reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 691. Grants by State

§ 691. Grants by State
For the purpose of developing adequate air facilities for this State through assistance to municipalities in the acquirement, construction, expansion, enlargement, or improvement of an airport in this State, the Secretary is authorized to grant from available appropriations to a municipality a sum not exceeding three-fifths of the sum of the local matching funds required to support funds granted by the federal government. However, for the construction, expansion, enlargement, or improvement of airports sponsored by the State of Vermont in conjunction with the federal government, the amount of State funds may match as necessary the sum granted by the federal government. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 692. Proportion to federal funds

§ 692. Proportion to federal funds
In the event that funds appropriated for the purposes of this subchapter are insufficient to meet the proportion of matching funds specified in this section for the federal grant to a municipality for that project, the Secretary is authorized to execute grants to municipalities in the proportion that the total funds provided, for that fiscal year, will bear to the total of federal airport funds allocated to municipalities within the State for that fiscal year. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 693. Conditions

§ 693. Conditions
A municipality receiving grants from the State of Vermont shall meet such conditions as the Secretary:
(1) may establish with respect to maintenance and continued use of the subject airport site for aeronautical purposes; and
(2) shall establish in order to require the municipality to assist the State in identifying vendors that distribute, sell, or use aircraft jet fuel in the State in connection with the airport. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 694. Application

§ 694. Application
Subject to the provisions of section 695 of this title, a municipality may apply to the Secretary for funds provided for the purposes of this subchapter when the municipality has received a tentative allocation of federal airport funds for a project. Upon approval of the application by the Secretary, the funds provided under terms of this subchapter will be allocated to the municipality and held for a reasonable time. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 695. Federal assistance

§ 695. Federal assistance
A municipality may petition the Secretary to serve as its agent to accept, receive, account for, and disburse all funds granted by the United States for an airport project. If the Secretary agrees to serve as agent, the municipality shall enter into an agreement with the Secretary prescribing the terms and conditions of the agency relationship in accordance with any applicable federal or State laws or regulations. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 62, § 18.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 696. Payment

§ 696. Payment
Following inspection and audit of costs allowable under terms of the Airport Improvement Program codified at 49 U.S.C. §§ 47101–47144, as amended, funds shall be payable upon application by the municipality at the times designated by the Secretary, but in no case shall the total amount of State funds granted to a municipality under provisions of this section exceed the amount approved by the Secretary under section 694 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 17, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 697. Responsibility, title, and maintenance on completion of project

§ 697. Responsibility, title, and maintenance on completion of project
Upon completion of the project, title to, responsibility for, and maintenance of the airport shall rest with the municipality. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 751. Policy of State

§ 751. Policy of State
To provide for the orderly development of air facilities in this State and to cooperate with the national government by making available sites for airports, landing fields, air navigation facilities, and landing strips necessary for defense against an attack by sea or air, it is hereby declared to be the policy of this State to assist cities and towns or groups of cities and towns in the selection and acquisition of sites for development or expansion of airports, landing fields, and landing strips. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 752. Use of appropriations

§ 752. Use of appropriations
No part of an appropriation provided for the purposes of sections 751-754 of this title shall be used for any purpose except for purchase of land or rights in land for airports, landing fields, and landing strips and for the payment of costs incidental to acquisition of land or rights in land. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 753. Matching local funds

§ 753. Matching local funds
Money from the appropriation shall be used to match, dollar for dollar, money appropriated, raised, or contributed by a local governmental unit, city or town, or by a combination of units for the purchase of lands or rights in land for airport, landing field, air navigation facilities, or landing strip purposes. Variation of the above formula for State participation shall be permitted only in case of a site urgently needed by the U.S. Air Force or the National Guard, and then only with unanimous consent of the Governor and the Emergency Board. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 18, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 754. Title; taxation

§ 754. Title; taxation
Title to land purchased in conformity with sections 751-753 of this title shall vest entirely in the State, jointly in the State and the local governmental units, or entirely in the local governmental units as in each case is most proper. Land so acquired shall not be taxable, but when the title vests in the State or when the title is held jointly by the State and a town or towns, and the site is located in a different town or when the title vests in one or more towns and the site exists in a different town, then the holders of the title shall make an annual payment, instead of taxes, to the town in which the site is located of a sum equal to the tax otherwise assessed on the land alone. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 771. State aid for repair, maintenance, and improvement

§ 771. State aid for repair, maintenance, and improvement
The Secretary is authorized to render financial assistance in the repair, maintenance, and improvement of municipal and privately owned air navigation facilities. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 772. Lease of land for restricted landing areas

§ 772. Lease of land for restricted landing areas
For the purpose of further development of an adequate system of air navigation facilities, the Secretary is authorized to lease in the name of the State areas of land suitable to the development of restricted landing areas, together with adequate area for appurtenant buildings and access roads. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 774. Funds

§ 774. Funds
Funds appropriated for purposes enumerated in section 691 of this title may, at the discretion of the Secretary, be used for the purpose of this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 801. Establishment of air navigation facilities

§ 801. Establishment of air navigation facilities
When it is determined by the Secretary that aeronautic development and safety in this State will be furthered, the Agency is authorized to establish, acquire, own, and operate air navigational facilities including radio air navigational aids the operation of which has been discontinued by federal, municipal, or private agencies, or when the Agency has been notified by proper authorities that radio air navigational aid will be discontinued. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 802. Establishment or acquisition of radio air navigational aid

§ 802. Establishment or acquisition of radio air navigational aid
In establishing or acquiring a radio air navigational aid, the Agency shall determine the degree to which its operation will further the safety of air navigation within its effective range and the degree to which this purpose might be served by other operating aids, if any, in the vicinity. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 803. Lease and operation of radio air navigational aid

§ 803. Lease and operation of radio air navigational aid
As an alternative to acquiring and owning an existing radio air navigational aid, the Agency is authorized at its discretion to lease and operate such a facility if the purposes of safety and economy will be equally served. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 804. Acquisition of airports

§ 804. Acquisition of airports
For the purposes of establishing a permanent system of airports within the State, the Secretary, with the approval of the Governor and the General Assembly, may acquire title by agreement or condemnation to an airport that has been discontinued by the owner as an air navigational facility. The title to the airport may be acquired by lease for the purpose of continuing its use as an airport open to the public. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 805. Acquisition of areas for safe approaches

§ 805. Acquisition of areas for safe approaches
The Agency may acquire control by lease or agreement of an area extending from the end of each runway and of such dimensions as are deemed necessary to provide safe approaches. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 806. Improvements

§ 806. Improvements
After acquiring title to an airport, the Agency may make such improvements as are deemed essential to its use by the public. Improvements may include access roads or rights-of-way, buildings, grading, marking and seeding of runways, and routine airport maintenance. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 807. Lease for aircraft hangars and other structures; lease to business entities

§ 807. Lease for aircraft hangars and other structures; lease to business entities
(a) A designated area or areas on the airport may be leased to a person for the purpose of constructing aircraft hangars, repair shops, or other structures compatible with the use and operation of the airport.
(b) A designated area or areas on the airport may also be leased to any business entity consistent with Federal Aviation Administration requirements. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 108 (Adj. Sess.), § 3, eff. April 25, 2018.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 808. Maintenance of airports

§ 808. Maintenance of airports
The Secretary shall be responsible for the maintenance of the airport in a manner consistent with its anticipated type of use by the public. According to its location and traffic needs and available appropriations, the airport may be held open to the public continuously or closed for such seasons or annual periods as the Secretary deems advisable. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 15 - Airports and Air Navigation Facilities › § 809. Personnel and equipment

§ 809. Personnel and equipment
Employees may be retained for management and maintenance purposes as are required for one or more State-controlled airports. Equipment for proper maintenance of airports may be purchased and suitably housed. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1002. Airport zoning commission

§ 1002. Airport zoning commission
Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board that is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted. The commission shall make a preliminary report and hold public hearings before submitting its final report. The legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of the Commission. When a municipal planning commission or regional planning commission already exists, it may be appointed as the airport zoning commission. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1003. Joint zoning board; powers

§ 1003. Joint zoning board; powers
If an airport hazard area appertaining to an airport is located outside the territorial limits of the political subdivision that owns or controls the airport, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, by ordinance or resolution adopted, may create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by section 1004 of this title in the political subdivision within which the area is located. Each joint board shall comprise three representatives of the political subdivision(s) in which the airport is located and two representatives of the political subdivision controlling the airport. The political subdivision in which an airport hazard area is located shall have two representatives. The members of the joint board so constituted shall by majority elect a chair from their number. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1004. Zoning regulations generally

§ 1004. Zoning regulations generally
Any political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed in this chapter airport zoning regulations for an airport hazard area, which regulations may divide the area into zones. Within the zones, the subdivision may specify the land uses permitted and regulate and restrict the height to which airport hazards may be erected or allowed to grow. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1005. Incorporation in comprehensive zoning regulations

§ 1005. Incorporation in comprehensive zoning regulations
In the event that a political subdivision adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area may be incorporated in and made a part of the comprehensive zoning regulations, and be administered and enforced. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1006. Conflict with other regulations

§ 1006. Conflict with other regulations
In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of an airport hazard, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1007. Adoption or amendment of airport zoning regulations

§ 1007. Adoption or amendment of airport zoning regulations
Airport zoning regulations shall not be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in section 1003 of this title, after a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the hearing shall be published in a paper of general circulation in the political subdivision in which the airport hazard area to be zoned is located. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 19, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1008. Record and notice of regulations

§ 1008. Record and notice of regulations
The regulations, or any amendments to the regulations, shall be recorded in the office of the clerk of each city and town in which any portion of the land to which the regulations apply is located. Notice that the regulations or amendments have been adopted shall be sent by registered mail to the owner of every parcel of land to any portion of which the regulations or amendments are applicable. For the purposes of this provision, the person to whom the land was assessed in the last preceding annual tax levy shall be addressed in the same manner as the notice of the tax, unless a different owner or a different address is known to be the correct one. The notice shall also be given by posting in one or more public places in each city and town in which any portion of the land subject to the regulation is located, a map of the area subject to the regulations with sufficient explanation to give the public and the owners of land reasonable notice of the adoption of the regulations or amendments. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1009. Nature of regulations

§ 1009. Nature of regulations
All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction that is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is to be put and adaptable. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1010. Existing nonconforming use

§ 1010. Existing nonconforming use
Airport zoning regulations adopted under this chapter shall not require the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 1013 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1011. Permits as to structures

§ 1011. Permits as to structures
Airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired. The permit shall be issued if the structure, as erected or altered, conforms with the regulations, or will not constitute a greater hazard than the structure that is replaced or altered. In any event, however, all regulations shall provide that before any nonconforming airport hazard may be replaced, substantially altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing the replacement, change, or repair. A permit shall not be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming airport hazard or use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided in this chapter, all applications for permits shall be granted. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1012. Variance from regulations

§ 1012. Variance from regulations
A person desiring to use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of adjustment for a variance from the zoning regulations in question. The variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. However, any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to accomplish the purposes of this chapter. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1013. Conditional permit or variance

§ 1013. Conditional permit or variance
In granting any permit or variance under sections 1011-1013 of this title, if it deems such action advisable to accomplish the purposes of this chapter and reasonable in the circumstances, the administrative agency or board of adjustment may so condition the permit or variance as to require the owner of the airport hazard in question to permit the political subdivision, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1014. Administrative agency

§ 1014. Administrative agency
All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency that may be an agency created by the regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions that participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall the administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall include hearing and deciding all permits under section 1011 of this title, but the agency shall not have or exercise any of the powers delegated by this chapter to the board of adjustment. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1015. Appeals to board of adjustment

§ 1015. Appeals to board of adjustment
(a) A person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of the administrative agency is an improper application of airport zoning regulations of concern to the governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of the administrative agency.
(b) An appeal taken under this section shall be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board a notice of appeal specifying the grounds. The agency from which the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay in its opinion would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.
(d) The board shall fix a reasonable time for the hearing of appeals, give public notice and notice to the parties in interest, and render a decision within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
(e) In conformity with the provisions of this chapter, the board may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as required, and to that end shall have all the powers of the administrative agency from which the appeal is taken. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1016. Powers of board of adjustment

§ 1016. Powers of board of adjustment
(a) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers:
(1) to hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in section 1015 of this title;
(2) to hear and decide any special exceptions to the terms of the airport zoning regulations upon which the board may be required to pass under the regulations; and
(3) to hear and decide specific variances under section 1012 of this title.
(b) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.
(c) The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in the regulations.
(d) The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this fact. The board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2013, No. 161 (Adj. Sess.), § 72; 2023, No. 6, § 20, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1017. Appeals to Superior Court

§ 1017. Appeals to Superior Court
(a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, that is of the opinion that a decision of a board of adjustment is illegal, may present to the Superior Court of the county in which the airport is situated a verified petition requesting a de novo review of the decision. The petition shall specify the grounds for review. It shall be presented to the court within 30 days after the decision is filed in the office of the board.
(b) Upon presentation of the petition, the court may review the decision of the board. The appeal shall not stay proceedings upon the decision appealed from, but, on application, on notice to the board, and on cause shown, the court may grant a restraining order.
(c) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies or of portions of copies that may be called for by the court.
(d) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and, if need be, to order further proceedings by the board of adjustment.
(e) In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1018. Violations

§ 1018. Violations
The political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement. The court shall grant to the plaintiff such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to accomplish the purposes of this chapter and of the rules adopted and orders and rulings made pursuant to this chapter. (Added 1985, No. 222 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1019. Condemnation; appeals

§ 1019. Condemnation; appeals
(a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question, as may be necessary, by purchase or grant or condemnation in the manner provided under 5 V.S.A. chapter 5 in any case in which:
(1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3) to accomplish the purpose of this chapter, it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
(b) If the adoption of airport zoning regulations in itself constitutes the taking of the property, or of rights in property, of any person, he or she may recover for the taking from the city or town in which the airport to which the regulations relate is situated, by petition filed in the Superior Court within two years from the time when the regulations were recorded, as provided in section 1008 of this title. If the owner of property so taken has applied for a variance within one year after the regulations were recorded, and his or her application is in whole or in part denied, he or she may file a petition for damages within one year after the mailing to him or her of a notice of the denial of his or her application, or within two years after the recording of the regulations, whichever period ends later.
(c) If any corporation, subject to regulation as a public service corporation pursuant to Title 30 or as a common carrier or railroad pursuant to part 3 or 4 of this title, is aggrieved by the adoption of airport zoning regulations, or by a direction to lower, remove, reconstruct, or equip a structure, or by taking of its property or rights in property, or by refusal to grant a variance permit it may, within 30 days after the adoption, direction, taking, or refusal, appeal to the Transportation Board and, if after notice and a hearing, the Board determines that the public safety, necessity, and convenience will be best served by the amendment or annulment of the regulation, direction, or taking, it may order the regulation, direction, or taking to be amended or annulled or may grant a variance permit as prescribed in sections 1011–1013 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 9; 2023, No. 6, § 21, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 17 - Airport Zoning › § 1020. Penalties

§ 1020. Penalties
A person who violates a provision of this chapter or any rule, order, or ruling adopted or made pursuant to this chapter shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 20, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 20 - Agency of Transportation; Powers › § 1601. Agency of transportation; powers

§ 1601. Agency of transportation; powers
(a) The Agency of Transportation shall supervise and direct the execution of all laws and Transportation Board orders relating to public transportation corporations and firms and individuals engaged in this business, including the:
(1) [Repealed.]
(2) supervision and evaluation under chapter 24 of this title of the quality of service of public transportation companies; and
(3) review of proposed changes in rate schedules and petitions to the Transportation Board, and, at the discretion of the Secretary, representation of the interests of the consuming public in proceedings to change rate schedules of transportation companies under chapter 24 of this title.
(4) [Repealed.]
(b) In cases requiring hearings by the Board, the Secretary of Transportation or his or her designee shall represent the interests of the public unless otherwise specified by law. In any hearing, the Board may, if it determines that the public interest would be served, request the Attorney General or a member of the Vermont Bar to represent the public or the State.
(c) The Agency may bring proceedings on its own motion before the Transportation Board with respect to any matter within the jurisdiction of the Board, and may initiate rulemaking proceedings on matters within its jurisdiction. The Transportation Board, with respect to any matter within its jurisdiction, may issue orders on its own motion and may initiate rulemaking proceedings. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 2023, No. 6, § 22, eff. July 1, 2023.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1801. Definitions

§ 1801. Definitions
As used in this chapter, the word “company” or “corporation” means and includes individuals, partnerships, associations, and corporations, owning or conducting any transportation business or property, other than railroads and aircraft, which are covered by the provisions of this chapter. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1802. Jurisdiction over certain transportation companies by the Agency of Transportation and the Transportation Board

§ 1802. Jurisdiction over certain transportation companies by the Agency of Transportation and the Transportation Board
The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State, their directors, receivers, trustees, lessees, or other persons or companies owning or operating the companies and of all plants, lines, terminals, facilities, and equipment of the companies used in or about the business carried on by them in this State. This jurisdiction shall be exercised by the Board and the Agency so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Board and the Agency may, when they deem the public good requires, examine the plants, lines, terminals, facilities, and equipment of the companies subject to their jurisdiction under this chapter. The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State:
(1) a company owning or operating motor vehicles used as common carriers;
(2) a company owning or operating a ferry; and
(3) a company owning or operating an express business. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1803. Organization; reports of transportation corporations

§ 1803. Organization; reports of transportation corporations
Immediately upon the delivery of its articles of association to the Secretary of State, a corporation subject to supervision under this chapter shall file a copy of its articles with the Agency of Transportation and a copy of its certificate of paid-up capital stock, if any. The corporation shall also immediately after its organization forward to the Agency of Transportation a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation. At the time of commencing, a business, individual, or company, other than a corporation that is subject to supervision under this chapter, shall file with the Agency a written statement giving the location, nature, and extent of the business, together with the post office address of the owner or owners, business manager, and other officials. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1804. Duty to furnish copies of contracts

§ 1804. Duty to furnish copies of contracts
At the request of the Agency of Transportation, a corporation subject to supervision under this chapter shall submit to the Agency for its approval certified copies of contracts entered into after July 1, 1986, between the corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning 10 percent or more of the voting capital stock of the corporation subject to supervision, or with any other corporation that is itself owned or controlled by an individual, partnership, association, trust, or corporation so holding, controlling, or owning 10 percent or more of the voting capital stock of the corporation subject to supervision. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1805. Information to be furnished to the Agency of Transportation

§ 1805. Information to be furnished to the Agency of Transportation
On request by the Agency of Transportation, a company owning or operating a plant, line, or property subject to supervision under this chapter shall furnish the Agency information concerning the condition, operation, management, expense of maintenance and operation, rates charged for service or for product, contracts, obligations, and financial standing of the company. It shall also inform the Agency of the salaries of, the pensions, option, or benefit programs affecting, and the expenses reimbursed to, its officers or directors, or both. The information shall be open to public inspection at reasonable times and any person shall be entitled to copies of the information. Information obtained for use by the Agency in a particular instance and designated proprietary shall not be made public, except in the discretion of the Agency. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1806. Report of accidents; investigation

§ 1806. Report of accidents; investigation
The superintendent or manager of any transportation company subject to supervision under this chapter shall notify the Agency by telephone or wire and subsequently in writing of any accident within this State, immediately after its occurrence, that results in loss of life or injury to any person that shall incapacitate him or her from engaging in his or her usual vocations. The Agency shall inquire into the cause of every accident about which it is notified, and if, in its judgment, a public investigation is necessary, it shall fix a time and place for holding an investigation, and shall proceed as provided in provisions of law relating to investigation of accidents upon railroads. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1807. Complaints; investigations; procedure

§ 1807. Complaints; investigations; procedure
A complaint to the Transportation Board may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five individuals are affected, then any one of them. The complainant may bring his or her complaint directly before the Board or may file his or her complaint with the Agency of Transportation, which shall investigate the complaint and, if sufficient cause exists, shall prosecute the complaint in the name of the State. Upon request of the trustees of an incorporated village or the selectboard members or city council or upon its own motion, the Agency of Transportation may institute investigations regarding the price, toll, rate, or rental charged by any company. (Added 1985, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1808. Jurisdiction of Transportation Board; general scope

§ 1808. Jurisdiction of Transportation Board; general scope
On notice, the Board shall have jurisdiction to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter or articles of any corporation owning or operating any plant, line, or property subject to supervision under this chapter, and shall have like jurisdiction in all matters respecting:
(1) the quantity or quality of any service furnished or sold by any company subject to supervision under this chapter, and may prescribe the equipment for and standard of service;
(2) the manner of operating and conducting any business subject to supervision under this chapter so as to be reasonable and expedient and to promote the safety, convenience, and accommodation of the public;
(3) the price, toll, rate, or rental charged by any company subject to supervision under this chapter when unreasonable or in violation of law;
(4) the sufficiency and maintenance of proper systems, plants, lines, terminals, facilities, and equipment when the public safety and welfare require; and
(5) the restraint of any company subject to supervision under this chapter from violations of law, unjust discriminations, usurpation, or extortion. (Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 24 - Powers and Duties of Board and Agency as to Companies Other Than Railroads and Aircraft › § 1809. Prosecution of cases before Board

§ 1809. Prosecution of cases before Board
The Secretary of Transportation or his or her designee shall represent the public at a Board hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Board is required by law. In any proceeding, the Board may request the appearance of the Attorney General or appoint a member of the Vermont Bar to represent the interests of the public or State. (Added 1985, No. 224 (Adj. Sess.), § 1.)