage yard, which description shall be by reference to so-called permanent boundary markers. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 3; 2009, No. 56, § 10.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2252. Time of hearing

§ 2252. Time of hearing
A hearing on the application shall be held within the municipality not less than two or more than four weeks from the date of the receipt of the application by the legislative body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than seven days before the date of the hearing. (Added 1969, No. 98, § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2253. Location requirements

§ 2253. Location requirements
(a) At the time and place set for hearing, the legislative body shall hear the applicant, the owners of land abutting the facility, and all other persons wishing to be heard on the application for certificate of approval for the location of the salvage yard. The legislative body shall consider the following in determining whether to grant or deny the certificate:
(1) proof of legal ownership or the right to such use of the property by the applicant;
(2) the nature and development of surrounding property, such as the proximity of highways and State and town roads and the feasibility of screening the proposed salvage yard from such highways and State and town roads; the proximity of places of worship; schools; hospitals; existing, planned, or zoned residential areas; public buildings; or other places of public gathering; and
(3) whether or not the proposed location can be reasonably protected from affecting the public health, safety, environment, or from a nuisance condition.
(b)(1) A person shall not establish, operate, or maintain a salvage yard which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway systems and visible from the main traveled way thereof at any season of the year.
(2) On or after July 1, 2009, no person shall establish or initiate operation of a new salvage yard within 100 feet of the nearest edge of the right-of-way of a State or town road or within 100 feet of a navigable water, as that term is defined in 10 V.S.A. § 1422.
(c) Notwithstanding subsection (b) of this section, salvage yards and scrap metal processing facilities may be operated within 1,000 feet of the nearest edge of the right-of-way of the interstate and primary highway system or within 100 feet of the nearest edge of the right-of-way of a State or town road, provided that the area in which the salvage yard is located is zoned industrial under authority of State law, or if not zoned industrial under authority of State law, is used for industrial activities as determined by the Board with the approval of the U.S. Secretary of Transportation. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 4; 2009, No. 56, § 11.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2254. Aesthetic, environmental, and community welfare considerations

§ 2254. Aesthetic, environmental, and community welfare considerations
At the hearing regarding location of the salvage yard, the legislative body may also take into account the clean, wholesome, and attractive environment which has been declared to be of vital importance to the continued stability and development of the tourist and recreational industry of the State and the general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this regard the legislative body may consider collectively the type of road servicing the salvage yard or from which the salvage yard may be seen, the natural or artificial barriers protecting the salvage yard from view, the proximity of the proposed salvage yard to established tourist and recreational areas or main access routes, thereto, proximity to neighboring residences, groundwater resources, surface waters, wetlands, drinking water supplies, consistency with an adopted town plan, as well as the reasonable availability of other suitable sites for the salvage yard. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 12.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2255. Grant or denial of application; appeal

§ 2255. Grant or denial of application; appeal
(a) After the hearing the legislative body shall, within 30 days, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application.
(b) If approved, the certificate of approved location shall be issued for a period not to exceed five years and shall contain at a minimum the following conditions:
(1) conditions requiring compliance with the screening and fencing requirements of section 2257 of this title;
(2) approval shall be personal to the applicant and not assignable;
(3) conditions that the legislative body deems appropriate to ensure that considerations of section 2254 of this title have been met;
(4) any other condition that the legislative body deems appropriate to ensure the protection of public health, the environment, or safety or to ensure protection from nuisance conditions; and
(5) a condition requiring a salvage yard established or initiated prior to July 1, 2009 to be setback 100-feet from the nearest edge of a right-of-way of a State or town road or from a navigable water as that term is defined in 10 V.S.A. § 1422, provided that if a salvage yard cannot demonstrate during the application process that it meets the 100-foot setback requirement of this subdivision, a municipality may regulate the salvage yard as a nonconforming use, nonconforming structure, or nonconforming lot under a municipal nonconformity bylaw adopted under section 4412 of this title, provided that no enlargement or further encroachment within a setback required under this subdivision shall be allowed.
(c) Certificates of approval shall be renewed thereafter for successive periods of not more than five years upon payment of the renewal fee without hearing, provided all provisions of this subchapter are complied with during the preceding period, and the salvage yard does not become a public nuisance under the common law.
(d) Any person may appeal the issuance or denial of a certificate of approved location to the Environmental Division within 30 days of the decision. No costs shall be taxed against either party upon such appeal. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 5; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 56, § 13; 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2256. Certificate fees

§ 2256. Certificate fees
The initial or renewal application fee is $25.00 to be paid at the time application is made. If the application is not granted, the fee shall be returned to the applicant. A municipality, in addition to the application fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the certificate of approval conditional upon payment of same. (Added 1969, No. 98, § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2257. Screening requirements; fencing

§ 2257. Screening requirements; fencing
(a) A salvage yard shall be screened by a fence or vegetation which effectively screens it from public view and which complies with the rules of the Secretary relative to the screening and fencing of salvage yards, and shall have a gate which shall be closed after business hours.
(b) Fences and artificial means used for screening purposes as hereafter provided shall be maintained neatly and in good repair. They shall not be used for advertising signs or other displays which are visible from the main traveled way of a highway or State or town road.
(c) All junk stored or deposited in a salvage yard shall be kept within the enclosure, except while being transported to or from the salvage yard. All wrecking or other work on the junk shall be accomplished within the enclosure.
(d) Where the topography, natural growth of timber, or other natural barrier screens the salvage yard from view in part, the legislative body shall upon granting the certificate of approved location require the applicant to screen only those parts of the salvage yard not screened. A legislative body may inspect a salvage yard in order to determine compliance with the requirements of this chapter and a certificate of approved location issued under this chapter. A municipality may request that the Secretary initiate an enforcement action against a salvage yard for violation of the requirements of this subchapter or statute or regulation within the authority of the Secretary. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 32; 2009, No. 56, § 14.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2261. Application

§ 2261. Application
Application for a certificate of registration for a salvage yard shall be made in writing to the Secretary upon a form prescribed by the Secretary. (Added 1969, No. 98, § 1; amended 1993, No. 172 (Adj. Sess.), § 33; 2009, No. 56, § 15.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2262. Eligibility

§ 2262. Eligibility
The Secretary shall issue a certificate of registration upon finding:
(1) The applicant is able to comply with the provisions of this subchapter.
(2) The applicant has filed a currently valid certificate of approval of location with the Secretary.
(3) The applicant has complied with any rules of the Secretary issued under section 2243 of this title and with screening or fencing requirements that, under limitations of the surrounding terrain, are capable of feasibly and effectively screening the salvage yard from view of the main traveled way of all highways. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 6; 1973, No. 185 (Adj. Sess.), § 5; 1993, No. 172 (Adj. Sess.), § 34; 2009, No. 56, § 16; 2017, No. 74, § 98.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2271. Unauthorized disposal of vehicles

§ 2271. Unauthorized disposal of vehicles
No one may place, discard, or abandon a junk motor vehicle in a place where it is visible from the main traveled way of a highway nor may anyone abandon or discard any motor vehicle upon the land of another with or without the consent of the land owner. Motor vehicles so placed, discarded, or abandoned are hereby declared to be a public nuisance. (Added 1969, No. 98, § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2272. Removal of junk motor vehicles

§ 2272. Removal of junk motor vehicles
(a) A junk motor vehicle discovered in violation of section 2271 of this title shall be removed from view of the main traveled way of the highway by the owner of the land upon which it is discovered, upon receiving written notice from the Agency of Transportation to do so, if such owner holds title to the motor vehicle.
(b) If the owner of the land upon which a junk motor vehicle is discovered in violation of section 2271 of this title does not hold or disclaims title and the true owner of the motor vehicle is known or can be ascertained, the motor vehicle owner shall dispose of such motor vehicle in such a manner that it is no longer visible from the main traveled way of the highway upon receiving written notice from the Agency of Transportation to do so.
(c) The owner of land upon which a motor vehicle is left in violation of this section or section 2271 of this title may, without incurring any civil liability or criminal penalty to the owner or lienholders of such vehicle, cause the vehicle to be removed from the place where it is discovered to any other place on any property owned by him or her, or from the property, in accordance with 23 V.S.A. § 2152. The provisions of 23 V.S.A. chapter 21, subchapter 7 (abandoned motor vehicles) shall govern the identification, reclamation, and disposal of such vehicles.
(d) [Repealed.] (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 8; 1981, No. 87, § 4; 1983, No. 185 (Adj. Sess.), § 7; 1989, No. 39; 2003, No. 101 (Adj. Sess.), § 3; 2015, No. 50, § 24.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2273. Agency of Transportation; duties; general authority

§ 2273. Agency of Transportation; duties; general authority
The Agency of Transportation is authorized to contract in the name of the State for the service of independent contractors under bond to carry on at the contractor’s expense junk car collection and disposal operations. The Agency shall maintain a continuing inventory of junk cars for disposal, select areas appropriate for collection, storage, and disposal of junk motor vehicles, and have general authority to contract and do all things reasonably necessary to carry out the purposes of this subchapter. Notwithstanding any other provision of this subchapter, the Agency may petition the Superior Court of the county in which a junk motor vehicle is discovered in violation of section 2271 of this title for an order directing the owner to remove the motor vehicle from view of the main traveled way of the highway. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 8; 1993, No. 172 (Adj. Sess.), § 35.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2274. Construction with other statutes

§ 2274. Construction with other statutes
In the event the provisions of this subchapter conflict with any other law relating to abandoned or unclaimed property, this subchapter controls, and its provisions shall not be construed to repeal or abrogate any other provisions of law relating to junkyards but to be in aid thereof or as an alternative. (Added 1969, No. 98, § 1.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2281. Injunctive relief; other remedies

§ 2281. Injunctive relief; other remedies
(a) In addition to the penalty in section 2282 of this title, the legislative body may seek a temporary restraining order, preliminary injunction, or permanent injunction against the establishment, operation, or maintenance of a salvage yard which is in violation of the relevant municipal requirements of this subchapter and may obtain compliance with the relevant municipal requirements of this subchapter and the terms of a certificate of approved location issued under this subchapter by complaint to the Environmental Division for the county in which the salvage yard is located.
(b) In addition to the penalty in section 2282 of this title, the Agency of Transportation may seek appropriate injunctive relief in the Superior Court to enforce the provisions of this subchapter within its regulatory authority. (Added 1969, No. 98, § 1; amended 1993, No. 172 (Adj. Sess.), § 36; 2009, No. 56, § 18; 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2282. Penalty

§ 2282. Penalty
A person who violates this subchapter shall be fined by the legislative body not less than $5.00 nor more than $50.00 for each day of the violation. A person who violates the requirements of this subchapter shall be fined by the Agency of Natural Resources in accordance with 10 V.S.A. chapter 201. (Added 1969, No. 98, § 1; amended 2023, No. 79, § 13, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2283. Appeals

§ 2283. Appeals
After exhausting the right of administrative appeal to the Board under 19 V.S.A. § 5(d)(5), a person aggrieved by any order, act, or decision of the Agency of Transportation may appeal to the Superior Court, and all proceedings shall be de novo. Any person, including the Agency of Transportation, may appeal to the Supreme Court from a judgment or ruling of the Superior Court. Appeals of acts or decisions of the Secretary of Natural Resources or a legislative body of a municipality under this subchapter shall be appealed to the Environmental Division under 10 V.S.A. § 8503. (Added 1969, No. 98, § 1; amended 1971, No. 185 (Adj. Sess.), § 199, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 37; 2009, No. 56, § 19; 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2291a. Renewable energy devices

§ 2291a. Renewable energy devices
Notwithstanding any provision of law to the contrary, no municipality, by ordinance, resolution, or other enactment, shall prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. (Added 2009, No. 45, § 15b, eff. May 27, 2009.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2292. Construction with other laws

§ 2292. Construction with other laws
The powers enumerated in this subchapter may be exercised by any town, city, or incorporated village notwithstanding and in addition to the existence of similar powers under a municipal charter or other provision of law. The validity or enforceability of an ordinance or rule adopted under section 2291 of this title shall not be affected by the existence of a statute, ordinance, or rule enacted or adopted under authority other than this subchapter, and relating to the same or a similar subject. (Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2293. Regulation of condominium conversion; referendum

§ 2293. Regulation of condominium conversion; referendum
A town may adopt an ordinance governing the conversion of rental units to condominiums which is supplemental to and not inconsistent with the provisions of 27 V.S.A. chapter 15, subchapter 2. Such an ordinance shall be submitted to the voters and shall be adopted if approved by a majority of those present and voting. (Added 1985, No. 175 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2294. Missing person complaints and reports; filing required

§ 2294. Missing person complaints and reports; filing required
All law enforcement agencies, including those of municipalities, shall develop and maintain a system for filing missing person complaints and reports forwarded to it under 20 V.S.A. chapter 112. (Added 1985, No. 254 (Adj. Sess.), § 2, eff. June 4, 1986.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing, and trapping

§ 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing, and trapping
Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city, or incorporated village under subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter. (Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2296. Regulation of amateur radio

§ 2296. Regulation of amateur radio
(a) As used in this section:
(1) “Amateur radio” means the use of amateur radio and amateur satellite radio frequencies and services by qualified and federally authorized persons of any age who are interested in radio technique without pecuniary interest.
(2) “Antenna” means an array of wires, tubing, or the like used for the transmission and reception of radio waves.
(3) “Antenna support structure” means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station. Amateur radio antenna support structures are removable by design and therefore are a removable structure for assessment purposes.
(b) Notwithstanding subdivision 2291(19) of this title, a municipal ordinance regulating amateur radio antenna or amateur radio antenna support structures shall comply with the requirements of 47 C.F.R. § 97.15(b), as amended from time to time, by allowing for the erection of an amateur radio antenna or an amateur radio antenna support structure at a height and dimension sufficient to accommodate amateur radio service communications. (Added 2005, No. 200 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2296a. Right to recover expenses for emergency services

§ 2296a. Right to recover expenses for emergency services
A municipal, county, or State entity that deploys police, fire, ambulance, rescue, or other services to aid an operator of a vehicle who is stranded due to a violation of 23 V.S.A. § 1006b, 1112, or 1434(c) or to move a vehicle that is disabled due to a violation of 23 V.S.A. § 1006b, 1112, or 1434(c) may recover in civil action the costs of providing services from the operator or the operator’s employer, provided that the operator was acting during or incidental to the operator’s scope of employment. (Added 2021, No. 184 (Adj. Sess.), § 52, eff. July 1, 2022.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2297. Definitions

§ 2297. Definitions
As used in this subchapter,
(1) “Solid waste ordinance” means an ordinance adopted pursuant to subdivision 2291(12) of this title.
(2) “Legislative body” means the legislative body of a town, city, or incorporated village.
(3) “Respondent” means a person alleged to have violated a solid waste ordinance. (Added 1991, No. 108, § 2.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2297b. Hearing by Environmental Division

§ 2297b. Hearing by Environmental Division
(a) A respondent may request a hearing on a final order under this subchapter before the Environmental Division established under 4 V.S.A. chapter 27, which shall consider the matter de novo. Notice of a request for hearing shall be filed with the Environmental Division and the municipal clerk within ten days of receipt of the final order.
(b) Notice of a request for hearing before the Environmental Division shall stay the order and payment of the penalty, if imposed, pending the hearing.
(c) If the Environmental Division determines that a violation has not occurred, it shall reverse the order.
(d) The Environmental Division may affirm a directive in an order or, if it finds that the violation exists but the remedies contained in the order are not likely to achieve the intended result, it may modify or vacate and remand the directive.
(e) In determining whether to affirm, modify, or reverse an order for a civil penalty, the Environmental Division shall consider the factors set forth in subsection 2297a(a) of this title.
(f) If the respondent does not request a hearing on a final order within ten days of receipt of the order, the final order shall stand. (Added 1991, No. 108, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299a. Eminent domain; solid waste management districts

§ 2299a. Eminent domain; solid waste management districts
(a) A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid waste facilities located on the landfill site, by condemnation as provided in this subchapter.
(b) A solid waste management district may condemn only property, easements or rights in property lying within the boundary of the district at any time after June 28, 1991. However, withdrawal of a municipality from membership in the district before November 1, 1991 shall terminate condemnation proceedings with respect to property, easements, and interests in property lying within that municipality.
(c) This subchapter may not be used to condemn property, easements, or other rights in property at solid waste management facilities actually operated by any person at any time during the three years before a petition is filed under this subchapter under either transitional authorizations issued on or before August 1, 1987 or interim, provisional, or final certifications issued by the Agency of Natural Resources. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299b. Definitions

§ 2299b. Definitions
As used in this subchapter,
(1) “Necessity” means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations and to the quantity, kind, and extent of cultivated and agricultural land which may be taken or rendered unfit for use by the proposed taking. In this matter, the court shall view the problem from both a long-range agricultural land use viewpoint as well as from the immediate taking of agricultural lands which may be involved. The court shall also consider and give effect to the policy of protecting earth resources, as set forth in 10 V.S.A. § 6086. Consideration also shall be given to the effect upon home and homestead rights and the convenience of the owner of the land, to the effect of the facility upon scenic and recreational values, and to the effect upon town grand lists and revenues.
(2) Damages resulting from the taking or use of property under the provisions of this subchapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property, which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.
(3) “Interested person” or “person interested in lands” means a person who has a legal interest of record in the property affected.
(4) “Legislative body” means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299c. Determination by legislative body of district

§ 2299c. Determination by legislative body of district
(a) No solid waste management district shall exercise the authority conferred on it by this subchapter until after the legislative body of the district has voted at a regular or special meeting warned for that purpose to adopt a resolution setting forth the necessity for the taking and the compensation to be paid.
(b) A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the legislative body’s reaching the judgment required in subsection (a) of this section. The hearing shall be conducted by the legislative body. Public notice shall be given by printing the official notice not less than 30 days prior to the hearing in a newspaper having general circulation in the area affected. A copy of the notice shall be mailed to the legislative body of the municipalities affected and a copy sent by certified mail to known owners of lands and rights in land proposed to be condemned. The notice shall set forth the purpose for which the land or rights are desired. At the hearing the legislative body shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested.
(c) If the legislative body determines the necessity of the taking and the compensation to be paid, it shall cause the property to be acquired or affected to be surveyed. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299d. Petition; notice of hearing

§ 2299d. Petition; notice of hearing
(a) After completion of the survey, the solid waste management district intending to acquire property or property rights shall present a petition to the Superior Court of the county in which the property lies, describing the property or rights, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary. The Superior Court shall set a time and place for hearing such petitions, which shall not be more than 60 nor less than 40 days from the date its order is signed, and shall issue a citation.
(b) The citation shall be served like a summons upon each person having any legal interest in the property or right, including each municipality and each municipal planning commission where the property is situated, or on absent persons in such manner as the Supreme Court may, by rule, provide for service of process in civil actions. The Superior Court may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns within the same county. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299e. Finding of necessity; appeal

§ 2299e. Finding of necessity; appeal
(a) At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the property to be taken or affected objects to the necessity of the proposed taking, the court shall require the petitioner to proceed with the introduction of evidence as to the necessity of the taking. The burden of proof shall be upon the petitioner to establish necessity by a fair preponderance of the evidence. No presumptions shall attend the petitioner’s determination of necessity.
(b) The court by its order may determine whether necessity requires the taking of the land and rights as set forth in the petition. The court shall make findings of fact and file them and any party may appeal the court’s order regarding necessity to the Supreme Court. (Added 1991, No. 109, § 1, June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299f. Determination of damages; jury trial

§ 2299f. Determination of damages; jury trial
(a) If any person with an interest in the property or right is dissatisfied with the compensation determined by the legislative body of the solid waste management district, the person may, within 30 days after any court order regarding necessity has become final, apply by petition in writing to the Superior Court of the county within which such property or right or part thereof is situated to have the amount of compensation reassessed and the time and manner of payment redetermined. Such petition shall be served and returned like a summons.
(b) Either party may request and have a trial by jury on the issue of compensation only.
(c) The Superior Court shall determine damages as of the date the property is acquired or at such other date as the court determines. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299g. Compensation; where party cannot be found

§ 2299g. Compensation; where party cannot be found
When a person to whom such compensation or any part of that compensation is due cannot be found, or is under any legal disability, or is out of this State, the Superior Court may order such amount to be deposited with the county clerk of the county in which the hearing was held. This money shall be invested and paid out according to orders made by the court. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299h. Copy of order; record

§ 2299h. Copy of order; record
When the Superior Court renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days, a certified copy of that judgment. Within 30 days after the Superior Court’s judgment has become final, the petitioner shall cause a certified copy of the judgment to be recorded in the clerk’s office of the town or towns in which the property is located. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299i. Effect of payment of awards

§ 2299i. Effect of payment of awards
After resolution of any appeals on the issue of necessity and upon the payment or deposit of the compensation determined by the legislative body of the solid waste management district, with interest, in accordance with its determination, the district shall be the owner of the property or right described in the findings. However, when an appeal is taken on the issue of compensation only, ownership shall be an equitable title only with right of possession until there is compliance with the judgment of the Superior Court. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299j. Access for examination of land

§ 2299j. Access for examination of land
Solid waste management districts organized pursuant to chapter 121 of this title, or by charter, after making reasonable effort to provide notice, may enter on any lands and premises for the purpose of making surveys and conducting hydrogeological studies, including subsurface investigations, and other scientific studies and, in the event entry is denied or resisted, they may obtain an order for this purpose from any Superior Court of a county in which the property is located. Orders issued under this section shall specify when solid waste management districts may enter land or premises, the manner and timing of notice they shall give before any such entry, the allowed duration of any entry, and a suitable payment for entry, if any. Solid waste management districts shall be liable for damage done as a result of their entry on lands or premises. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 61 - Regulatory Provisions; Police Power of Municipalities › § 2299k. Scope of civil rules

§ 2299k. Scope of civil rules
The Vermont Rules of Civil Procedure shall apply to proceedings under this subchapter, except that neither party is entitled to a trial by jury on the issue of necessity. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
2023 Vermont Statutes › Title 24 - Municipal and County Government › Chapter 63 - Fairs and Exhibits › § 2301. Appropriations

§ 2301. Appropriations
A municipality may appropriate not to exceed two and one-half percent of its grand list to aid an agricultural fair or other public exhibition intended to promote the interests of any branch of agriculture, mechanic arts, or any of the liberal arts. No such appropriation shall be used so to enable any incorporated fair association to pay dividends on its capital stock.