The Vermont Statutes Online

Title 25: Navigation and Waters

Chapter 003: General Provisions Relating to Rivers and Streams

• § 141. Public easement

  A public easement in a stream shall not be lost or abridged by prescription or adverse possession.

• §§ 142-144. Repealed. 2011, No. 138 (Adj. Sess.), § 36, eff. May 14, 2012.

• § 145. Remedy of person aggrieved by action of the selectboard

  When a person considers himself or herself injured by the action of the selectboard, he or she may apply to the Superior Court of the county for relief. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 146. Removal of trees and bushes from land prior to flowage

  (a) All land which may be flowed by damming, taking, storing, or diverting, or raising the level or increasing the area of the volume of the waters of any stream, river, lake, or pond, by a corporation or association existing under any charter or authority of the State, or holding or acquiring control of any stream, river, lake, or pond by virtue of any charter or authority of the State, shall, prior to such flowing, be cleared of all trees and bushes which shall be removed or burned, and shall be further cleared to the low water mark of such stream, pond, or reservoir, by cutting close to the ground all trees, bushes, and stumps.

  (b) This section shall not be construed so as to prevent constructions and developments specifically authorized by a charter granted by the General Assembly, nor so as to prevent or interfere with such usage of the waters of any stream, river, lake, and pond, or such use of constructions and developments, as may be necessary for the proper enjoyment of rights and powers specifically authorized by such charter nor so as to prevent or interfere with the performance of any duties imposed by such charter.