The Vermont Statutes Online
- Subchapter 001: DEFINITIONS FOR CHAPTER
§ 2001. Definition
The term "legislative body" of a municipality, as used in this chapter, shall mean the mayor and board of aldermen of a city, the selectboard of a town, and the president and trustees of an incorporated village. The term "selectboard," as used in this chapter, shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. The term "town" shall mean village or city.
- Subchapter 002: JITNEYS AND TAXIS
§ 2031. Jitneys; regulations; powers
The legislative branch of a municipality shall have the power to make, establish, alter, amend, or repeal regulations for the operation, parking, soliciting, delivery, or fares in the jitney and taxi business in general within the municipality and to establish penalties for the breach thereof, not to exceed $100.00 for each violation thereof. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 80, eff. April 9, 1974.)
§ 2032. Referendum
The right of a legislative branch of a municipality to make such regulations shall not take effect until they have been approved and accepted by a majority of the voters of the municipality attending a duly warned regular or special meeting called for that purpose, nor shall such regulations take effect until they are published once a week on the same day for two consecutive weeks in a newspaper published in such municipality or, in the absence thereof, in a newspaper circulating within the county.
- Subchapter 003: JUNKYARDS
§§ 2061-2066. Repealed. 1961, No. 261, § 17, eff. July 31, 1961.
§§ 2067-2081. Repealed. 1969, No. 98, § 2.
- Subchapter 004: RADIO-TELEVISION INTERFERENCE
§ 2091. Complaint
Upon complaint to the legislative body that some person, firm, or corporation, having authority to transact business in this State, is unreasonably and unnecessarily disturbing or interfering with the reception of radio or television waves used for radio or television transmission, the legislative body, after notice to such person, firm, or corporation, may investigate or cause to be investigated such complaint under such rules and regulations as the legislative body may prescribe as to service of such notice and as to the date of hearing thereon.
§ 2092. Investigation; notice
If, upon such investigation, the source and cause of such alleged disturbance or interference is determined, after due notice as provided in section 2091 of this title, the legislative body shall give due notice in writing to the person, firm, or corporation found by such legislative body to be responsible therefor to correct or eliminate the cause of such unnecessary or unreasonable disturbance or interference, within a reasonable time thereafter to be stated in such notice. Such notice may be sent to the person, firm, or corporation affected, by registered mail addressed to the residence or place of business in this State.
§ 2093. Penalty
Within the time fixed in the notice, a person who refuses and neglects to correct or eliminate the cause of the unreasonable disturbance, provided the same is reasonably subject to correction at a cost not to exceed $50.00, and who, after such time, knowingly, willfully, or maliciously continues unreasonably or unnecessarily to disturb the reception of such radio or television waves, shall be fined not more than $50.00. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 81, eff. April 9, 1974.)
- Subchapter 005: NUISANCES
§ 2121. Injunctions
The selectboard of a town in the name and behalf of such town or the town school district therein, as the case may be, and the trustees of an incorporated village, in the name and behalf of such village, may prefer complaint for relief by injunction for the abatement of public nuisances. The Superior Court shall have jurisdiction of such actions.
- Subchapter 006: CURFEW
§ 2151. Child welfare
A municipality may make regulations respecting children under 16 years of age who are allowed to loiter in the streets or other public places. Such regulations shall be conducive to their welfare and to the public good. Such municipality may fix a penalty of not more than $5.00 for each violation of such regulations to be recovered against the person having the custody of such child in a civil action on this statute.
- Subchapter 007: SALE OF PRODUCE
§ 2181. License not required
Owners and renters of land shall have the right to vend or sell all products of such land at wholesale or retail, in person or by agent, in towns without obtaining licenses therefor from such towns.
- Subchapter 008: RUBBISH AND GARBAGE
§ 2201. Throwing, depositing, burning, and dumping refuse; penalty; summons and complaint
(a)(1) Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit, or cause or permit to be thrown, dumped, or deposited any solid waste as defined in 10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing in or on lands or waters of the State outside a solid waste management facility certified by the Agency of Natural Resources.
(2) There shall be a rebuttable presumption that a person who is identifiable from an examination of illegally disposed solid waste is the person who violated a provision of this section.
(3) No person shall burn or cause to be burned in the open or incinerate in any container, furnace, or other device any solid waste without:
(A) first having obtained all necessary permits from the Agency of Natural Resources, the District Environmental Commission, and the municipality where the burning is to take place; and
(B) complying with all relevant State and local regulations and ordinances.
(b) Prosecution of violations. A person who violates a provision of this section commits a civil violation and shall be subject to a civil penalty of not more than $800.00.
(1) This violation shall be enforceable in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a municipal attorney, a solid waste management district attorney, an environmental enforcement officer employed by the Agency of Natural Resources, a designee of the legislative body of the municipality, or any duly authorized law enforcement officer.
(2) If the throwing, placing, or depositing was done from a snowmobile, vessel, or motor vehicle, except a motor bus, there shall be a rebuttable presumption that the throwing, placing, or depositing was done by the operator of the snowmobile, vessel, or motor vehicle.
(3) Nothing in this section shall be construed as affecting the operation of an automobile graveyard or salvage yard as defined in section 2241 of this title, nor shall anything in this section be construed as prohibiting the installation and use of appropriate receptacles for solid waste provided by the State or towns.
(c) Roadside cleanup. A person found in violation of this section may be assigned to spend up to 80 hours collecting trash or litter from a specified segment of roadside or from a specified area of public property.
(e) Revocation of hunting, fishing, or trapping license. The Commissioner of Fish and Wildlife shall revoke the privilege of a person found in violation of this section from holding a hunting, fishing, or trapping license for a period of one year from the date of the conviction, if the person fails to pay the penalty set forth in subsection (b) of this section. The Bureau shall immediately notify the Commissioner of Fish and Wildlife of the entry of judgment.
(g) Amendment of complaint. A person authorized to enforce this section may amend or dismiss a complaint issued by that person by marking the complaint and returning it to the Judicial Bureau. At the hearing, a person authorized to enforce this section may amend or dismiss a complaint issued by that person, subject to the approval of the hearing judge.
(i) Applicability. Enforcement actions taken under this section shall in no way preclude the Agency of Natural Resources, the Attorney General, or an appropriate State prosecutor from initiating other or further enforcement actions under the civil, administrative, or criminal enforcement provisions of 10 V.S.A. chapter 23, 47, 159, 201, or 211. To the extent that enforcement under this section is by an environmental enforcement officer employed by the Agency of Natural Resources, enforcement under this section shall preclude other enforcement by the Agency for the same offence.
(j) Definitions. As used in this section:
(1) "Motor vehicle" shall have the same meaning as in 23 V.S.A. § 4(21).
(2) "Snowmobile" shall have the same meaning as in 23 V.S.A. § 3801.
(3) "Vessel" means motor boats, boats, kayaks, canoes, sailboats, and all other types of watercraft.
(4) "Waters" shall have the same meaning as in 10 V.S.A. § 1251(13). (Amended 1961, No. 164, eff. June 14, 1961; 1965, No. 62, eff. May 19, 1965; 1967, No. 90, § 1, eff. July 1, 1969; 1969, No. 287 (Adj. Sess.), § 1, eff. Sept. 1, 1970; 1971, No. 245 (Adj. Sess.), §§ 1, 2, eff. April 6, 1972; 1989, No. 286 (Adj. Sess.), § 4; 1999, No. 63, § 3; 1999, No. 160 (Adj. Sess.), § 29; 2005, No. 23, § 1; 2009, No. 56, § 3; 2013, No. 117 (Adj. Sess.), § 1; 2017, No. 93 (Adj. Sess.), § 22; 2017, No. 130 (Adj. Sess.), § 15.)
§ 2201a. Depositing household and commercial trash in roadside and park litter barrels
(a) A person shall not use trash containers which are provided for travel trash at State parks, public picnic and rest areas, and roadside turnouts as dumping places for household garbage, household trash, farm waste, or commercial waste materials or deposit such garbage, trash, or waste material on or near any spot commonly used for picnic purposes.
(b) A person who violates a provision of this section shall be fined not more than $200.00 or may work a total of not more than 40 hours collecting trash or litter from roadsides or other public property under such supervision as the court may direct. (Added 1983, No. 210 (Adj. Sess.).)
§ 2202. Repealed. 1977, No. 106, § 4.
§ 2202a. Municipalities-Responsibilities for solid waste
(a) Municipalities are responsible for the management and regulation of the storage, collection, processing, and disposal of solid wastes within their jurisdiction in conformance with the State Solid Waste Management Plan authorized under 10 V.S.A. chapter 159. Municipalities may issue exclusive local franchises and may make, amend, or repeal rules necessary to manage the storage, collection, processing, and disposal of solid waste materials within their limits and impose penalties for violations thereof, provided that the rules are consistent with the State Plan and rules adopted by the Secretary of Natural Resources under 10 V.S.A. chapter 159. A fine may not exceed $1,000.00 for each violation. This section shall not be construed to permit the existence of a nuisance.
(b) Municipalities may satisfy the requirements of the State Solid Waste Management Plan and the rules of the Secretary of Natural Resources through agreement between any other unit of government or any operator having a permit from the Secretary, as the case may be.
(c)(1) On or before July 1, 1988, each municipality, as defined in subdivision 4303(12) of this title, shall join or participate in a solid waste management district organized pursuant to chapter 121 of this title on or before January 1, 1988 or participate in a regional planning commission's planning effort for purposes of solid waste implementation planning, as implementation planning is defined in 10 V.S.A. § 6602.
(2) On or before July 1, 1990, each regional planning commission shall work on a cooperative basis with municipalities within the region to prepare a solid waste implementation plan for adoption by all of the municipalities within the region that are not members of a solid waste district, that conforms to the State Waste Management Plan and describes in detail how the region will achieve the priorities established by 10 V.S.A. § 6604(a)(1). A solid waste implementation plan adopted by a municipality that is not a member of a district shall not in any way require the approval of a district. On or before July 1, 1990, each solid waste district shall adopt a solid waste implementation plan that conforms to the State Waste Management Plan, describes in detail how the district will achieve the priorities established by 10 V.S.A. § 6604(a), and is in conformance with any regional plan adopted pursuant to chapter 117 of this title. Municipalities or solid waste management districts that have contracts in existence as of January 1, 1987, which contracts are inconsistent with the State Solid Waste Plan and the priorities established in 10 V.S.A. § 6604(a), shall not be required to breach those contracts, provided they make good faith efforts to renegotiate those contracts in order to comply. The Secretary may extend the deadline for completion of a plan upon finding that despite good faith efforts to comply, a regional planning commission or solid waste management district has been unable to comply, due to delays in completion of a landfill evaluation under 10 V.S.A. § 6605a.
(3) A municipality that does not join or participate as provided in this subsection shall not be eligible for State funds to plan and construct solid waste facilities, nor can it use facilities certified for use by the region or by the solid waste management district.
(4) A regional plan or a solid waste implementation plan shall include a component for the management of nonregulated hazardous wastes.
(A) At the outset of the planning process for the management of nonregulated hazardous wastes and throughout the process, solid waste management districts or regional planning commissions, with respect to areas not served by solid waste management districts, shall solicit the participation of owners of solid waste management facilities that receive mixed solid wastes, local citizens, businesses, and organizations by holding informal working sessions that suit the needs of local people. At a minimum, an advisory committee composed of citizens and business persons shall be established to provide guidance on both the development and implementation of the nonregulated hazardous waste management plan component.
(B) The regional planning commission or solid waste management district shall hold at least two public hearings within the region or district after public notice on the proposed plan component or amendment.
(C) The plan component shall be based upon the following priorities, in descending order:
(i) the elimination or reduction, whenever feasible, in the use of hazardous, particularly toxic, substances;
(ii) reduction in the generation of hazardous waste;
(iii) proper management of household and exempt small quantity generator hazardous waste; and
(iv) reduction in the toxicity of the solid waste stream, to the maximum extent feasible in accordance with the priorities of 10 V.S.A. § 6604(a)(1).
(D) At a minimum, this plan component shall include the following:
(i) an analysis of preferred management strategies that identifies advantages and disadvantages of each option;
(ii) an ongoing educational program for schools and households, promoting the priorities of this subsection;
(iii) an educational and technical assistance program for exempt small quantity generators that provides information on the following: use and waste reduction; preferred management strategies for specific waste streams; and collection, management, and disposal options currently or potentially available;
(iv) a management program for household hazardous waste;
(v) a priority management program for unregulated hazardous waste streams that present the greatest risks;
(vi) a waste diversion program element that is coordinated with any owners of solid waste management facilities and is designed to remove unregulated hazardous waste from the waste stream entering solid waste facilities and otherwise to properly manage unregulated hazardous waste; and
(vii) a waste management system established for all the waste streams banned from landfills under 10 V.S.A. § 6621a.
(E) For the purposes of this subsection, nonregulated hazardous wastes include hazardous wastes generated by households and exempt small quantity generators as defined in the hazardous waste management regulations adopted under 10 V.S.A. chapter 159.
(d) By no later than July 1, 2015, a municipality shall implement a variable rate pricing system that charges for the collection of municipal solid waste from a residential customer for disposal based on the volume or weight of the waste collected.
(e) The education and outreach requirements of this section need not be met through direct mailings, but may be met through other methods such as television and radio advertising; use of the Internet, social media, or electronic mail; or the publication of informational pamphlets or materials. (Added 1977, No. 106, § 3; amended 1987, No. 76, § 18; 1987, No. 78, § 3; 1989, No. 281 (Adj. Sess.), § 6, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 286 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 100, § 12; 1993, No. 81, § 5; 2011, No. 148 (Adj. Sess.), § 11; 2017, No. 74, § 96.)
§ 2203. Repealed. 1977, No. 106, § 4.
§ 2203a. Municipal disposal
Each town and city shall provide for the operation and maintenance of any of the following: sanitary landfills, incinerators, recycling centers, intermediate processing facilities, composting plants, or resource recovery facilities or a combination thereof as the exclusive means for disposal of solid waste, as defined in 10 V.S.A. § 6602, subject to the rules and guidelines promulgated by the Secretary of the Agency of Natural Resources. (Added 1977, No. 106, § 3; amended 1985, No. 231 (Adj. Sess.), § 1; 1987, No. 76, § 18.)
§ 2203b. Recycling centers
(a) Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may establish requirements for the management of such a center or facility.
(c) For the purposes of Titles 10, 24, and 32, recycling means the process of utilizing waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products.
(d) The provisions of this section shall not apply to hazardous waste. (Added 1985, No. 231 (Adj. Sess.), § 2; 1999, No. 63, § 6.)
§ 2204. Repealed. 1979, No. 47, § 1(1), eff. April 25, 1979.
§ 2205. Repealed. 1979, No. 47, § 1(2), eff. April 25, 1979.
§ 2206. Recycling centers
(a) The Secretary of Natural Resources shall develop a State plan for the establishment and operation of solid waste recycling centers sufficient to meet the need for solid waste recycling throughout the State. In developing a State plan, the Secretary may establish pilot or demonstration projects for the purpose of determining equitable regions or methods for solid waste recycling. Pursuant to such plan, the Secretary shall establish and operate or contract for the establishment and operation of a solid waste recycling center within each town, or within each administrative district created pursuant to 3 V.S.A. § 4001, or within such other regions as he or she deems reasonable to efficiently utilize solid waste recycling facilities at locations determined by him or her with the approval of the legislative body of the town in which the facility is to be located. Each recycling center shall be used for the storage, processing, and sale or disposal of solid waste. The Secretary may purchase, lease, or rent land or designate land owned by the State or any agency or department thereof for use as recycling centers.
(b) The Secretary is authorized to contract in the name of the State for the service of independent contractors under bond or with an agency or department of the State or a town to operate the recycling centers or to collect solid waste and deliver it to a recycling center.
(c) The Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement the provisions of this section.
(d) [Omitted.] (Added 1971, No. 252 (Adj. Sess.), § 2; amended 2015, No. 23, § 124.)
- Subchapter 009: TRAILER PARKS
§§ 2231-2233. Repealed. 2007, No. 120 (Adj. Sess.), § 1(a).
- Subchapter 010: SALVAGE YARDS
§ 2241. Definitions
For the purposes of this subchapter:
(1) "Abandoned" means a motor vehicle as defined in 23 V.S.A. § 2151.
(2) "Board" means the State Transportation Board or its duly delegated representative.
(3) "Highway" means any highway as defined in 19 V.S.A. § 1.
(4) "Interstate or primary highway" means any highway, including access roads, ramps, and connecting links, which have been designated by the State with the approval of the Federal Highway Administration, Department of Transportation, as part of the National System of Interstate and Defense Highways, or as a part of the National System of Primary Highways.
(5) "Junk" means old or scrap copper, brass, iron, steel, and other old or scrap or nonferrous material, including rope, rags, batteries, glass, rubber debris, waste, trash, or any discarded, dismantled, wrecked, scrapped, or ruined motor vehicles or parts thereof.
(6) "Junk motor vehicle" means a discarded, dismantled, wrecked, scrapped, or ruined motor vehicle or parts thereof, or a motor vehicle, other than an on-premise utility vehicle, which is allowed to remain unregistered or uninspected for a period of 90 days from the date of discovery.
(7) "Salvage yard" means any place of outdoor storage or deposit for storing, keeping, processing, buying, or selling junk or as a scrap metal processing facility. "Salvage yard" also means any outdoor area used for operation of an automobile graveyard. It does not mean a garage where wrecked or disabled motor vehicles are stored for less than 90 days for inspection or repairs.
(8) "Legislative body" means the city council of a city, the selectboard of a town, or the board of trustees of a village.
(9) "Main traveled way" means the portion of a highway designed for the movement of motor vehicles, shoulders, auxiliary lanes, and roadside picnic, parking, rest, and observation areas and other areas immediately adjacent and contiguous to the traveled portion of the highway and designated by the Transportation Board as a roadside area for the use of highway users and generally but not necessarily located within the highway right-of-way.
(10) "Motor vehicle" means any vehicle propelled or drawn by power other than muscular power, including trailers.
(11) "Notice" means by certified mail with return receipt requested.
(12) "Scrap metal processing facility" means a manufacturing business which purchases sundry types of scrap metal from various sources including the following: industrial plants, fabricators, manufacturing companies, railroads, junkyards, auto wreckers, salvage dealers, building wreckers, and plant dismantlers and sells the scrap metal in wholesale shipments directly to foundries, ductile foundries, and steel foundries where the scrap metal is melted down and utilized in their manufacturing process.
(13) "Secretary" means the Secretary of Natural Resources or the Secretary's designee.
(14) "Automobile hobbyist" means a person who is not primarily engaged in the business of:
(A) selling motor vehicles or motor vehicle parts; or
(B) accepting, storing, or dismantling junk motor vehicles.
(15) "Automobile graveyard" means a yard, field, or other outdoor area on a property owned or controlled by a person and used or maintained for storing or depositing four or more junk motor vehicles. "Automobile graveyard" does not include:
(A) an area used by an automobile hobbyist to store, organize, restore, or display motor vehicles or parts of such vehicles, provided that the hobbyist's activities comply with all applicable federal, State, and municipal law;
(B) an area used for the storage of motor vehicles exempt from registration under 23 V.S.A. chapter 7;
(C) an area owned or used by a dealer registered under 23 V.S.A. § 453 for the storage of motor vehicles; or
(D) an area used or maintained for the parking or storage of operational commercial motor vehicles, as that term is defined in 23 V.S.A. § 4103(4), that are temporarily out of service and unregistered but are expected to be used in the future by the vehicle operator or owner. (Added 1969, No. 98, § 1; amended 1971, No. 36, § 1, eff. April 1, 1971; 1973, No. 164 (Adj. Sess.), § 2, eff. July 1, 1974; 1983, No. 185 (Adj. Sess.), § 1; 2003, No. 101 (Adj. Sess.), § 2; 2009, No. 56, § 4; 2009, No. 93 (Adj. Sess.), § 2; 2013, No. 161 (Adj. Sess.), § 72.)
§ 2242. Requirement for operation or maintenance
(a) A person shall not operate, establish, or maintain a salvage yard unless he or she:
(1) holds a certificate of approval for the location of the salvage yard; and
(2) holds a certificate of registration issued by the Secretary to operate, establish, or maintain a salvage yard.
(b) The issuance of a certificate of registration under subsection (a) of this section shall not relieve a salvage yard from the obligation to comply with existing State and federal environmental laws and to obtain all permits required under State or federal environmental law.
(c) The Secretary may require a person to obtain a salvage yard certificate of registration under this section upon a determination, based on available information, that the person has taken action to circumvent the requirements of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 2; 2009, No. 56, § 5; 2009, No. 93 (Adj. Sess.), § 3.)
§ 2243. Administration; duties and authority
The Agency of Transportation and the Secretary of Natural Resources are designated as responsible for carrying out the provisions of this subchapter and shall have the following additional responsibilities and powers:
(1) The Agency of Transportation or the Secretary of Natural Resources may make such reasonable rules as it, he, or she deems necessary, provided such rules do not conflict with any federal laws, rules, and regulations, or the provisions of this subchapter.
(2) The Agency of Transportation shall enter into agreements with the U.S. Secretary of Transportation or his or her representatives in order to designate those areas of the State that are properly zoned or used for industrial activities, and to arrange for federal cost participation.
(3) The Secretary shall adopt and enforce requirements for adequate fencing and screening of salvage yards.
(4) The Agency of Transportation may seek an injunction against a salvage yard that is in violation of the relevant provisions of this subchapter. The Secretary may enforce the relevant provisions of this chapter under 10 V.S.A. chapter 201.
(5) The Agency of Transportation or the Secretary may issue necessary orders, findings, and directives, and do all other things reasonably necessary and proper to carry out the purpose of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 3; 1993, No. 172 (Adj. Sess.), § 31; 2009, No. 56, § 6; 2017, No. 74, § 97.)
§ 2244. Repealed. 1993, No. 172 (Adj. Sess.), § 67(5).
§ 2245. Incinerators, sanitary landfills, etc., excepted
The provisions of this subchapter shall not be construed to apply to solid waste management facilities regulated under 10 V.S.A. chapter 159. (Added 1969, No. 98, § 1; amended 1971, No. 36, § 2, eff. April 1, 1971; 2009, No. 56, § 7.)
§ 2246. Effect of local ordinances
This subchapter shall not be construed to be in derogation of zoning ordinances or ordinances for the control of salvage yards now or hereafter established within the proper exercise of the police power granted to municipalities, if those ordinances impose stricter limitations upon salvage yards. If the limitations imposed by this subchapter are stricter, this subchapter shall control. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 8.)
§ 2247. Salvage yard certificate of registration
The provisions of this subchapter shall not be construed to repeal or abrogate any other provisions of law authorizing or requiring a certificate of registration to own, establish, operate, or maintain a salvage yard, but no certificate of registration shall be issued in contravention of this subchapter, or continue in force after the date on which the salvage yard for which it is issued becomes illegal under this subchapter regardless of the term for which the certificate of registration is initially issued if the salvage yard is not satisfactorily screened. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 9.)
§ 2248. Salvage yard operational standards
(b) On or before March 31, 2011, the Secretary shall adopt by rule requirements for the siting, operation, and closure of salvage yards. The rules shall establish requirements for:
(1) The siting of salvage yards, including setbacks from surface waters, wetlands, and potable water supplies. Siting requirements under this subdivision may include site-specific conditions for salvage yards operating under a valid certificate of registration under section 2242 of this title, provided that such site-specific conditions are designed to prevent releases to groundwater, discharges to surface waters, or other risks to public health and the environment. A site-specific condition under this subdivision may include the requirement that the owner or operator of a salvage yard obtain an individual certificate of registration under section 2242 of this title instead of operating under a general permit adopted by the Secretary under subsection (c) of this section.
(2) Exemptions from the requirement to obtain a certificate of registration under section 2242 of this title.
(3) When an instrument of financial responsibility may be required by the Secretary in amounts necessary to:
(A) remediate potential or existing environmental contamination caused by the salvage yard; or
(B) assure proper management of salvage materials upon closure of the salvage yard.
(4) Removal of solid waste or tires from the salvage yard for proper disposal.
(5) Establishment and maintenance of screening or fencing of salvage yards from public view.
(6) Assuring proper closure of a salvage yard facility.
(7) Postclosure environmental monitoring of a salvage yard.
(8) Classes or categories of salvage yards, including those handling total loss vehicles from insurance.
(9) Additional measures that the Secretary determines necessary for the protection of public health, safety, and the environment.
(c)(1) The Secretary may issue a general permit for a certificate of registration issued to salvage yards under section 2242 of this title. The general permit may include a provision allowing a holder of a valid certificate of registration issued under this subchapter to self-certify compliance with the applicable standards of this subchapter and rules adopted under this subchapter. A general permit issued under this section shall be adopted by rule and may be incorporated into the rule required under subsection (b) of this section.
(2) If the Secretary adopts a general permit for the regulation of salvage yards under subdivision (1) of this subsection, the Secretary may require an owner or operator of a salvage yard that is operating under the general permit or that is applying for coverage under the general permit to obtain an individual certificate of registration under section 2242 of this title if any one of the following applies:
(A) the salvage yard does not qualify for the general permit;
(B) a salvage yard operating under the general permit is in violation of the terms and conditions of the general permit;
(C) the size, scope, or nature of the activity of the salvage yard exceeds the parameters of the general permit;
(D) the owner or operator of the salvage yard has a history of noncompliance; or
(E) the salvage yard presents a potential risk to public health or the environment.
(d) No person may deliver salvage vehicles to or operate a mobile salvage vehicle crusher at a salvage yard that does not hold a certificate of registration under this subchapter. A salvage yard holding a certificate of registration under this subchapter shall post a copy of its current certificate in a clearly visible location in the proximity of each entrance to the salvage yard.
(e) The requirement under subdivision (a)(2) of this section or rules adopted under this section to drain a vehicle within 365 days of receipt shall not apply to a salvage yard holding a certificate of registration under this subchapter that, as of January 1, 2010, is conducting business, the primary activity of which is the handling of total loss vehicles from insurance companies. (Added 2009, No. 93 (Adj. Sess.), § 1; amended 2011, No. 36, § 5, eff. May 19, 2011.)
§ 2249. Salvage yard operator training
At least annually, the owner or operator of a salvage yard shall attend a training workshop conducted by or approved by the Agency of Natural Resources regarding the requirements of this subchapter, best management practices, existing and proposed environmental standards, and other applicable federal, State, or municipal requirements. (Added 2009, No. 93 (Adj. Sess.), § 1.)
§ 2251. Application for certificate of approved location
Application for a certificate of approved location shall be made in writing to the legislative body of the municipality where the salvage yard is located or where it is proposed to be located, and, in municipalities having a zoning bylaw, subdivision regulations established under sections 4301-4498 of this title, or a municipal ordinance or rule established under sections 1971-1984 of this title, the application shall be accompanied by a certificate from the legislative body or a public body designated by the legislative body. The legislative body or its designee shall find the proposed salvage yard location is not within an established district restricted against such uses or otherwise contrary to the requirements or prohibitions of such zoning bylaw or other municipal ordinance. The application shall contain a description of the land to be included within the salvage yard, which description shall be by reference to so-called permanent boundary markers. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 3; 2009, No. 56, § 10.)
§ 2252. Time of hearing
A hearing on the application shall be held within the municipality not less than two or more than four weeks from the date of the receipt of the application by the legislative body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than seven days before the date of the hearing. (Added 1969, No. 98, § 1.)
§ 2253. Location requirements
(a) At the time and place set for hearing, the legislative body shall hear the applicant, the owners of land abutting the facility, and all other persons wishing to be heard on the application for certificate of approval for the location of the salvage yard. The legislative body shall consider the following in determining whether to grant or deny the certificate:
(1) proof of legal ownership or the right to such use of the property by the applicant;
(2) the nature and development of surrounding property, such as the proximity of highways and State and town roads and the feasibility of screening the proposed salvage yard from such highways and State and town roads; the proximity of places of worship; schools; hospitals; existing, planned, or zoned residential areas; public buildings; or other places of public gathering; and
(3) whether or not the proposed location can be reasonably protected from affecting the public health, safety, environment, or from a nuisance condition.
(b)(1) A person shall not establish, operate, or maintain a salvage yard which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway systems and visible from the main traveled way thereof at any season of the year.
(2) On or after July 1, 2009, no person shall establish or initiate operation of a new salvage yard within 100 feet of the nearest edge of the right-of-way of a State or town road or within 100 feet of a navigable water, as that term is defined in 10 V.S.A. § 1422.
(c) Notwithstanding subsection (b) of this section, salvage yards and scrap metal processing facilities may be operated within 1,000 feet of the nearest edge of the right-of-way of the interstate and primary highway system or within 100 feet of the nearest edge of the right-of-way of a State or town road, provided that the area in which the salvage yard is located is zoned industrial under authority of State law, or if not zoned industrial under authority of State law, is used for industrial activities as determined by the Board with the approval of the U.S. Secretary of Transportation. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 4; 2009, No. 56, § 11.)
§ 2254. Aesthetic, environmental, and community welfare considerations
At the hearing regarding location of the salvage yard, the legislative body may also take into account the clean, wholesome, and attractive environment which has been declared to be of vital importance to the continued stability and development of the tourist and recreational industry of the State and the general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this regard the legislative body may consider collectively the type of road servicing the salvage yard or from which the salvage yard may be seen, the natural or artificial barriers protecting the salvage yard from view, the proximity of the proposed salvage yard to established tourist and recreational areas or main access routes, thereto, proximity to neighboring residences, groundwater resources, surface waters, wetlands, drinking water supplies, consistency with an adopted town plan, as well as the reasonable availability of other suitable sites for the salvage yard. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 12.)
§ 2255. Grant or denial of application; appeal
(a) After the hearing the legislative body shall, within 30 days, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application.
(b) If approved, the certificate of approved location shall be issued for a period not to exceed five years and shall contain at a minimum the following conditions:
(1) conditions requiring compliance with the screening and fencing requirements of section 2257 of this title;
(2) approval shall be personal to the applicant and not assignable;
(3) conditions that the legislative body deems appropriate to ensure that considerations of section 2254 of this title have been met;
(4) any other condition that the legislative body deems appropriate to ensure the protection of public health, the environment, or safety or to ensure protection from nuisance conditions; and
(5) a condition requiring a salvage yard established or initiated prior to July 1, 2009 to be setback 100-feet from the nearest edge of a right-of-way of a State or town road or from a navigable water as that term is defined in 10 V.S.A. § 1422, provided that if a salvage yard cannot demonstrate during the application process that it meets the 100-foot setback requirement of this subdivision, a municipality may regulate the salvage yard as a nonconforming use, nonconforming structure, or nonconforming lot under a municipal nonconformity bylaw adopted under section 4412 of this title, provided that no enlargement or further encroachment within a setback required under this subdivision shall be allowed.
(c) Certificates of approval shall be renewed thereafter for successive periods of not more than five years upon payment of the renewal fee without hearing, provided all provisions of this subchapter are complied with during the preceding period, and the salvage yard does not become a public nuisance under the common law.
(d) Any person may appeal the issuance or denial of a certificate of approved location to the Environmental Division within 30 days of the decision. No costs shall be taxed against either party upon such appeal. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 5; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 56, § 13; 2009, No. 154 (Adj. Sess.), § 236.)
§ 2256. Certificate fees
The initial or renewal application fee is $25.00 to be paid at the time application is made. If the application is not granted, the fee shall be returned to the applicant. A municipality, in addition to the application fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the certificate of approval conditional upon payment of same. (Added 1969, No. 98, § 1.)
§ 2257. Screening requirements; fencing
(a) A salvage yard shall be screened by a fence or vegetation which effectively screens it from public view and which complies with the rules of the Secretary relative to the screening and fencing of salvage yards, and shall have a gate which shall be closed after business hours.
(b) Fences and artificial means used for screening purposes as hereafter provided shall be maintained neatly and in good repair. They shall not be used for advertising signs or other displays which are visible from the main traveled way of a highway or State or town road.
(c) All junk stored or deposited in a salvage yard shall be kept within the enclosure, except while being transported to or from the salvage yard. All wrecking or other work on the junk shall be accomplished within the enclosure.
(d) Where the topography, natural growth of timber, or other natural barrier screens the salvage yard from view in part, the legislative body shall upon granting the certificate of approved location require the applicant to screen only those parts of the salvage yard not screened. A legislative body may inspect a salvage yard in order to determine compliance with the requirements of this chapter and a certificate of approved location issued under this chapter. A municipality may request that the Secretary initiate an enforcement action against a salvage yard for violation of the requirements of this subchapter or statute or regulation within the authority of the Secretary. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 32; 2009, No. 56, § 14.)
§ 2261. Application
Application for a certificate of registration for a salvage yard shall be made in writing to the Secretary upon a form prescribed by the Secretary. (Added 1969, No. 98, § 1; amended 1993, No. 172 (Adj. Sess.), § 33; 2009, No. 56, § 15.)
§ 2262. Eligibility
The Secretary shall issue a certificate of registration upon finding:
(1) The applicant is able to comply with the provisions of this subchapter.
(2) The applicant has filed a currently valid certificate of approval of location with the Secretary.
(3) The applicant has complied with any rules of the Secretary issued under section 2243 of this title and with screening or fencing requirements that, under limitations of the surrounding terrain, are capable of feasibly and effectively screening the salvage yard from view of the main traveled way of all highways. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 6; 1973, No. 185 (Adj. Sess.), § 5; 1993, No. 172 (Adj. Sess.), § 34; 2009, No. 56, § 16; 2017, No. 74, § 98.)
§ 2263. Repealed. 2009, No. 134 (Adj. Sess.), § 32(c).
§ 2264. Repealed. 2009, No. 56, § 17.
§ 2271. Unauthorized disposal of vehicles
No one may place, discard, or abandon a junk motor vehicle in a place where it is visible from the main traveled way of a highway nor may anyone abandon or discard any motor vehicle upon the land of another with or without the consent of the land owner. Motor vehicles so placed, discarded, or abandoned are hereby declared to be a public nuisance. (Added 1969, No. 98, § 1.)
§ 2272. Removal of junk motor vehicles
(a) A junk motor vehicle discovered in violation of section 2271 of this title shall be removed from view of the main traveled way of the highway by the owner of the land upon which it is discovered, upon receiving written notice from the Agency of Transportation to do so, if such owner holds title to the motor vehicle.
(b) If the owner of the land upon which a junk motor vehicle is discovered in violation of section 2271 of this title does not hold or disclaims title and the true owner of the motor vehicle is known or can be ascertained, the motor vehicle owner shall dispose of such motor vehicle in such a manner that it is no longer visible from the main traveled way of the highway upon receiving written notice from the Agency of Transportation to do so.
(c) The owner of land upon which a motor vehicle is left in violation of this section or section 2271 of this title may, without incurring any civil liability or criminal penalty to the owner or lienholders of such vehicle, cause the vehicle to be removed from the place where it is discovered to any other place on any property owned by him or her, or from the property, in accordance with 23 V.S.A. § 2152. The provisions of 23 V.S.A. chapter 21, subchapter 7 (abandoned motor vehicles) shall govern the identification, reclamation, and disposal of such vehicles.
(d) [Repealed.] (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 8; 1981, No. 87, § 4; 1983, No. 185 (Adj. Sess.), § 7; 1989, No. 39; 2003, No. 101 (Adj. Sess.), § 3; 2015, No. 50, § 24.)
§ 2273. Agency of Transportation; duties; general authority
The Agency of Transportation is authorized to contract in the name of the State for the service of independent contractors under bond to carry on at the contractor's expense junk car collection and disposal operations. The Agency shall maintain a continuing inventory of junk cars for disposal, select areas appropriate for collection, storage, and disposal of junk motor vehicles, and have general authority to contract and do all things reasonably necessary to carry out the purposes of this subchapter. Notwithstanding any other provision of this subchapter, the Agency may petition the Superior Court of the county in which a junk motor vehicle is discovered in violation of section 2271 of this title for an order directing the owner to remove the motor vehicle from view of the main traveled way of the highway. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 8; 1993, No. 172 (Adj. Sess.), § 35.)
§ 2274. Construction with other statutes
In the event the provisions of this subchapter conflict with any other law relating to abandoned or unclaimed property, this subchapter controls, and its provisions shall not be construed to repeal or abrogate any other provisions of law relating to junkyards but to be in aid thereof or as an alternative. (Added 1969, No. 98, § 1.)
§ 2281. Injunctive relief; other remedies
(a) In addition to the penalty in section 2282 of this title, the legislative body may seek a temporary restraining order, preliminary injunction, or permanent injunction against the establishment, operation, or maintenance of a salvage yard which is in violation of the relevant municipal requirements of this subchapter and may obtain compliance with the relevant municipal requirements of this subchapter and the terms of a certificate of approved location issued under this subchapter by complaint to the Environmental Division for the county in which the salvage yard is located.
(b) In addition to the penalty in section 2282 of this title, the Agency of Transportation may seek appropriate injunctive relief in the Superior Court to enforce the provisions of this subchapter within its regulatory authority. (Added 1969, No. 98, § 1; amended 1993, No. 172 (Adj. Sess.), § 36; 2009, No. 56, § 18; 2009, No. 154 (Adj. Sess.), § 236.)
§ 2282. Penalty
A person who violates this subchapter shall be fined not less than $5.00 nor more than $50.00 for each day of the violation. (Added 1969, No. 98, § 1.)
§ 2283. Appeals
After exhausting the right of administrative appeal to the Board under 19 V.S.A. § 5(d)(5), a person aggrieved by any order, act, or decision of the Agency of Transportation may appeal to the Superior Court, and all proceedings shall be de novo. Any person, including the Agency of Transportation, may appeal to the Supreme Court from a judgment or ruling of the Superior Court. Appeals of acts or decisions of the Secretary of Natural Resources or a legislative body of a municipality under this subchapter shall be appealed to the Environmental Division under 10 V.S.A. § 8503. (Added 1969, No. 98, § 1; amended 1971, No. 185 (Adj. Sess.), § 199, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 37; 2009, No. 56, § 19; 2009, No. 154 (Adj. Sess.), § 236.)
- Subchapter 011: MISCELLANEOUS REGULATORY POWERS
§ 2291. Enumeration of powers
For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:
(1) To set off portions of public highways of the municipality for sidewalks and bicycle paths and to regulate their use.
(2) To provide for the removal of snow and ice from sidewalks by the owner, occupant, or person having charge of abutting property.
(3) To provide for the location, protection, maintenance, and removal of trees, plants, and shrubs and buildings or other structures on or above public highways, sidewalks, or other property of the municipality.
(4) To regulate the operation and use of vehicles of every kind including the power: to erect traffic signs and signals; to regulate the speed of vehicles subject to 23 V.S.A. chapter 13, subchapter 12; to regulate or exclude the parking of all vehicles; and to provide for waiver of the right of appearance and arraignment in court by persons charged with parking violations by payment of specified fines within a stated period of time.
(5) To establish rules for pedestrian traffic on public highways and to establish crosswalks.
(6) To regulate the location, installation, maintenance, repair, and removal of utility poles, wires and conduits, water pipes or mains, or gas mains and sewers, upon, under, or above public highways or public property of the municipality.
(7) To regulate or prohibit the erection, size, structure, contents, and location of signs, posters, or displays on or above any public highway, sidewalk, lane, or alleyway of the municipality and to regulate the use, size, structure, contents, and location of signs on private buildings or structures.
(8) To regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in 10 V.S.A. § 5227.
(9) To license or regulate itinerant vendors, peddlers, door-to-door salesmen, and those selling goods, wares, merchandise, or services who engage in a transient or temporary business, or who sell from an automobile, truck, wagon, or other conveyance, excepting persons selling fruits, vegetables, or other farm produce.
(10) To regulate the keeping of dogs, and to provide for their licensing, leashing, muzzling, restraint, impoundment, and destruction.
(11) To regulate, license, tax, or prohibit circuses, carnivals, and menageries and all plays, concerts, entertainments, or exhibitions of any kind for which money is received.
(12) To regulate or prohibit the storage or dumping of solid waste, as defined in 10 V.S.A. § 6602. These regulations may require the separation of specified components of the waste stream.
(13) To compel the cleaning or repair of any premises that in the judgment of the legislative body is dangerous to the health or safety of the public.
(14) To define what constitutes a public nuisance, and to provide procedures and take action for its abatement or removal as the public health, safety, or welfare may require.
(15) To provide for penalties for violation of any ordinance or rule adopted under the authority of this section.
(16) To name and rename streets and to number and renumber lots pursuant to section 4463 of this title, and to require the owner of a house or other building to which a number has been assigned to affix the number, including the assigned 911 address, to the structure, sign, or number post so that it is clearly visible from the road.
(17) To regulate or prohibit possession of open or unsealed containers of alcoholic beverages in public places.
(18) To regulate or prohibit consumption of alcoholic beverages in public places.
(19) To regulate the construction, alteration, development, and decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements where the city, town, or village has not adopted zoning or where those activities are not regulated pursuant to a duly adopted zoning bylaw. Regulations regarding the decommissioning or dismantling of telecommunications facilities and ancillary structures may include requirements that bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities. These regulations are not intended to prohibit seamless coverage of wireless telecommunications services. With respect to the construction or alteration of wireless telecommunications facilities subject to regulation granted in this section, the town, city, or incorporated village shall vest in its local regulatory authority the power to determine whether the installation of a wireless telecommunications facility, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development, and if the local regulatory authority, originally or on appeal, determines that the facility will impose no impact or a de minimis impact, it shall issue a permit. No ordinance authorized by this section, except to the extent structured to protect historic landmarks and structures listed on the State or National Register of Historic Places, may have the purpose or effect of limiting or prohibiting a property owner's ability to place or allow placement of antennae used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the aggregate area of the largest faces of the antennae is not more than eight square feet, and if the antennae and the mast to which they are attached do not extend more than 12 feet above the roof of that portion of the building to which they are attached.
(20) To establish a conflict-of-interest policy to apply to all elected and appointed officials of the town, city, or incorporated village or ethical conduct policies to apply to all elected and appointed officials and employees of the municipality, or both.
(21) To regulate, by means of a civil ordinance adopted pursuant to chapter 59 of this title, subject to the limitations of 13 V.S.A. § 351b and the requirement of 13 V.S.A. § 354(a), and consistent with the rules adopted by the Secretary of Agriculture, Food and Markets, pursuant to 13 V.S.A. § 352b(a), the welfare of animals in the municipality. Such ordinance may be enforced by humane officers as defined in 13 V.S.A. § 351, if authorized to do so by the municipality.
(22) To regulate the sale and conveyance of sewage capacity to users, including phasing provisions and other conditions based on the impact of residential, commercial, or industrial growth within a town, in accord with principles in a duly adopted town plan.
(23) Acting individually or in concert with other towns, cities, or incorporated villages and pursuant to chapter 87, subchapter 2 of this title, to incur indebtedness for or otherwise finance by any means permitted under chapter 53 of this title projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17), or to eligible energy efficiency projects undertaken by owners of real property within the boundaries of the town, city, or incorporated village. Energy efficiency projects shall be those that are eligible under section 3267 of this title.
(24) Upon the determination by a municipal building inspector, health officer, or fire marshal that a building within the boundaries of the town, city, or incorporated village is uninhabitable, to recover all expenses incident to the maintenance of the uninhabitable building with the expenses to constitute a lien on the property in the same manner and to the same extent as taxes assessed on the grand list, and all procedures and remedies for the collection of taxes shall apply to the collection of those expenses; provided, however, that the town, city, or incorporated village has adopted rules to determine the habitability of a building, including provisions for notice in accordance with 32 V.S.A. § 5252(3) to the building's owner prior to incurring expenses and including provisions for an administrative appeals process.
(25) To regulate by means of an ordinance or bylaw development in a flood hazard area, river corridor protection area, or other hazard area consistent with the requirements of section 4424 of this title and the National Flood Insurance Program. Such an ordinance or bylaw may regulate accessory dwelling units in flood hazard and fluvial erosion areas. However, such an ordinance or bylaw shall not require the filing of an application or the issuance of a permit or other approval by the municipality for a planting project considered to have a permit by operation of subsection 4424(c) of this title.
(26) To regulate parking lots and parking meters on public property or public highways of the municipality, including the power to set parking fees and use parking revenues for any municipal purpose. Projects relating to parking lots and parking meters under this subdivision shall constitute an improvement under chapter 53 of this title, and a municipality shall have the right of eminent domain to condemn land necessary for such projects subject to the restrictions set forth in section 2805 of this title and 18 V.S.A. § 5318.
(27) When a disaster or emergency has been declared by the Governor, a municipal building inspector, health officer, fire marshal, or zoning administrator may declare condemned to be destroyed a property that has been damaged in the disaster or emergency and is dangerous to life, health, or safety due to the disaster-related damage. The local legislative body may require that an official receive training on disaster-related condemnation before he or she may condemn property under this subdivision. The owner of property condemned under this subdivision may appeal the condemnation according to the condemnation appeals procedure of chapter 83 of this title, provided that any appeal to the Superior Court shall be to the Civil Division.
(28) Notwithstanding any contrary provision of sections 2291a and 4413 of this title or 30 V.S.A. chapter 5 or 89, a municipality may adopt an ordinance to establish screening requirements that shall apply to a ground-mounted plant that generates electricity from solar energy. In a proceeding under 30 V.S.A. § 248, the municipality may make recommendations to the Public Utility Commission applying the ordinance to such a plant. The ordinance may designate the municipal body to make this recommendation. Screening requirements and recommendations adopted under this subdivision shall be a condition of a certificate of public good issued for the plant under 30 V.S.A. § 248, provided that they do not prohibit or have the effect of prohibiting the installation of such a plant and do not have the effect of interfering with its intended functional use.
(A) Screening requirements under this subdivision shall not be more restrictive than screening requirements applied to commercial development in the municipality under chapter 117 of this title or, if the municipality does not have other bylaws except flood hazard, 10 V.S.A. chapter 151.
(B) In this subdivision (28), "plant" shall have the same meaning as in 30 V.S.A. § 8002 and "screening" means reasonable aesthetic mitigation measures to harmonize a facility with its surroundings and includes landscaping, vegetation, fencing, and topographic features.
(C) This subdivision (28) shall not authorize requiring a municipal permit for a solar electric generation plant. Notwithstanding any contrary provision of this title, enforcement of an ordinance adopted under this subdivision shall be pursuant to the provisions of 30 V.S.A. § 30 applicable to violations of 30 V.S.A. § 248. (Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970; amended 1977, No. 61, § 2; 1987, No. 70, eff. June 2, 1987; 1991, No. 108, § 1; 1993, No. 211 (Adj. Sess.), § 15, eff. June 17, 1994; 1997, No. 94 (Adj. Sess.), § 2, eff. April 15, 1998; 1999, No. 82 (Adj. Sess.), § 1; 2001, No. 82 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 63, § 51, eff. June 11, 2003; 2005, No. 173 (Adj. Sess.), § 3, eff. May 22, 2006; 2007, No. 79, § 14, eff. June 9, 2007; 2007, No. 121 (Adj. Sess.), § 19; 2009, No. 45, § 15g; 2009, No. 160 (Adj. Sess.), § 9, eff. June 4, 2010; 2011, No. 53, §§ 14a, 14d(2), eff. May 27, 2011; 2011, No. 138 (Adj. Sess.), § 15, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 8; 2013, No. 16, § 6, eff. May 6, 2013; 2013, No. 122 (Adj. Sess.), § 2; 2013, No. 162 (Adj. Sess.), § 11; 2015, No. 56, § 26e, eff. June 11, 2015; 2017, No. 4, § 3, eff. March 6, 2017; 2017, No. 74, § 99; 2017, No. 79, § 15, eff. June 14, 2017.)
§ 2291a. Renewable energy devices
Notwithstanding any provision of law to the contrary, no municipality, by ordinance, resolution, or other enactment, shall prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. (Added 2009, No. 45, § 15b, eff. May 27, 2009.)
§ 2292. Construction with other laws
The powers enumerated in this subchapter may be exercised by any town, city, or incorporated village notwithstanding and in addition to the existence of similar powers under a municipal charter or other provision of law. The validity or enforceability of an ordinance or rule adopted under section 2291 of this title shall not be affected by the existence of a statute, ordinance, or rule enacted or adopted under authority other than this subchapter, and relating to the same or a similar subject. (Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970.)
§ 2293. Regulation of condominium conversion; referendum
A town may adopt an ordinance governing the conversion of rental units to condominiums which is supplemental to and not inconsistent with the provisions of 27 V.S.A. chapter 15, subchapter 2. Such an ordinance shall be submitted to the voters and shall be adopted if approved by a majority of those present and voting. (Added 1985, No. 175 (Adj. Sess.), § 6.)
§ 2294. Missing person complaints and reports; filing required
All law enforcement agencies, including those of municipalities, shall develop and maintain a system for filing missing person complaints and reports forwarded to it under 20 V.S.A. chapter 112. (Added 1985, No. 254 (Adj. Sess.), § 2, eff. June 4, 1986.)
§ 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing, and trapping
Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city, or incorporated village under subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter. (Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.)
§ 2296. Regulation of amateur radio
(a) As used in this section:
(1) "Amateur radio" means the use of amateur radio and amateur satellite radio frequencies and services by qualified and federally authorized persons of any age who are interested in radio technique without pecuniary interest.
(2) "Antenna" means an array of wires, tubing, or the like used for the transmission and reception of radio waves.
(3) "Antenna support structure" means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station. Amateur radio antenna support structures are removable by design and therefore are a removable structure for assessment purposes.
(b) Notwithstanding subdivision 2291(19) of this title, a municipal ordinance regulating amateur radio antenna or amateur radio antenna support structures shall comply with the requirements of 47 C.F.R. § 97.15(b), as amended from time to time, by allowing for the erection of an amateur radio antenna or an amateur radio antenna support structure at a height and dimension sufficient to accommodate amateur radio service communications. (Added 2005, No. 200 (Adj. Sess.), § 2.)
- Subchapter 012: SOLID WASTE ORDINANCES
§ 2297. Definitions
As used in this subchapter,
(1) "Solid waste ordinance" means an ordinance adopted pursuant to subdivision 2291(12) of this title.
(2) "Legislative body" means the legislative body of a town, city, or incorporated village.
(3) "Respondent" means a person alleged to have violated a solid waste ordinance. (Added 1991, No. 108, § 2.)
§ 2297a. Enforcement of solid waste ordinance by town, city, or incorporated village
(a) Solid waste order. A legislative body may issue and enforce a solid waste order in accordance with this section. A solid waste order may include a directive that the respondent take actions necessary to achieve compliance with the ordinance, to abate hazards created as a result of noncompliance, or to restore the environment to the condition existing before the violation and may include a civil penalty of not more than $800.00 for each violation and in the case of a continuing violation, not more than $100.00 for each succeeding day. In determining the amount of civil penalty to be ordered, the legislative body shall consider the following:
(1) the degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation;
(2) whether the respondent has cured the violation;
(3) the presence of mitigating circumstances;
(4) whether the respondent knew or had reason to know the violation existed;
(5) the respondent's record of compliance;
(6) the economic benefit gained from the violation;
(7) the deterrent effect of the penalty;
(8) the costs of enforcement;
(9) the length of time the violation has existed.
(b) Notice. When the legislative body has reasonable grounds to believe that a person has violated a solid waste ordinance, the legislative body may issue notice of the alleged violation, which shall be delivered to the respondent in person or mailed to the respondent by first class mail or by certified mail, return receipt requested. If mailed by first class mail, the notice is deemed received three days after the date of mailing. A copy of the notice of violation shall be mailed to the Department of Environmental Conservation for information purposes only. The notice of violation shall include:
(1) a brief description of the alleged violation and identification of the ordinance alleged to have been violated;
(2) a brief description of the potential enforcement actions which may be taken by the legislative body and the legislative body's probable course of action;
(3) a statement that the respondent has a right to a preliminary hearing before the legislative body and a description of the procedures for requesting a preliminary hearing.
(c) Preliminary hearing. A person who receives a notice of violation shall be offered an opportunity for a preliminary hearing before the legislative body for the purpose of determining whether a violation exists and reviewing the legislative body's probable course of action. The request for hearing shall be made in writing to the clerk of the town, city, or incorporated village no later than ten days after the date the notice of violation is received. The legislative body shall hold a hearing within 14 days of receipt of the request for a hearing.
(d) Proposed order. After a preliminary hearing, the legislative body may issue a proposed order. If no hearing is requested within ten days after the date of receipt of the notice of violation, the legislative body may issue a proposed order at once. A proposed order shall be delivered to the respondent in person or mailed to the respondent by first class mail or by certified mail, return receipt requested. If mailed by first class mail, the order is deemed received three days after the date of mailing.
(e) Contents of proposed order. A proposed order shall include:
(1) a statement that the respondent has the right to request a hearing before the legislative body on the proposed order and the procedures for requesting the hearing;
(2) a statement that the respondent has the right to request a hearing before the Environmental Division after the order has become final and a description of the procedures for requesting a hearing before the Environmental Division;
(3) a statement that filing a request for hearing before the Environmental Division will stop penalties from accruing in the case of a continuing violation;
(4) if applicable, a directive that the respondent take actions necessary to achieve compliance with the ordinance, to abate hazards created as a result of noncompliance, or to restore the environment to the condition existing before the violation;
(5) if applicable, a civil penalty of not more than $800.00 for each violation and in the case of a continuing violation, not more than $100.00 for each succeeding day.
(f) Hearing on proposed order. A person who receives a proposed order shall be offered an opportunity for a hearing before the legislative body, provided that the request for hearing is made in writing to the clerk of the town, city, or incorporated village no later than 15 days after the date of receipt of the order. If the respondent does not request a hearing, the order shall be deemed a final order, and shall be effective on the date of receipt or a later date stated in the order. If the respondent does request a hearing subsequent to receipt of the order, the legislative body shall hold a hearing within 14 days of receipt of the request. After the hearing, the legislative body may withdraw or amend the order and may issue a final order, which shall be delivered or mailed to the respondent in the same manner as proposed orders and which shall be effective on the date of receipt or a later date stated in the order.
(g) Continuing violations. Each day that a violation continues from the effective date of a final order shall constitute a separate violation. However, the filing of a request for hearing with the Environmental Division shall stop penalties from accruing in the case of a continuing violation until the Environmental Division has issued its order.
(h) Effect of imposition of penalty. Imposition of a penalty under this subchapter precludes imposition by the town, city, or incorporated village of any other administrative or civil penalty under any other provision of law for the same violation.
(i) Payment to town, city, or incorporated village. All penalties collected under this subchapter shall be paid to the town, city, or incorporated village whose ordinance is the subject of the violation.
(j) Enforcement. The legislative body may seek enforcement of a final order in the Superior Court or before the Environmental Division. If a penalty is imposed and the respondent fails to pay the penalty within the time prescribed, the legislative body may bring a collection action in the Superior Court. (Added 1991, No. 108, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2017, No. 130 (Adj. Sess.), § 16.)
§ 2297b. Hearing by Environmental Division
(a) A respondent may request a hearing on a final order under this subchapter before the Environmental Division established under 4 V.S.A. chapter 27, which shall consider the matter de novo. Notice of a request for hearing shall be filed with the Environmental Division and the municipal clerk within ten days of receipt of the final order.
(b) Notice of a request for hearing before the Environmental Division shall stay the order and payment of the penalty, if imposed, pending the hearing.
(c) If the Environmental Division determines that a violation has not occurred, it shall reverse the order.
(d) The Environmental Division may affirm a directive in an order or, if it finds that the violation exists but the remedies contained in the order are not likely to achieve the intended result, it may modify or vacate and remand the directive.
(e) In determining whether to affirm, modify, or reverse an order for a civil penalty, the Environmental Division shall consider the factors set forth in subsection 2297a(a) of this title.
(f) If the respondent does not request a hearing on a final order within ten days of receipt of the order, the final order shall stand. (Added 1991, No. 108, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)
- Subchapter 013: CONDEMNATION; SOLID WASTE MANAGEMENT DISTRICTS
§ 2299a. Eminent domain; solid waste management districts
(a) A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid waste facilities located on the landfill site, by condemnation as provided in this subchapter.
(b) A solid waste management district may condemn only property, easements or rights in property lying within the boundary of the district at any time after June 28, 1991. However, withdrawal of a municipality from membership in the district before November 1, 1991 shall terminate condemnation proceedings with respect to property, easements, and interests in property lying within that municipality.
(c) This subchapter may not be used to condemn property, easements, or other rights in property at solid waste management facilities actually operated by any person at any time during the three years before a petition is filed under this subchapter under either transitional authorizations issued on or before August 1, 1987 or interim, provisional, or final certifications issued by the Agency of Natural Resources. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299b. Definitions
As used in this subchapter,
(1) "Necessity" means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations and to the quantity, kind, and extent of cultivated and agricultural land which may be taken or rendered unfit for use by the proposed taking. In this matter, the court shall view the problem from both a long-range agricultural land use viewpoint as well as from the immediate taking of agricultural lands which may be involved. The court shall also consider and give effect to the policy of protecting earth resources, as set forth in 10 V.S.A. § 6086. Consideration also shall be given to the effect upon home and homestead rights and the convenience of the owner of the land, to the effect of the facility upon scenic and recreational values, and to the effect upon town grand lists and revenues.
(2) Damages resulting from the taking or use of property under the provisions of this subchapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property, which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.
(3) "Interested person" or "person interested in lands" means a person who has a legal interest of record in the property affected.
(4) "Legislative body" means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299c. Determination by legislative body of district
(a) No solid waste management district shall exercise the authority conferred on it by this subchapter until after the legislative body of the district has voted at a regular or special meeting warned for that purpose to adopt a resolution setting forth the necessity for the taking and the compensation to be paid.
(b) A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the legislative body's reaching the judgment required in subsection (a) of this section. The hearing shall be conducted by the legislative body. Public notice shall be given by printing the official notice not less than 30 days prior to the hearing in a newspaper having general circulation in the area affected. A copy of the notice shall be mailed to the legislative body of the municipalities affected and a copy sent by certified mail to known owners of lands and rights in land proposed to be condemned. The notice shall set forth the purpose for which the land or rights are desired. At the hearing the legislative body shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested.
(c) If the legislative body determines the necessity of the taking and the compensation to be paid, it shall cause the property to be acquired or affected to be surveyed. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299d. Petition; notice of hearing
(a) After completion of the survey, the solid waste management district intending to acquire property or property rights shall present a petition to the Superior Court of the county in which the property lies, describing the property or rights, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary. The Superior Court shall set a time and place for hearing such petitions, which shall not be more than 60 nor less than 40 days from the date its order is signed, and shall issue a citation.
(b) The citation shall be served like a summons upon each person having any legal interest in the property or right, including each municipality and each municipal planning commission where the property is situated, or on absent persons in such manner as the Supreme Court may, by rule, provide for service of process in civil actions. The Superior Court may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns within the same county. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299e. Finding of necessity; appeal
(a) At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the property to be taken or affected objects to the necessity of the proposed taking, the court shall require the petitioner to proceed with the introduction of evidence as to the necessity of the taking. The burden of proof shall be upon the petitioner to establish necessity by a fair preponderance of the evidence. No presumptions shall attend the petitioner's determination of necessity.
(b) The court by its order may determine whether necessity requires the taking of the land and rights as set forth in the petition. The court shall make findings of fact and file them and any party may appeal the court's order regarding necessity to the Supreme Court. (Added 1991, No. 109, § 1, June 28, 1991.)
§ 2299f. Determination of damages; jury trial
(a) If any person with an interest in the property or right is dissatisfied with the compensation determined by the legislative body of the solid waste management district, the person may, within 30 days after any court order regarding necessity has become final, apply by petition in writing to the Superior Court of the county within which such property or right or part thereof is situated to have the amount of compensation reassessed and the time and manner of payment redetermined. Such petition shall be served and returned like a summons.
(b) Either party may request and have a trial by jury on the issue of compensation only.
(c) The Superior Court shall determine damages as of the date the property is acquired or at such other date as the court determines. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299g. Compensation; where party cannot be found
When a person to whom such compensation or any part of that compensation is due cannot be found, or is under any legal disability, or is out of this State, the Superior Court may order such amount to be deposited with the county clerk of the county in which the hearing was held. This money shall be invested and paid out according to orders made by the court. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299h. Copy of order; record
When the Superior Court renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days, a certified copy of that judgment. Within 30 days after the Superior Court's judgment has become final, the petitioner shall cause a certified copy of the judgment to be recorded in the clerk's office of the town or towns in which the property is located. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299i. Effect of payment of awards
After resolution of any appeals on the issue of necessity and upon the payment or deposit of the compensation determined by the legislative body of the solid waste management district, with interest, in accordance with its determination, the district shall be the owner of the property or right described in the findings. However, when an appeal is taken on the issue of compensation only, ownership shall be an equitable title only with right of possession until there is compliance with the judgment of the Superior Court. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299j. Access for examination of land
Solid waste management districts organized pursuant to chapter 121 of this title, or by charter, after making reasonable effort to provide notice, may enter on any lands and premises for the purpose of making surveys and conducting hydrogeological studies, including subsurface investigations, and other scientific studies and, in the event entry is denied or resisted, they may obtain an order for this purpose from any Superior Court of a county in which the property is located. Orders issued under this section shall specify when solid waste management districts may enter land or premises, the manner and timing of notice they shall give before any such entry, the allowed duration of any entry, and a suitable payment for entry, if any. Solid waste management districts shall be liable for damage done as a result of their entry on lands or premises. (Added 1991, No. 109, § 1, eff. June 28, 1991.)
§ 2299k. Scope of civil rules
The Vermont Rules of Civil Procedure shall apply to proceedings under this subchapter, except that neither party is entitled to a trial by jury on the issue of necessity. (Added 1991, No. 109, § 1, eff. June 28, 1991.)