The Vermont Statutes Online

Title 19: Highways

Chapter 015: Federal Aid

• § 1501. Acceptance of federal aid

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

• § 1502. Compliance with federal requirements; use of federal aid money

  (a) To effect the purposes of section 1501 of this title, the Agency may comply with federal rules and regulations and may use so much of the funds appropriated to the Agency, or available to it pursuant to 32 V.S.A. § 5 or 511, for highway purposes as shall be necessary to secure aid from the federal government under the federal act specified in section 1501 of this title and, in addition, may use such sums as may be necessary for surveys, plans, specifications, estimates, and assistance necessary to carry out the provisions of this chapter.

  (b) To carry out the transportation planning process required by the Intermodal Surface Transportation Efficiency Act of 1991 (the Act), 23 U.S.C. § 134, as may be amended, the Governor shall designate a metropolitan planning organization for any urbanized area of more than 50,000 population and may take other action necessary to ensure the State’s compliance with the Act and any federal regulations pertaining to the Act. A designation of a metropolitan planning organization shall remain in effect until revoked by the Governor. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 42; 1993, No. 61, § 25, eff. June 3, 1993; 2015, No. 40, § 15.)

• § 1503. Designation of highways; contracts

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

• § 1504. Cooperation by municipalities

  A municipality may cooperate with the Agency of Transportation and the Transportation Board in any way necessary to carry out the provisions of this chapter, and to that end may contribute financial or other assistance. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1505. Federal bridges; construction

  In the construction of highways under the provisions of the Federal Aid Road Act, the Agency by agreement with the selectboard of the town in which a bridge is located may repair, build, or rebuild the bridge. A portion of the cost of the bridge work, in the discretion of the Agency and approved by the Board, may be paid out of the appropriation to aid towns for bridges. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1506. Maintenance; payment

  The Agency may maintain any bridge built or repaired under the provisions of section 1505 of this title and may advance the cost. Upon demand of the Agency, the municipality shall reimburse the State for the expenditures made, and the amount repaid shall be deposited in the account from which the expenditure was made. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1507. Monies received

  All monies received from the federal government, from municipalities, and from other sources on account of the construction of bridges under this chapter shall be credited to the fund provided by law for this purpose. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1508. Matching funds

  The State Treasurer, with the approval of the Governor, is authorized to advance against future Transportation Fund revenue not to exceed $3,000,000.00 as the Agency may certify necessary to match federal aid highway funds, whenever these funds are made available to the State. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1508a. Anticipation of receipts

  The Commissioner of Finance and Management may anticipate receipts due the Agency from utilities and municipalities on account of the construction of projects under this chapter and issue warrants based on these projects. Anticipated receipts shall be credited to the proper account when received. (Added 1993, No. 27, § 3.)

• § 1509. Construction of federal aid highways

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

• § 1510. Local authorization

  (a) In any case of proposed highway construction in which a federal-state-local match is contemplated, a municipality seeking to reserve the State portion of monies for the construction project must obtain ratification of the local portion, as this portion may be periodically assessed by the Agency of Transportation, within 18 months of receipt of a commitment on the part of the State, as evidenced by a signed application relative to engineering costs and project costs or similar document. In the event ratification of the local portion is not obtained within the 18 month period, the State shall withdraw from the proposal and shall make the State portion available for other program purposes.

  (b) No second or subsequent application relative to engineering costs and project costs or similar document may be signed by a State official unless 18 months have passed since an earlier signing of a similar application relative to engineering costs and project costs for the same proposed highway project. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1511. Town approval of projects on the State highway system

  (a) If a planned highway project is located completely within one town or is located in more than one town and in the event the voters of one of the towns at an annual or special meeting that has been warned, vote against that project within one year after the corridor or corridor design hearing, or both, the project shall be suspended by the Agency of Transportation and the facts related to the project with appropriate recommendations shall be reported to the Transportation Board for its review. The Board shall make its report with recommendations to the General Assembly, which shall order either completion or discontinuance of the project.

  (b) The provisions of subsection (a) of this section do not apply to any project that:

  (1) has been the subject of a corridor or corridor/design hearing prior to May 1, 1982; or

  (2) was specifically designated for one or more of the following: preliminary design; right-of-way acquisition; or construction by the General Assembly prior to May 1, 1982. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 105.)

• § 1512. Repealed. 1995, No. 60, § 26(a), eff. April 25, 1995.

• § 1513. Historic bridge program

  For the purpose of facilitating compliance with section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f, the Agency and cooperating municipalities, in connection with federal-aid projects affecting historic bridges, are authorized to enter into preservation easement agreements. (Added 1999, No. 18, § 22, eff. May 13, 1999.)