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2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 987. Extent of liability; notice required

§ 987. Extent of liability; notice required
A person shall not recover against a town or other corporation for any damage sustained when crossing a bridge or culvert with a vehicle with a total gross weight exceeding the legal or posted weight limits. An action shall not be had or maintained in any court against a town for injuries received or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more selectboard members of the town in which the bridge or culvert is situated, within 20 days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 988. Contents of notice

§ 988. Contents of notice
The notice shall contain a description of the injury received or damage sustained. If bodily injuries are claimed, the part of the body injured shall be stated, with the extent and effect of the injury upon the health of the person injured, but the provisions in relation to notice shall not apply to a person who in consequence is lacking mental capacity. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 991. Fine

§ 991. Fine
When a town, liable to keep in repair a highway or bridge, fails to do so, it may be indicted for this neglect by a grand jury of the county, and may be fined at the discretion of the court, whether any special damage has been sustained or not. The fine so assessed shall be spent in repairing the highway or bridge, under the direction of a commissioner appointed by the court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 992. Notice before indictment

§ 992. Notice before indictment
A town shall not be indicted for not keeping in repair its highways and bridges unless a notice describing the highway or bridge complained of and describing in general terms its defects, signed by some person residing in the State, is delivered to one of the selectmen at least 12 days before the return date of the complaint to the court to which the complaint is made. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 993. Joint liability

§ 993. Joint liability
When towns, jointly liable, fail to keep a bridge in repair, they may be indicted by the grand jury of any county in which either of the towns is situated and may be fined at the discretion of the court. The fine and costs shall be paid by the several towns in the proportion in which they were assessed for the building of the bridge. In making the apportionment, the court may take into consideration what has already been paid by any town and issue execution against each for its proportion. The fine shall be spent in repairing the bridge under the direction of a commissioner appointed by the court. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 994. Notice of indictment; collection of fine

§ 994. Notice of indictment; collection of fine
When an indictment is presented to the Superior Court, as provided in this subchapter, the clerk shall issue a citation to the town indicted, and it shall be served as writs are by law required to be served against towns, at least 12 days before the date of trial. The execution issued for the fine and costs shall be levied and collected like executions in civil causes against towns. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 995. Description of highway

§ 995. Description of highway
It shall not be necessary to state in the indictments the exact length or width of the highway, but it shall be sufficient to describe it as a highway leading from some particular place to some other particular place. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 9 - Repairs, Maintenance, and Improvements › § 996. Highway construction, maintenance, and repair best management practices

§ 996. Highway construction, maintenance, and repair best management practices
(a) The Agency of Transportation shall work with municipal representatives to revise the Agency of Transportation’s Town Road and Bridge Standards in order to incorporate a suite of practical and cost-effective best management practices, as approved by the Agency of Natural Resources, for the construction, maintenance, and repair of all existing and future State and town highways. These best management practices shall address activities that have a potential for causing pollutants to enter the groundwater and waters of the State, including stormwater runoff and direct discharges to State waters. The best management practices shall not supersede any requirements for stormwater management already set forth in 10 V.S.A. §§ 1264 and 1264a that apply to State and town highways.
(b) Beginning January 15, 2013, and every four years thereafter, the Secretary in consultation with municipal representatives and with approval from the Agency of Natural Resources shall review and revise, as appropriate, Town Road and Bridge Standards in order to ensure the standards are protective of water quality. (Added 2009, No. 110 (Adj. Sess.), § 17, eff. May 18, 2010; amended 2021, No. 184 (Adj. Sess.), § 62, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1101. Concurrent authority; class 1 highways

§ 1101. Concurrent authority; class 1 highways
On all class 1 highways, and the bridges on class 1 highways, the Agency shall have concurrent authority and jurisdiction with the selectboard in all matters within the authority and jurisdiction of the selectboard under the provisions of this chapter. If a person named in an order made by the Agency under the authority of this section neglects or refuses to comply with the order within the time prescribed by law, the Agency may report the neglect or refusal to the State’s Attorney of the county where the highway or bridge mentioned in the order is located. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1103. Unorganized towns and gores; duties of supervisors

§ 1103. Unorganized towns and gores; duties of supervisors
When an encroachment or nuisance is made or put on a highway in an unorganized town or gore, a complaint may be made to a Superior judge who may issue his or her warrant to the supervisor for the unorganized town or gore, authorizing him or her to cause the encroachment or nuisance to be removed. The supervisor shall have the same power to remove the encroachment or nuisance as is given to selectboards in this chapter, and he or she shall proceed in like manner. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1104. Lighting where hazard

§ 1104. Lighting where hazard
The Traffic Committee may determine if any artificial light creates a hazard to users of a highway and upon a finding that a hazard is created may direct that the light be removed or altered as required to eliminate the hazard. The selectboard shall have the same authority on town highways. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1105. Obstructing travel

§ 1105. Obstructing travel
A person, other than a municipality acting with respect to highways under its jurisdiction, who places or causes to be placed an obstruction or encroachment in a public highway or trail, so as to hinder or prevent public travel or to injure or impede a person traveling on the highway or trail, shall be fined not more than $1,000.00 plus the actual costs of repairing the damage and a reasonable attorney’s fee, to be recovered in a civil action in the name of the town or State. One or more items of logging or other equipment temporarily within the right-of-way of a trail shall not be actionable under this section if located in such a way as not to unreasonably impede passage. If the court finds that an action under this section was brought without substantial basis, the court may award a reasonable attorney’s fee against the person bringing the action. Nothing in this section shall preclude the selectboard from exercising regulatory authority granted under sections 304 and 1110 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 3; 1991, No. 117 (Adj. Sess.), § 1, eff. Feb. 12, 1992.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1106. Overnight camping

§ 1106. Overnight camping
A person shall not use any part of a public highway right-of-way, a public rest area associated with a public highway, or any public land not so designated by the agency, department, or municipality having control of same as an overnight camping area for the purpose of overnight camping. A person who violates this section shall be fined not more than $50.00 for each day he or she is in violation. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1107. Cattle crossing signs

§ 1107. Cattle crossing signs
When requested in writing by a farm operator, the Agency shall furnish at its expense portable or permanent type cattle crossing signs for use on State highways or town highways where cattle must use the traveled surface of the highway to reach fields or pastures. These signs shall conform to the current standards of the Manual on Uniform Traffic Control Devices. The signs shall be permanently installed or may be temporarily displayed at locations designated by the farm operator unless disapproved on the basis of traffic safety by the Agency. Permanent type signs may be installed on State highways by the Agency wherever practical. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1108. Injuring highway

§ 1108. Injuring highway
(a) A person who wantonly or willfully injures a highway, or a bridge, or any of their components by destroying or removing planks, posts, timber, stones, or asphalt surface, or by digging pits for gravel, clay, or for any other purpose, shall forfeit to the town or State, to be expended in repairing highways, not more than $100.00 plus actual costs of repairing damage to be recovered in a civil action in the name of the town or State, with costs.
(b) A person who injures a public highway by obstructing or diverting a stream, watercourse, or sluice, or by dragging logs or timber or any other objects on the road surface, shall be fined not more than $100.00 for each offense. The person shall be further liable to the town or State for the damage to the highway, to be recovered in a civil action, in the name of the town or State.
(c) A person guilty of an offense prohibited in this section, besides the penalty, shall be liable to the town or State, or to any individual, in a civil action, for damages sustained by either in consequence of the acts prohibited, with costs. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 102.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1109. Agency of Transportation rules on abuse of highways

§ 1109. Agency of Transportation rules on abuse of highways
The Agency of Transportation shall adopt rules as it deems necessary to prevent the abuse of any highway or portion of a highway during any period of any season of the year. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 12; 2015, No. 23, § 117.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1110. Posting of highways

§ 1110. Posting of highways
(a) If the use of a town highway is to be restricted, the selectboard shall post copies of the rules in at least two public places in the town. Posting signs provided by the Agency informing the traveler of the restriction shall be conspicuously placed at each end of the highway or portion of the highway. The Secretary shall be responsible for furnishing notice of any restricted use of State highways.
(b) A person who violates these rules shall be guilty of a traffic offense under 23 V.S.A. chapter 23, for which he or she shall be fined not more than $100.00, and shall be liable to the State or town in which the damage is done for all damages to the highway to be recovered in a civil action. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 11 - Protection of Highways › § 1112. Definitions; fees

§ 1112. Definitions; fees
(a) As used in this section:
(1) “Major commercial development” means a commercial development for which the Agency requires the applicant to submit a traffic impact study in support of its application under section 1111 of this title.
(2) “Minor commercial development” means a commercial development for which the Agency does not require the applicant to submit a traffic impact study in support of its application under section 1111 of this title.
(3) “Residential or agricultural purposes” means accesses serving a single-family home, a duplex residence, or logging or field accesses for agricultural uses only.
(4) “Subsurface stormwater system” means a stormwater system, as defined in 10 V.S.A. § 1264(b)(15), that is beneath the surface.
(b) The Secretary shall collect the following fees for each application for the following types of permits issued pursuant to section 1111 of this title:
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1501. Acceptance of federal aid

§ 1501. Acceptance of federal aid
The State of Vermont assents to, approves, and pledges its good faith to meet the terms of an act of Congress approved July 11, 1916, entitled “An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” and amendments to the act, including flight strips, and the Agency is authorized to take such action as may be necessary to secure to the State the aid and benefits provided by the Act. Whenever the Agency of Transportation determines that funds otherwise authorized to be appropriated to the State under the Federal Aid Road Act, as amended and supplemented, shall not be apportioned to the State if the National System of Interstate Highways within its boundaries may lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight provided for use on these highways in the Act, as amended and supplemented, the Governor shall so declare by proclamation, and thereafter these highways shall not lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight so provided. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 41.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1502. Compliance with federal requirements; use of federal aid money

§ 1502. Compliance with federal requirements; use of federal aid money
(a) To effect the purposes of section 1501 of this title, the Agency may comply with federal rules and regulations and may use so much of the funds appropriated to the Agency, or available to it pursuant to 32 V.S.A. § 5 or 511, for highway purposes as shall be necessary to secure aid from the federal government under the federal act specified in section 1501 of this title and, in addition, may use such sums as may be necessary for surveys, plans, specifications, estimates, and assistance necessary to carry out the provisions of this chapter.
(b) To carry out the transportation planning process required by the Intermodal Surface Transportation Efficiency Act of 1991 (the Act), 23 U.S.C. § 134, as may be amended, the Governor shall designate a metropolitan planning organization for any urbanized area of more than 50,000 population and may take other action necessary to ensure the State’s compliance with the Act and any federal regulations pertaining to the Act. A designation of a metropolitan planning organization shall remain in effect until revoked by the Governor. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 42; 1993, No. 61, § 25, eff. June 3, 1993; 2015, No. 40, § 15.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1503. Designation of highways; contracts

§ 1503. Designation of highways; contracts
The Agency, consistent with the directives of the General Assembly, may designate the highways to be improved, constructed, or reconstructed under the provisions of this chapter. Subject to the limitations of the Federal Aid Road Act, and the rules and regulations of the Federal Highway Administration, the Agency may contract in the name of the State for the construction or reconstruction of any highway or bridge under this chapter and the location of the work, the kind of construction, and whether it shall be by force account or by contract. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 43.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1504. Cooperation by municipalities

§ 1504. Cooperation by municipalities
A municipality may cooperate with the Agency of Transportation and the Transportation Board in any way necessary to carry out the provisions of this chapter, and to that end may contribute financial or other assistance. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1505. Federal bridges; construction

§ 1505. Federal bridges; construction
In the construction of highways under the provisions of the Federal Aid Road Act, the Agency by agreement with the selectboard of the town in which a bridge is located may repair, build, or rebuild the bridge. A portion of the cost of the bridge work, in the discretion of the Agency and approved by the Board, may be paid out of the appropriation to aid towns for bridges. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1506. Maintenance; payment

§ 1506. Maintenance; payment
The Agency may maintain any bridge built or repaired under the provisions of section 1505 of this title and may advance the cost. Upon demand of the Agency, the municipality shall reimburse the State for the expenditures made, and the amount repaid shall be deposited in the account from which the expenditure was made. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1507. Monies received

§ 1507. Monies received
All monies received from the federal government, from municipalities, and from other sources on account of the construction of bridges under this chapter shall be credited to the fund provided by law for this purpose. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1508. Matching funds

§ 1508. Matching funds
The State Treasurer, with the approval of the Governor, is authorized to advance against future Transportation Fund revenue not to exceed $3,000,000.00 as the Agency may certify necessary to match federal aid highway funds, whenever these funds are made available to the State. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1508a. Anticipation of receipts

§ 1508a. Anticipation of receipts
The Commissioner of Finance and Management may anticipate receipts due the Agency from utilities and municipalities on account of the construction of projects under this chapter and issue warrants based on these projects. Anticipated receipts shall be credited to the proper account when received. (Added 1993, No. 27, § 3.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1509. Construction of federal aid highways

§ 1509. Construction of federal aid highways
The Agency is authorized to enter into agreements with federal agencies for financial assistance for highway purposes and to award contracts for the construction of these highways whenever the federal funds are available as stated in section 1508 of this title, and any expenditures made shall be chargeable against the advances authorized in section 1508 of this title. Provided, however, that as soon as any regular appropriated funds become available, to which the expenditures may properly be charged, the Commissioner of Finance and Management shall charge the expenditures to the regular appropriations thereby restoring the amount of the advance so that it will again become available for future use. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1510. Local authorization

§ 1510. Local authorization
(a) In any case of proposed highway construction in which a federal-state-local match is contemplated, a municipality seeking to reserve the State portion of monies for the construction project must obtain ratification of the local portion, as this portion may be periodically assessed by the Agency of Transportation, within 18 months of receipt of a commitment on the part of the State, as evidenced by a signed application relative to engineering costs and project costs or similar document. In the event ratification of the local portion is not obtained within the 18 month period, the State shall withdraw from the proposal and shall make the State portion available for other program purposes.
(b) No second or subsequent application relative to engineering costs and project costs or similar document may be signed by a State official unless 18 months have passed since an earlier signing of a similar application relative to engineering costs and project costs for the same proposed highway project. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1511. Town approval of projects on the State highway system

§ 1511. Town approval of projects on the State highway system
(a) If a planned highway project is located completely within one town or is located in more than one town and in the event the voters of one of the towns at an annual or special meeting that has been warned, vote against that project within one year after the corridor or corridor design hearing, or both, the project shall be suspended by the Agency of Transportation and the facts related to the project with appropriate recommendations shall be reported to the Transportation Board for its review. The Board shall make its report with recommendations to the General Assembly, which shall order either completion or discontinuance of the project.
(b) The provisions of subsection (a) of this section do not apply to any project that:
(1) has been the subject of a corridor or corridor/design hearing prior to May 1, 1982; or
(2) was specifically designated for one or more of the following: preliminary design; right-of-way acquisition; or construction by the General Assembly prior to May 1, 1982. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 105.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 15 - Federal Aid › § 1513. Historic bridge program

§ 1513. Historic bridge program
For the purpose of facilitating compliance with section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f, the Agency and cooperating municipalities, in connection with federal-aid projects affecting historic bridges, are authorized to enter into preservation easement agreements. (Added 1999, No. 18, § 22, eff. May 13, 1999.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 16 - Utility Relocations in Connection With Certain Highway Projects › § 1601. Declaration of policy

§ 1601. Declaration of policy
The purpose of this chapter is to set standards for determining when and to what extent the authority granted by section 1603 of this title may be exercised. (Added 1995, No. 60, § 25, eff. April 25, 1995.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 16 - Utility Relocations in Connection With Certain Highway Projects › § 1602. Definitions

§ 1602. Definitions
As used in this chapter:
(1) “Environmental considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for the protection of scenic, natural, and historic resources.
(2) “Nondiscriminating local ordinances” are municipal ordinances that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.
(3) “Relocation” means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. “Normal relocation” means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance.
(4) “Safety considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for highway and traffic safety.
(5) “Utility” means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. The term “utility” also means the utility company inclusive of any wholly owned or controlled subsidiary. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 2021, No. 20, § 106; 2021, No. 105 (Adj. Sess.), § 364, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 16 - Utility Relocations in Connection With Certain Highway Projects › § 1603. Authority to pay for certain utility relocation costs

§ 1603. Authority to pay for certain utility relocation costs
When relocation of a utility is required by a project for the improvement, construction, or reconstruction of a highway under chapter 15 of this title, the Agency or a municipality, or both, may pay for some or all of the cost of the relocation. (Added 1995, No. 60, § 25, eff. April 25, 1995.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 16 - Utility Relocations in Connection With Certain Highway Projects › § 1604. Applicability

§ 1604. Applicability
(a) Eligibility for reimbursement of utility relocation costs incurred for highway projects that advance to the construction phase after April 25, 1995 shall be determined in accordance with the standards provided in this chapter.
(b) The reimbursement provisions of this chapter only apply to “utilities,” as defined in section 1602 of this title.
(c) Unless the context clearly indicates otherwise, this chapter shall be applied in conjunction with regulations of the U.S. Department of Transportation, Federal Highway Administration, 23 C.F.R. Part 645-Utilities, as may be amended. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 2021, No. 20, § 107.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 16 - Utility Relocations in Connection With Certain Highway Projects › § 1605. Eligibility

§ 1605. Eligibility
(a) Adjustment of utility facilities may be eligible for reimbursement under this chapter when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project’s need to address environmental considerations, nondiscriminating local ordinances, safety considerations, or other requirements found to be applicable by the Agency of Transportation. Before finding adjustment of utility facilities to be eligible for reimbursement under this chapter, the Secretary shall make a determination that options other than placing the utilities underground have been considered. Alternative aerial relocation may be eligible for reimbursement in accordance with section 1606 of this title.
(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:
(1) relocation is required by construction or reconstruction of limited-access facilities;
(2) affected utility facilities are located on private property and the utility holds a fee or nonterminable easement in its existing location; or
(3) affected municipal utility facilities are located within municipal highway rights-of-way. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 1995, No. 183 (Adj. Sess.), § 18e, eff. May 22, 1996; 2021, No. 105 (Adj. Sess.), § 365, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 16 - Utility Relocations in Connection With Certain Highway Projects › § 1606. Reimbursement

§ 1606. Reimbursement
(a) Except as provided in section 1605 of this title, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.
(b) Where the eligibility criteria set forth in section 1605 of this title are met, the differential costs over and above normal relocation cost shall be apportioned on a 50/50 basis between the Agency and the municipality. The Agency may waive the requirement for municipal participation for projects located on the State highway system.
(c) Oversize or other-than-normal relocation installations undertaken for the sole benefit of the utility shall be considered as betterments and shall not qualify for reimbursement. (Added 1995, No. 60, § 25, eff. April 25, 1995.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1701. Declaration of policy

§ 1701. Declaration of policy
The General Assembly finds that limited access facilities in some areas are necessary for the preservation of the public peace, health, and safety, and for the promotion of the general welfare. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1702. Definition of a limited access facility

§ 1702. Definition of a limited access facility
For the purposes of this chapter, a “limited access facility” is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1704. Design of limited access facility

§ 1704. Design of limited access facility
The Agency may design any limited access facility and regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In this connection, it may divide and separate any limited access facility into separate roadways by the construction of raised curbings, central dividing sections or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices. No person may pass to, from, or across limited access facilities from or to abutting lands, except at such designated points as the Agency may permit and upon such terms and conditions as it may specify. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1705. Acquisition of property

§ 1705. Acquisition of property
The Agency or the town may acquire private or public property for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as it may acquire property for other highways within its jurisdiction. It shall take title in fee simple when practical. In connection with the acquisition of property for any limited access facility or portion of a facility, or service road in connection with a facility, the Agency or town may acquire an entire lot, block, or tract of land if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1706. Disposal of property

§ 1706. Disposal of property
When any property acquired by the State for a limited access facility becomes no longer necessary, the Agency, with approval of the Governor, may sell and convey it by deed or lease. The proceeds from the sale or lease shall be deposited in the Transportation Fund. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1707. Precedence of condemnation proceedings

§ 1707. Precedence of condemnation proceedings
Court proceedings to acquire property for limited access facilities shall take precedence over all other causes not involving the public interest in all courts, to the end that completion of limited access facilities may be expedited. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1708. New and existing facilities; grade crossing eliminations

§ 1708. New and existing facilities; grade crossing eliminations
(a) The Agency, with approval of the Governor, may designate and establish new facilities, or existing highways, as included within a limited access facility. The Agency, with approval of the Governor, may eliminate intersections at grade of limited access facilities with existing State and town highways, by grade separation or service road, or by closing off those highways at the right-of-way boundary line of the limited access facility.
(b) After the establishment of any limited access facility, no highway that is not part of the facility shall intersect it at grade. No highway or other public way may be opened into or connected with any limited access facility without prior written consent and approval of the Board. Its approval and consent shall be given only if the Board, after conducting a public hearing and giving due consideration to the technical recommendations of the Agency, finds that the public interest will be served. Notice of the date, time, and place of the public hearing shall be given to the Secretary of Transportation, the legislative body of the municipality, the municipal planning commission, the regional planning commission, and the Agency of Natural Resources and shall be published in a newspaper having general circulation in the municipality in which the limited access facility lies. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17; 1997, No. 144 (Adj. Sess.), § 25.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1709. Local service highways

§ 1709. Local service highways
In the development of any limited access facility, the Agency may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service highways or designate as local service highways any existing highway and may exercise jurisdiction over local service highways in the same manner as over limited access facilities if the local service highways are necessary or desirable. The local service highways shall be separated from the limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1710. Commercial enterprises prohibited

§ 1710. Commercial enterprises prohibited
Commercial enterprises or activities for serving motorists, other than welcome centers and emergency service for disabled vehicles, are prohibited within or on any property designated as, or acquired for, or in connection with, a limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1711. Unlawful use of limited access facilities

§ 1711. Unlawful use of limited access facilities
A person shall not:
(1) drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities;
(2) make a left turn or a semicircular or U-turn except through an opening provided for the purpose in the dividing curb section, separation, or line;
(3) drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; nor
(4) drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, section, or line that separates the service highway from the limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 366, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1712. Penalty

§ 1712. Penalty
A person who violates section 1711 of this title shall be imprisoned for not more than 90 days or fined not more than $100.00, or both. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1713. Reimbursement of towns for loss of taxes

§ 1713. Reimbursement of towns for loss of taxes
A town whose grand list is reduced by reason of the State’s taking taxable real estate for limited access facilities shall be reimbursed by the State annually to the amount of taxes last assessed and payable on the real estate before the taking. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1714. Listers’ annual report

§ 1714. Listers’ annual report
The listers of a town entitled to a payment under section 1713 of this title shall report annually the material facts involved, including the amount of the tax loss by reason of the taking of real estate to the Agency, which, after determining the amount of the tax loss, shall certify the loss to the listers. Costs of this program shall be paid from the Transportation Fund. If the selectboard of a town is aggrieved by the determination of the Board, it may, within 21 days after receipt of notice by the listers, appeal to the tax commissioner. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 17 - Limited Access Facilities › § 1715. Time limit

§ 1715. Time limit
Sections 1713 and 1714 of this title shall continue in effect as to any town affected until its grand list times its tax rate equals the grand list times the tax rate last preceding the date of the taking of real estate by the State or for a period of five years, whichever date comes first. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 19 - Highways Relocated in Connection With Federal Projects › § 1901. Purpose

§ 1901. Purpose
It is the purpose of this chapter to facilitate cooperation by the State and by the towns with the federal government in the acquisition of certain highway rights and facilities needed by the federal government for authorized projects or purposes, in those cases where the federal government provides the replacement for those rights and facilities at its expense. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 19 - Highways Relocated in Connection With Federal Projects › § 1902. Acceptance of highways; authority

§ 1902. Acceptance of highways; authority
The selectboard, for town highways, and the Agency, for State highways, may accept from the United States of America or any agency of the United States and open for public travel any relocated or reconstructed section of those highways provided by the United States as replacement for sections of those highways acquired or to be acquired by the United States for an authorized federal project or purpose. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 19 - Highways Relocated in Connection With Federal Projects › § 1903. Relinquishment of control

§ 1903. Relinquishment of control
(a) The Agency may relinquish to the town in which it is located any portion of the State highway system located on land acquired or to be acquired by the United States or any agency of the United States as contemplated by section 1901 of this title.
(b) When the entire section of an existing State highway, which is replaced or to be replaced as contemplated by section 1901 of this title, is not in fact ultimately acquired by the United States, and so much of the section as is not so acquired is, in the judgment of the Board, no longer needed as a part of the State highway system, the Board may relinquish control of that portion to the town in which that portion is located. However, for the provisions of this chapter, the Dwight D. Eisenhower National System of Interstate and Defense Highways shall not be considered as a replacement for existing State highways. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 20; 2021, No. 105 (Adj. Sess.), § 367, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 19 - Highways Relocated in Connection With Federal Projects › § 1904. Certificate to be filed

§ 1904. Certificate to be filed
In relinquishments under section 1903 of this title, the Secretary shall file the Agency’s certificate of relinquishment with the clerk of the town in which the relinquished highway is located, and the relinquishment shall be effective on the date of the filing unless otherwise set aside or modified under section 1905 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 19 - Highways Relocated in Connection With Federal Projects › § 1905. Appeals

§ 1905. Appeals
A town in which a relinquishment under section 1902 of this title is to be effected, which is dissatisfied with the determination of the Agency, may appeal that determination to the Board within 30 days from the date on which the Secretary files the Agency’s certificate under section 1904 of this title. The Board, after hearing the appeal, shall make findings of fact and issue its order and may by the order affirm the determination of the Agency, set the determination aside, or establish reasonable conditions under which the Agency, if it still desires to do so in the case, may relinquish control to the town concerned. Any party may appeal the Board’s decision to the Superior Court. However, there shall be no appeal to a relinquishment under subsection 1903(a) of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 21 - Relocation Assistance › § 2101. Definitions

§ 2101. Definitions
As used in this chapter, unless the context clearly indicates another meaning or different intent:
(1) “Eligible person” means any individual; family; business concern, including the operation of a farm; and nonprofit organization displaced by construction on any highway project undertaken by the State of Vermont.
(2) “Individual” means a person who is not a member of a family as defined in this section.
(3) “Family” means two or more persons who are living together in the same quarters.
(4) “Business concern” means a corporation, partnership, individual, or other private entity engaged in a business or professional activity necessitating tangible property for the carrying on of the business or profession on the premises.
(5) “Moving expense” means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, and reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection with effecting the reinstallation. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 108; 2021, No. 105 (Adj. Sess.), § 368, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 21 - Relocation Assistance › § 2102. Relocation assistance

§ 2102. Relocation assistance
The Agency shall pay to eligible persons, displaced by construction of a highway project undertaken by the State of Vermont, reasonable and necessary moving expenses caused by their displacement from real property acquired for these purposes. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 21 - Relocation Assistance › § 2103. Fixed payments

§ 2103. Fixed payments
Instead of paying the actual relocation expenses of individuals and families, the Agency may pay fixed amounts in accordance with an approved schedule of fixed amounts. The schedule shall be of statewide application and shall provide for a graduated scale related to the size of the quarters occupied or some other uniform equitable method of scaling the payments. The schedule shall indicate whether the individuals and families are entitled only to fixed amounts or are entitled to claim reimbursement for their actual moving expenses or fixed amounts at their election. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 21 - Relocation Assistance › § 2105. Matching funds

§ 2105. Matching funds
When federal funds are available for payment of direct financial assistance in situations caused by highway acquisition, the Agency may match federal funds to the extent provided by federal law and to provide direct financial assistance in the instances and on the conditions set forth by federal law and regulations. (Added 1985, No. 269 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2301. Definitions

§ 2301. Definitions
As used in this chapter:
(1) “Bicycle” means every pedal-driven device propelled by human power having two or more wheels on which a person may ride, including a so-called pedal vehicle that may have an enclosed cab.
(2) “Bicycle route” means any lane, way, or path, designated by appropriate signs, that explicitly provides for bicycle travel.
(3) “Bicycle lane” means a portion of a roadway that has been designated for the preferential or exclusive use of bicycles. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe or similar device. Paved road shoulders are considered bicycle lanes.
(4) “Bicycle path” means a separate trail or path that is for the preferential or exclusive use of bicycles, when authorized by State law or municipal ordinances. Where a trail or path forms a part of a highway, it is separated from the roadway for motor vehicle traffic by an open space or barrier.
(5) “Highways” include all facilities defined in subdivisions 1(12), (20), and (23) of this title.
(6) “Sidewalk” means the portion of a street or highway right-of-way designated for primary or exclusive pedestrian use. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 15, eff. June 3, 1993; 2009, No. 50, § 93.)