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Subchapter 001: GENERAL DUTIES OF TOWNS
§ 901. Removal of roadside growth
Except for work that is part of the Transportation Program under section 10g of this title:
(1) A person shall not remove shade trees, as defined in 24 V.S.A. § 2501a, without prior approval of the tree warden pursuant to 24 V.S.A. chapter 67.
(2) A person, other than the abutting landowner or municipality, shall not cut, trim,
remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the
limits of a town highway without first obtaining the consent of the legislative body.
(3) A person, other than the Agency or the abutting landowner, shall not cut, trim, remove,
or otherwise damage any grasses, shrubs, vines, or trees growing within the limits
of lands subject to any ownership interest held by the Agency without first obtaining
the Agency’s written consent. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020; 2021, No. 20, § 99.)
§ 902. Penalty for removal
(a) A person, other than the Agency, the abutting landowner, the municipality, or the
tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages
trees within the limits of a State highway or municipal right-of-way shall be fined
pursuant to 13 V.S.A. § 3602, unless the person has obtained prior written consent from the Agency, municipality,
or tree warden.
(b) A person, other than the Agency, the abutting landowner, the municipality, or the
tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages
grasses, shrubs, or vines within highway limits in violation of section 901 of this title shall be fined not more than $100.00 nor less than $10.00, for each offense, unless
the person has obtained prior written consent from the Agency or municipality. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)
§ 903. Agreements for planting
The Agency or the selectboard may enter into agreements with individuals or organizations
who wish to plant grasses, shrubs, vines, trees, or flowers within highway limits. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 904. Tree and brush removal
The legislative body of a municipality, if necessary, shall cause to be cut and burned,
or removed from within the limits of the highways under its care, trees and bushes
that obstruct the view of the highway ahead or that cause damage to the highway or
that are objectionable from a material or scenic standpoint. Trees that have been
set out or marked by the abutting landowners and shade trees that have been designated
pursuant to 24 V.S.A. chapter 67 shall be preserved if the usefulness or safety of
the highway is not impaired. Young trees standing at a proper distance from the roadbed
and from each other, and banks and hedges of bushes that serve as a protection to
the highway or add beauty to the roadside, shall be preserved. On State highways,
the Secretary shall have the same authority as the legislative body. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)
§ 905. Construction of sidewalks, bicycle paths, and footpaths
The legislative body of a municipality may construct and maintain suitable footpaths,
bicycle paths, or sidewalks, or any combination of these, within the limits of town
highways where they do not conflict with travel on the highway. Permission may be
granted by the Agency for the construction and maintenance of these facilities on
State highways. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 14, eff. June 3, 1993.)
§ 905a. Curb cuts and ramps
All newly constructed intersections or curbs in the State used by pedestrians shall
be constructed with curb cuts or ramps that enable persons with ambulatory disabilities
to have access to the sidewalk. Specifications for design of curb cuts or ramps shall
be in accordance with the American National Standards Institute. All curb cuts or
ramps in the State shall be of a uniform design where practical. (Added 1985, No. 138 (Adj. Sess.), § 3; amended 2013, No. 96 (Adj. Sess.), § 118.)
§ 905b. Crosswalks
All crosswalk markings shall be of uniform color, dimension, and location and be in
conformance with the U.S. Department of Transportation Federal Highway Administrations’
Manual on Uniform Traffic Control Devices. (Added 1985, No. 138 (Adj. Sess.), § 2; amended 2003, No. 151 (Adj. Sess.), § 4.)
§ 905c. Audible traffic signals
Audible warning signals shall be installed at all intersections with an exclusive
walk cycle where new traffic light systems are installed. As used in this section,
“audible” means a signal that is sufficiently loud as to be heard when the traffic
conditions in a particular location are considered. (Added 1985, No. 138 (Adj. Sess.), § 1.)
§ 906. Penalties
A person who willfully drives over or parks or otherwise impedes normal use on a sidewalk
or footpath, except where it is necessary to cross the sidewalk for the purpose of
entering private grounds, shall be fined not more than $25.00 nor less than $5.00. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 100.)
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Subchapter 005: APPEALS AND MINOR ALTERATIONS
§ 923. Quasi-judicial process
In order to protect the rights of interested persons and the public, the process described
in this section shall be used whenever so provided by other provisions of this title.
As used in this section, “interested person” means a person who has a legal interest
of record in the property that would be affected by the proposed action.
(1) Notice. The selectboard shall give written notice by certified mail or by one of the methods
allowed by Rule 4 of the Vermont Rules of Civil Procedure for service of original
process to any interested person describing the proposed activity affecting the property.
The notice shall include a date and time when the selectboard shall inspect the premises.
The notice shall precede the inspection by 30 days or more except in the case of an
emergency.
(2) Inspection of premises. The selectboard shall view the area and receive any testimony pertinent to the problem,
including suggested awards for damages, if any.
(3) Necessity. The selectboard shall decide on the necessity for the activity or work proposed and
establish any conditions for accomplishing it. This includes the award of damages,
if applicable. The selectboard shall announce the decision and the reason for it within
10 days of the inspection unless the selectboard formally delays the proceeding in
order to receive more testimony.
(4) Notifying parties. The selectboard shall notify the interested persons and other interested parties of
its decision. It shall file a copy of its decision with the town clerk within 10 days
of its announcement.
(5) Appeal. If an interested person is dissatisfied with the award for damages, he or she may
appeal using any of the procedures listed in chapter 5 of this title. Notice or petition
for appeal shall not delay the proposed work or activity. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 24.)
§ 924. Change of grade
The elevation of a highway shall not be changed by cutting down or raising the roadbed
in front of a dwelling house or any other building adjacent to the highway more than
three feet without following the procedure under section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 925. Laying fences down
When the selectboard determines that a highway is liable to be obstructed by snowdrifts,
and the fences adjoining the highway can be conveniently laid down, it may cause any
portion to be laid down during the winter. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 926. Damages; appeal
The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying
appeals. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 927. Snow fence
When the selectboard determines that a highway is liable to be obstructed by snowdrifts
that may be prevented by erecting a snow fence on land adjoining the highway, and
on notice to and hearing of the owner or occupant of the land, it may cause a fence
to be built and maintained. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 928. Damages; appeal
The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying
appeals. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 935. Relocation of highway
When a highway is made impassable, or the width reduced to prevent the free and safe
passage, by a landslide or washout, or a bridge is swept away by a flood, the selectboard
may change the location of the highway or the bridge and may discontinue any resulting
unnecessary parts of the old highway. It may take, damage, or affect such land as
may be necessary at the location of the slide or washout for the purpose of re-establishing,
repairing, rebuilding, or protecting the highway or bridge and may proceed immediately
to build or rebuild the highway or bridge and open the highway or bridge for work
and travel. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 936. Damages; appeal
The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying
appeals. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 940. Diversion
When it appears necessary to protect a highway damaged by or expected to be damaged
by flood waters or ice jams, the selectboard may change the course of or widen a stream,
or provide storage for accumulated ice, and for these purposes may purchase or take
the necessary land. It shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying
appeals. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 941. Limitation
Section 940 of this title shall not authorize the diversion of a stream, so that the value of a mill, manufactory,
or machinery propelled by the water of the stream is diminished, without the consent
of all interested persons. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 945. Proceedings
When it is necessary for the protection of a highway to erect an embankment or dike
upon the banks of a stream, and the owner of the stream or of the lands adjacent will
not permit town officials to enter upon the lands for this purpose, or requires them
to pay a greater sum than in their judgment they ought to pay, the selectboard may
take the land following the procedures established in section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 950. Establishment by selectboard
Selectboard may lay out, establish, construct, or cause to be constructed and maintained
a drain, ditch, or watercourse leading from a highway in the town, across the lands
of any person to a watercourse, to carry away the surface water from the highway,
or other drainage necessary for public health, if it judges the public good or the
necessity or convenience of individuals requires this work. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 951. Damages
The selectboard shall follow the procedures established in section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 952. Maintenance
The town shall properly maintain the drain, ditch, or watercourse and keep it in good
and sufficient repair until, upon notice and hearing, it is discontinued. (Added 1985, No. 269 (Adj. Sess.), § 1.)
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Subchapter 006: LAYING OUT WINTER ROADS AND LUMBER ROADS
§ 955. Winter roads
When a public highway is so obstructed by snow that travel is impracticable, the selectboard
of the town may immediately lay out, prepare, and open a winter highway for travel
in place of the obstructed highway. The highway shall be continued only during the
winter in which it is laid out. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 956. Damages
Before opening a winter highway, the selectboard shall follow the procedures established
in section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 957. Preparation for winter highway
When the selectboard determines that a winter highway is likely to be needed, it may
cause preparation to be made, using the same procedures described in section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 958. Laying out roads for removal of lumber
If it becomes necessary for the practical removal of lumber, wood, or other material
to pass through the lands of a person other than those of the owner of the land from
which the lumber, wood, or other material is to be removed, the selectboard may lay
out a right-of-way through the land of any person for these purposes. The selectboard
shall follow the procedures established by section 923 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 959. Use and discontinuance
The selectboard may fix the length of time and conditions of use for the right-of-way.
The selectboard may order the right-of-way closed or discontinued when in the selectboard’s
judgment it is necessary to do so. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 362, eff. July 1, 2022.)
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Subchapter 007: ENFORCING REPAIRS
§ 970. County road commissioners
(a) The Superior Court in each county shall appoint three county road commissioners annually,
no two of whom shall be residents of the same town. They shall be sworn to the faithful
performance of their duties, and shall hold their office for one year or until their
successors are appointed. The court shall have the power to remove any commissioner
for cause at any time and shall fill vacancies.
(b) The county road commissioners may sign subpoenas requiring witnesses to appear before
them and administer oaths and shall each receive the sum of $30.00 per day and expenses
while attending to the duties of their office. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 971. Defective roads and bridges; proceedings
When a highway or bridge is out of repair or unsafe for travel, any three citizens
or taxpayers in the State may give written and signed notice of the insufficiency
to the selectboard of the town in which the highway or bridge is situated, setting
forth in general terms the location of the highway or bridge and the nature of the
insufficiency. If the town neglects for 72 hours to respond by either denying the
allegation or to commence work upon the highway or bridge, or fails to continue the
work in good faith and with reasonable dispatch until the highway or bridge is put
in good and sufficient repair, the citizens may file with one of the county road commissioners
or the Superior Court for the county in which the highway or bridge is situated a
written complaint, signed and sworn to, setting forth in general terms the location
of the highway or bridge and the nature of the insufficiency. The complainants shall
also give the commissioners security by deposit or otherwise for the costs of proceedings
under the complaint. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 972. Notice and hearing
The commissioners, after receiving the complaint with a deposit or other security,
shall promptly notify the selectboard of the town, and one or more of the persons
filing the complaint, of the time and place where the commissioners will meet for
the examination of the highway or bridge and for conducting a hearing upon the complaint.
The commissioners, or a majority of them, shall examine the highway or bridge and
hear all interested persons as to whether the public good demands that the highway
or bridge be repaired and as to its condition and the repairs necessary to make it
safe and convenient for public travel and as to the costs of the required repairs.
The deposit or other security shall be refunded if the complaint is valid. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 973. Report of county commissioners
If, after the examination and hearing, the commissioners determine that the highway
or bridge is out of repair or unsafe for travel, and that the public good demands
that the highway or bridge be repaired, they shall determine what work or repairs
are necessary. They shall make a written report of their findings, containing a full
description of the repairs or work required and a statement of the amount estimated
to accomplish it, and shall conclude with an order to the town to make the repairs
or perform the work within such time as they judge reasonable. No town shall be required
to spend more than $0.20 per $100.00 on its grand list in any one year, including
costs of the proceedings. If they determine that the highway or bridge is not out
of repair or unsafe for travel, they shall make a written report of this finding. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 974. Filing report
The commissioners shall promptly file their report in the office of the clerk of the
county in which the highway or bridge is situated and deliver a copy of the report
to the selectboard. The report shall be final and conclusive unless an appeal is
taken as provided in section 976 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 975. Proceedings upon failure to make required repairs
At the expiration of the time limited for the repairs, without further complaint,
and upon notice to the town as they deem reasonable, the commissioners shall determine
if their order has been complied with by the town. If they find the town has failed
to do the work ordered by them, and no appeal has been taken, they shall promptly
appoint an agent to spend upon the highway the amount fixed in their report. They
shall cause the agent to give a sufficient bond conditioned for the faithful performance
of his or her duties and shall file in the county clerk’s office a certificate, stating
that their order had not been complied with, and that judgment should be entered against
the town for the amount named in their report, and give the name of the person appointed
to spend this amount. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 976. Judgment against town; execution
The clerk shall file the report and enter judgment in favor of the commissioners against
the town for the amount named in the report, with costs. However, the aggrieved party
may appeal to the Superior Court by filing with the county clerk, within 21 days after
the judgment has been entered by the clerk, a notice of appeal and a certified copy
of the complaint filed with the commissioners and by serving upon the appellee, within
the 21 days, a copy of the notice of appeal, who shall within 21 days thereafter enter
his or her appearance. The Superior Court shall hear the appeal on questions of fact
and law and render final judgment. In case an appeal is not taken within 21 days
after judgment, the clerk shall issue execution returnable in 30 days from the date
of the judgment. In the execution, the collecting officer shall be directed to pay
the amount of the judgment to the agent appointed by the commissioners and the costs
to the county clerk. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 977. Agent’s duties and pay
The agent shall immediately repair the highway or bridge as directed in the report
of the commissioners and receive out of the funds paid him or her up to $100.00 per
day for his or her services in making the repairs. Any unexpended balance shall be
returned to the town treasury. He or she shall make a report of his or her activities
to the commissioners within ten days of completing the repairs. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 978. Liability of agent
An agent appointed under the provisions of this chapter who willfully or negligently
fails to spend the money paid to the agent, or to make return to the commissioners
or the court of the amount of money not spent by the agent in making or repairing
the highway or bridge, as provided in this chapter, shall be liable to the town in
which the highway or bridge is situated in a civil action, for all money paid to the
agent and not spent as provided in this chapter. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 101.)
§ 979. Road or bridge between towns or counties
If the defective highway or bridge is on the line between two towns, and both towns
are liable to keep the highway or bridge in repair, notice shall be given to both
towns, and they shall be jointly liable the same as if the highway or bridge were
in one town. Where the highway or bridge complained of is located on the line between
two counties, all questions arising under the provisions of this chapter may be tried
in the county where the complaint is made. (Added 1985, No. 269 (Adj. Sess.), § 1.)
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Subchapter 008: TOWN LIABILITY FOR NEGLECTING REPAIRS
§ 985. Injuries from defective bridges and culverts
(a) If damage occurs to a person, or his or her property, by reason of the insufficiency
or want of repair of a bridge or culvert that the town is liable to keep in repair,
the person sustaining damage may recover in a civil action. If the damage accrues
in consequence of the insufficiency or want of repair of a bridge erected and maintained
by two or more towns, the action shall be brought against all the towns liable for
the repairs. The damage and costs shall be paid by the towns in the proportions in
which they are liable for the repairs. The court may issue execution against any
or all towns for their proportion only, provided that the liability to any town shall
not exceed $75,000.00 or, where insurance is carried, the maximum policy liability
limits, whichever sum is greater, on account of injury to or death of a person and
damage to his or her property.
(b) Towns and other corporations shall not be liable for damage to a person or his or
her property by reason of the insufficiency or want of repair of a bridge or culvert
while traveling on the highway or bridge in violation of the provisions of Title 23
regarding motor vehicle use. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 986. When one town is out of State
When the damage mentioned in section 985 of this title accrues in consequence of the insufficiency or want of repair of a bridge built and
maintained by two or more towns, one or more of which are out of this State, the action
shall be brought against the town or towns within this State liable for repairs.
The proportion of the damage with costs shall be paid by the town or towns in the
proportion in which it or they are liable for the repairs. The court may issue execution
as provided in section 985 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)
§ 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.)