The Vermont Statutes Online

Title 5: Aeronautics and Surface Transportation Generally

Chapter 015: Airports and Air Navigation Facilities

• Subchapter 001: Municipal Airports

• § 601. Joint acquisition and operation; lease

  One or more municipalities may individually or jointly acquire real property by purchase, lease, or condemnation for the purposes of this subchapter. They may establish, construct, equip, maintain, and operate an airport, landing field, or air navigation facility and may lease or sublet the same for a term of not more than 20 years. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 602. Resolution; joint committee

  The resolution providing for such action shall be adopted by the legislative body of the municipality or municipalities, as defined in 24 V.S.A. § 2001. If there is more than one municipality, they shall create an intermunicipal committee as their joint agent to be at all times composed of members of each of the bodies to acquire necessary real property, in the name of the municipalities jointly, and to have charge of the construction, equipment, maintenance, and operation of the airport or landing field. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 603. Details of resolution

  The resolution may specify matters as to which the action of the committee shall require the joint approval of the bodies. It shall also prescribe the proportions of the cost of the project to be borne by the municipalities respectively. The monies to pay the share to be borne by each municipality may be provided in the manner prescribed by this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 604. Extension of boundaries; abandonment; location

  The resolution may be amended from time to time with the concurrence of each of the bodies, and the boundaries of the airport or landing place may be extended or the project abandoned in like manner at any time. A joint airport or landing place established under this subchapter shall be within the county in which the municipalities or one of them is located. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 605. Single municipality; adjacent state

  A single municipality may direct an appropriate officer, board, or body to acquire or lease real property or may set apart and use real property owned by the municipality that, in the judgment of its legislative body, is not needed for any other public use, whether originally acquired by condemnation or purchase. The site for an airport or landing field must be approved by the legislative body. Sections 601-604 of this title shall apply to a single municipality as well as to two or more municipalities, provided that the legislative body of each municipality shall provide for the action by resolution. A municipality of this State is authorized to join with a municipality of an adjacent state for the purpose of this subchapter in which instance the provisions of this subchapter shall apply except as to acquisition of property in an adjacent state by condemnation proceedings. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 606. Vote; income; issuance of notes or bonds

  An airport or landing field shall not be established or constructed, or equipped, maintained, or improved by a municipality, acting either singly or jointly with one or more other municipalities, unless and until a proposition fixing the maximum amount that may be expended by the municipality for such establishment, construction, equipment, or improvement has been submitted to an annual or special meeting of the municipality and adopted by a majority vote of the qualified voters voting on the proposition. A municipality may use and expend all income derived from the operation of the airport or landing field for maintenance and upkeep of the airport or landing field and pledge its credit and issue notes or bonds for the purposes of this subchapter in accordance with the provisions of the general law or the charter applicable to the municipality. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 18, eff. July 1, 2022.)

• § 607. Acquisition by federal government

  The cities and towns of this State owning or operating a municipal airport, in order more readily to cooperate with the federal government to further national defense, are hereby empowered by their legislative bodies to lease or sell and convey to the United States or any proper department of the United States an airport for use as a government air base for the purposes of national defense and by the lease are hereby empowered to enter into any agreements with the United States or any department of the United States as the United States or the department may require for the purposes of national defense and the legislative body of the municipality may deem just and to grant to the United States the right, title, interest, control, and management for such purposes as the United States might acquire by the right of eminent domain and condemnation proceedings. Provision shall be made in such lease for adequate compensation for any damages that may be caused to private rights or interests in the airport that may arise by reason of the provisions of the lease, and provision shall also be made in the lease for the preservation of the use of the airport for civilian air commerce as the requirements of the government will permit, the purpose of the provisions of this section being to obviate the necessity of the government resorting to condemnation proceedings. In the event that any airport is sold to the United States under the provisions of this section and section 608 of this title for the purposes of national defense, the municipality shall be relieved from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination. In the event the airport is leased to the federal government for the purpose of national defense, the municipality shall be relieved for the duration of the lease from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 608. Relations with federal government

  Municipalities of this State owning or operating a municipal airport are hereby empowered to:

  (1) accept grants, loans, and assistance subject to Agency approval from the federal government for the construction, repair, improvement, and development of airport properties owned by the municipality or municipalities;

  (2) cooperate with and contract in the name of the municipality or municipalities with the United States in reference to the construction, maintenance, development, or control of airport properties;

  (3) contract with the federal government in reference to the future development, use, or maintenance of airport properties;

  (4) match federal funds to the extent provided by federal law and grant relocation assistance and payments in the instances and on the conditions set forth by federal law and regulations when federal funds are available to provide relocation assistance and payments to persons displaced as a result of federal and federally assisted programs. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• Subchapter 002: Condemnation Proceedings for Airports

• § 651. Exercise of right of eminent domain

  The Agency or a town, city, or village that is authorized, in accordance with the provisions of this part of this title or special legislation, to acquire, maintain, and operate an airport, landing field, or air navigation facility, or two or more municipalities that are authorized whenever it is necessary to acquire property within this State or some easement or other right in property in order that it may render adequate service to the public in the operation of an airport, landing field, or air navigation facility may acquire by eminent domain in the manner provided in this subchapter such property or right either within or outside its territorial limits, or both, as provided by legislation, for the construction, establishment, enlargement, or improvement of an airport, landing field, or air navigation facility. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 652. Condemnation proceedings

  The Secretary of Transportation or the legislative body of a municipality, as defined in 24 V.S.A. § 2001, or the committee representing two or more municipalities, when authorized by vote of their legislative bodies, may institute condemnation proceedings as provided in 19 V.S.A. chapter 5, except as otherwise provided in this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 126 (Adj. Sess.), § 4; 2021, No. 184 (Adj. Sess.), § 31, eff. July 1, 2022; 2023, No. 6, § 16, eff. July 1, 2023.)

• § 653. Findings and compensation

  Necessity and compensation for such property shall be determined as provided in 19 V.S.A. chapter 5; provided, however, that “necessity” shall mean a reasonable need in order that the petitioner may render adequate service to the public in the operation of the airport, landing field, or air navigation facility. Any property or right so condemned shall be held by the municipality under an obligation to serve the general public on reasonable terms and without discrimination. (Added 1985, No. 222 (Adj. Sess.), § 2.)

• § 654. Repealed. 2011, No. 126 (Adj. Sess.), § 5.

• § 655. Property devoted to public use

  Property or a right in property that is devoted to a public use may be taken under this subchapter if it is alleged in the petition and found by the court in the proceedings that the public interest will be better served by the use of the property or right for the airport, landing field, or air navigation facility for which it is sought to be taken than by the continuance of the public use to which it is already devoted. However, no property in which the federal government or a department or agency of the federal government has an interest or for the development or use of which the federal government or a department or agency has expended or contributed monies under any legislative contract or arrangements where an obligation exists to refund or replace the monies so expended or contributed shall be taken under this subchapter, unless the taking is specifically approved in writing by the President of the United States or the principal officer of the appropriate department or agency of the federal government and by the Governor of this State. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 19, eff. July 1, 2022.)

• Subchapter 003: State Aid to Municipalities Generally

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• Subchapter 004: State Aid for Land Acquisition

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• Subchapter 005: State Aid to Municipal and Private Air Navigation Facilities; Restricted Landing Areas

• § 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.)

• § 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.)

• § 773. Rules

  The Secretary is authorized to adopt rules governing the provisions of this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23, § 70.)

• § 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.)

• Subchapter 006: State 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)

• § 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.)