The Vermont Statutes Online

Title 19: Highways

Chapter 017: Limited Access Facilities

• § 1701. Declaration of policy

  The General Assembly finds that limited access facilities in some areas are necessary for the preservation of the public peace, health, and safety, and for the promotion of the general welfare. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1702. Definition of a limited access facility

  For the purposes of this chapter, a “limited access facility” is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1703. Authority to establish limited access facilities

  (a) The Agency, with the approval of the Governor, and when appropriate in cooperation with any federal, State, provincial, or local agency, or any other state or province having authority to participate in the construction and maintenance of highways, may plan, designate, establish, vacate, alter, improve, maintain, and provide limited access facilities for public use wherever the Agency, with the approval of the Governor, decides that the protection of existing businesses or traffic conditions, present or future, will justify the special facilities. To the extent not preempted by the Traffic Committee’s exercise of authority under 23 V.S.A. § 1004, the Agency may regulate limited access facilities. However, within cities and villages the Agency’s authority under this section shall be subject to such municipal consent as may be provided by law. Town highways may be designated as limited access using this title after approval of the selectboard.

  (b) The Agency and the Board shall have, relative to limited access facilities, the same authority as they may at any time have relative to other highways within their jurisdiction.

  (c) The Agency, with the approval of the Governor, may also make reasonable rules consistent with this title for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, called “public utility equipment,” of any public utility within any limited access facility.

  (d) Whenever the Agency determines that it is necessary that any public utility equipment located within any limited access facility should be relocated in the limited access facility or removed from the facility, the public utility owning or operating the equipment shall relocate or remove it in accordance with the order of the Agency. The cost and expenses of the relocation or removal, including the cost of installing reused or new equipment in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish the relocation or removal, shall be determined by the Agency and paid as part of the cost of the limited access facility. The public utility may appeal the Agency’s cost determination to the Board. The public utility owning or operating equipment that has been relocated or removed, or its successors or assigns, may maintain and operate the equipment, with the necessary appurtenances, in the new location or new locations, for as long a period and upon the same terms and conditions, as it had the right to maintain and operate the equipment in its former location. No utility may establish its lines or properties within the right-of-way of a limited access facility, except upon the conditions and terms prescribed by the Agency. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16; 1995, No. 183 (Adj. Sess.), § 18f, eff. May 22, 1996.)

• § 1704. Design of limited access facility

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

• § 1705. Acquisition of property

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

• § 1706. Disposal of property

  When any property acquired by the State for a limited access facility becomes no longer necessary, the Agency, with approval of the Governor, may sell and convey it by deed or lease. The proceeds from the sale or lease shall be deposited in the Transportation Fund. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)

• § 1707. Precedence of condemnation proceedings

  Court proceedings to acquire property for limited access facilities shall take precedence over all other causes not involving the public interest in all courts, to the end that completion of limited access facilities may be expedited. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1708. New and existing facilities; grade crossing eliminations

  (a) The Agency, with approval of the Governor, may designate and establish new facilities, or existing highways, as included within a limited access facility. The Agency, with approval of the Governor, may eliminate intersections at grade of limited access facilities with existing State and town highways, by grade separation or service road, or by closing off those highways at the right-of-way boundary line of the limited access facility.

  (b) After the establishment of any limited access facility, no highway that is not part of the facility shall intersect it at grade. No highway or other public way may be opened into or connected with any limited access facility without prior written consent and approval of the Board. Its approval and consent shall be given only if the Board, after conducting a public hearing and giving due consideration to the technical recommendations of the Agency, finds that the public interest will be served. Notice of the date, time, and place of the public hearing shall be given to the Secretary of Transportation, the legislative body of the municipality, the municipal planning commission, the regional planning commission, and the Agency of Natural Resources and shall be published in a newspaper having general circulation in the municipality in which the limited access facility lies. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17; 1997, No. 144 (Adj. Sess.), § 25.)

• § 1709. Local service highways

  In the development of any limited access facility, the Agency may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service highways or designate as local service highways any existing highway and may exercise jurisdiction over local service highways in the same manner as over limited access facilities if the local service highways are necessary or desirable. The local service highways shall be separated from the limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17.)

• § 1710. Commercial enterprises prohibited

  Commercial enterprises or activities for serving motorists, other than welcome centers and emergency service for disabled vehicles, are prohibited within or on any property designated as, or acquired for, or in connection with, a limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1711. Unlawful use of limited access facilities

  A person shall not:

  (1) drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities;

  (2) make a left turn or a semicircular or U-turn except through an opening provided for the purpose in the dividing curb section, separation, or line;

  (3) drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; nor

  (4) drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, section, or line that separates the service highway from the limited access facility. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 366, eff. July 1, 2022.)

• § 1712. Penalty

  A person who violates section 1711 of this title shall be imprisoned for not more than 90 days or fined not more than $100.00, or both. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1713. Reimbursement of towns for loss of taxes

  A town whose grand list is reduced by reason of the State’s taking taxable real estate for limited access facilities shall be reimbursed by the State annually to the amount of taxes last assessed and payable on the real estate before the taking. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 18.)

• § 1714. Listers’ annual report

  The listers of a town entitled to a payment under section 1713 of this title shall report annually the material facts involved, including the amount of the tax loss by reason of the taking of real estate to the Agency, which, after determining the amount of the tax loss, shall certify the loss to the listers. Costs of this program shall be paid from the Transportation Fund. If the selectboard of a town is aggrieved by the determination of the Board, it may, within 21 days after receipt of notice by the listers, appeal to the tax commissioner. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 1715. Time limit

  Sections 1713 and 1714 of this title shall continue in effect as to any town affected until its grand list times its tax rate equals the grand list times the tax rate last preceding the date of the taking of real estate by the State or for a period of five years, whichever date comes first. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 19.)