The Vermont Statutes Online
§ 2501. Laying out parks
(a) A fifth or 50 or more of the freeholders of a town, desiring to have a public park or a public square laid in such town for the erection of a soldiers' monument or for other public purpose, may apply by petition in writing to the selectboard of the town requesting them to lay out such park or square.
(b) The selectboard shall thereupon examine the premises and appoint a time and place for hearing parties interested, and shall proceed in setting out land, awarding damages, and in all other particulars, as in laying out a highway upon petition of three freeholders.
(c) Persons aggrieved by the action of the selectboard shall have the same remedies as are provided for persons aggrieved by the action of selectboard in the laying out of a highway.
§ 2502. Tree wardens and preservation of shade trees
Shade and ornamental trees within the limits of public ways and places shall be under the control of the tree warden. The tree warden may plan and implement a town or community shade tree preservation program for the purpose of shading and beautifying public ways and places by planting new trees and shrubs; by maintaining the health, appearance, and safety of existing trees through feeding, pruning, and protecting them from noxious insect and disease pests and by removing diseased, dying, or dead trees which create a hazard to public safety or threaten the effectiveness of disease or insect control programs. (Amended 1969, No. 238 (Adj. Sess.), § 1.)
§ 2503. Appropriations
A municipality may appropriate a sum of money to be expended by the tree warden, or if one is not appointed, by the mayor, aldermen, selectboard, or trustees for the purpose of carrying out this chapter. (Amended 1969, No. 238 (Adj. Sess.), § 2)
§ 2504. Removal of trees; exception
The tree warden may remove or cause to be removed from the public ways or places all trees and other plants upon which noxious insects or tree diseases naturally breed. However, where an owner or lessee of abutting real estate shall annually, to the satisfaction of such warden, control all insect pests or tree diseases upon the trees and other plants within the limits of a highway or place abutting such real estate, such trees and plants shall not be removed. (Amended 1969, No. 238 (Adj. Sess.), § 3.)
§ 2505. Deputy tree wardens
A tree warden may appoint deputy tree wardens and dismiss them at pleasure.
§ 2506. Regulations for protection of trees
A tree warden shall enforce all laws relating to public shade trees and may prescribe such rules and regulations for the planting, protection, care, or removal of public shade trees as he or she deems expedient. Such regulations shall become effective pursuant to the provisions of chapter 59 of this title. (Amended 1969, No. 238 (Adj. Sess.), § 4.)
§ 2507. Cooperation
The tree warden may enter into financial or other agreements with the owners of land adjoining or facing public ways and places for the purpose of encouraging and effecting a community-wide shade tree planting and preservation program. He or she may cooperate with federal, State, county, or other municipal governments, agencies, or other public or private organizations or individuals and may accept such funds, equipment, supplies, or services from organizations and individuals, or others, as deemed appropriate for use in carrying out the purposes of this chapter. (Amended 1969, No. 238 (Adj. Sess.), § 5.)
§ 2508. Cutting shade trees; regulations
Unless otherwise provided, a public shade tree shall not be cut or removed, in whole or in part, except by a tree warden or his or her deputy or by a person having the written permission of a tree warden.
§ 2509. Cutting shade trees; hearing
(a) A public shade tree within the residential part of a municipality shall not be felled without a public hearing by the tree warden, except that when it is infested with or infected by a recognized tree pest, or when it constitutes a hazard to public safety, no hearing shall be required.
(b) In all cases the decision of the tree warden shall be final, except that when the tree warden is an interested party or when a party in interest so requests in writing, such final decision shall be made by the legislative body of the municipality. (Amended 1969, No. 238 (Adj. Sess.), § 6; 2017, No. 74, § 100.)
§ 2510. Penalty
(a) Whoever shall, willfully, mar or deface a public shade tree without the written permission of a tree warden or legislative body of the municipality shall be fined not more than $50.00 for the use of the municipality.
(b) Any person who, willfully, critically injures or cuts down a public shade tree without written permission of the tree warden or the legislative body of the municipality shall be fined not more than $500.00 for each tree so injured or cut, for the use of the municipality. (Amended 1969, No. 238 (Adj. Sess.), § 7.)
§ 2511. Control of infestations
When an insect or disease pest infestation upon or in public or private shade trees threatens other public or private trees, is considered detrimental to a community shade tree preservation program, or threatens the public safety, the tree warden may request surveys and recommendations for control action from the Secretary of Agriculture, Food and Markets. On recommendation of the Secretary of Agriculture, Food and Markets, the tree warden may designate areas threatened or affected in which control measures are to be applied and shall publish notice of the proposal in one or more newspapers having a general circulation in the area in which control measures are to be undertaken. On recommendation of the Secretary, the tree warden may apply measures of infestation control on public and private land to any trees, shrubs, or plants thereon harboring or which may harbor the threatening insect or disease pest. He or she may enter into agreements with owners of such lands covering the control work on their lands, but the failure of the tree warden to negotiate with any owner shall not impair his or her right to enter on the lands of said owner to conduct recommended control measures, the cost of which shall be paid by the municipality. (Amended 1969, No. 238 (Adj. Sess.), § 8; amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 2512. Repealed. 1969, No. 238 (Adj. Sess.), § 9.