Title 25 — Navigation and Waters

The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.

Chapter 1 Operation of Vessels

Subchapter 1 Careless or Negligent Operation Generally

§§ 1-3 Repealed

[Repealed]

1959, No. 263, § 17, eff. Jan. 1, 1960.

Subchapter 2 Motorboat Operation

§§ 41-45 Repealed

[Repealed]

1959, No. 263, § 17, eff. Jan. 1, 1960.

Subchapter 3 Lights on Vessels

§ 81 Repealed

[Repealed]

1959, No. 263, § 17, eff. Jan. 1, 1960.

§ 82 Lake Champlain

Steamboats, sloops, schooners, rafts, vessels, and other watercraft, navigating in the nighttime on Lake Champlain, within this State, or on a bay, harbor, river, or creek, the waters of which are common to such Lake, and when lying at anchor or at rest in the said waters shall carry and show such lights as are required by the applicable provisions of 33 U.S.C. §§ 172-180 and 46 U.S.C. § 526(b), United States Code, as amended. If found without such lights, the captain, owner, master, or other person having charge, shall be fined not more than $50.00 nor less than $10.00.

§ 83 Repealed

[Repealed]

1959, No. 263, § 17, eff. Jan. 1, 1960.

Chapter 3 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§§ 142-144 Repealed

[Repealed]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.

Chapter 5 Floating Lumber

Subchapter 1 General Provisions

§ 201 Boom for logs

When it becomes necessary for a person rightfully engaged in running logs down a river or stream in this State to anchor a boom for such logs on land bounding upon such river or stream, and he or she is unable to agree with the owner or occupant of such land with reference thereto, such person may call upon the selectboard of the town wherein such land lies to act in the premises, by giving at least 48 hours’ notice in writing thereof to such owner or occupant. Thereupon the selectboard shall investigate and decide as to the necessity and location of such boom, the time during which it shall remain, and the amount of damage, if any. The decision of the selectboard shall be in writing and be final. When such person has paid or tendered to the selectboard his or her fees in the matter and to the owner or occupant of such land the damages awarded, the boom may be anchored in accordance with the findings of the selectmen.

§ 202 Retention of lodged lumber for damages

When lumber, such as spars, masts, square timber, logs, or sawed lumber, put into a stream in or adjoining the State, and lodged upon lands adjoining the same, or dams crossing such streams, in this State, is not taken away by the owner on or before May 1, annually, the owner of the lands or dams may detain in his or her possession such lumber, until the owner thereof pays the damages sustained by reason of its lying upon such lands or dams.

§ 203 Removal of lumber

When such lumber is not removed by the owner on or before November 1, annually, the owner of the lands or dams may take and convert it to his or her own use. The owner of the lumber, by paying the damages and costs, may remove the same from the lands or dams between November 1 and May 1 following.

§ 204 Advertisement

The lumber shall not be forfeited unless the owner of lands or dams upon which such lumber is lodged shall advertise the same at a public place in the town where the lumber is lodged, giving in the advertisement a description of the lumber, the owner’s marks, if any, and also cause the advertisement to be recorded in the town clerk’s office, in the month of September, in the same year.

§ 205 Fees

The person advertising the lumber shall be entitled to receive $0.34 for the copy of the advertisement left with the town clerk, and $0.06 a mile travel to advertise the same. Such fees shall be paid by the owner of the lumber at the time the damage is paid to the owner of the land or dam, when the lumber does not become forfeited. When the lumber is forfeited, the fees shall be paid by the party advertising.

(Amended 1971, No. 84, § 13.)

§ 206 Adjustment of damages

When the owner of such lumber and the owner of the lands or dams do not agree upon the damages, the selectboard of the town where the lands or dams are situated, not being interested therein, shall adjust the same. If such selectboard members are interested, a superior judge not interested, shall adjust the damages. Such adjudication shall be final between the parties.

(Amended 1973, No. 249 (Adj. Sess.), § 82, eff. April 9, 1974.)

§ 207 Treble damages for stopping or conversion of floating lumber

When a person stops masts, spars, square timber, logs, or sawed lumber and confines it in a place in this State, so as to prevent it from floating down a stream in or adjoining this State, such lumber being marked with the owner’s name or mark, or destroys, makes use of, or disposes of the same, except such as becomes forfeit, he or she shall be liable to the owner for three times the value of the lumber, if it is found on trial that the same was done in bad faith, otherwise the judgment shall be for the actual damages.

Subchapter 2 Assessment of Damages Caused by Floating Lumber

§ 241 Application of provisions

This subchapter shall apply to every person, partnership, unincorporated association, or corporation that shall drive or float lumber in any stream. The use of any such stream for such purpose shall constitute an election on the part of such person, partnership, unincorporated association, or corporation to be subject to the provisions of this subchapter and to be bound thereby. This subchapter shall apply to every owner of the land adjoining any stream so used for the purpose of driving or floating lumber, unless, within 60 days after an alleged injury, the owner notifies, in writing, the Public Utility Commission that the provisions of this subchapter are not intended to apply.

(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

§ 242 Petition to Public Utility Commission

When damage is done to such owner by such lumber in the driving or floating of the same and such owner and the owner of the lumber do not agree upon the damages, either party may prefer a petition to the Public Utility Commission setting forth the injury alleged to be sustained and praying for the redress provided for by this subchapter.

(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

§ 243 Notice and hearing; decision

Upon due notice to all parties in interest, the Public Utility Commission shall hear and determine the cause of such injury to the land or other property adjoining such stream. When the Commission determines that such injury was caused by the driving or floating of lumber, it shall fix the compensation to be paid therefor, including expense for witnesses and a reasonable attorney fee, and render decision accordingly, which decision shall be final and a bar to any other action brought for such damages.

(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

§ 244 Judgment on decision

A party in interest may file in the Superior Court for the county in which the inquiry was held a certified copy of the decision of the Commission awarding compensation, whereupon such court shall render judgment in accordance therewith and notify the parties thereof. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though such judgment had been rendered in an action duly heard and determined by such court, and there shall be no appeal therefrom.

(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 245 Bond of foreign corporation

A foreign corporation, before driving or floating any logs, lumber, or other timber in any stream in this State, shall file in the Office of the Secretary of State for the benefit of the owners of land adjoining any stream used by such corporation, a good and sufficient bond to be approved by the Secretary and in such sum as he or she directs. Such bond shall be given to the Secretary as trustee of the corporation, for each and all of the riparian owners, and shall be conditioned for the payment of all damages and compensation awarded by the Commission and any judgment rendered by any court from which an appeal has not been taken. Upon breach of the condition of such bond, the Secretary, upon application by a riparian owner whose award by the Commission or judgment remains unpaid for more than 30 days, shall institute proceedings thereon in his or her name as trustee for the benefit of all landowners to whom such corporation may be indebted, as hereinbefore provided, at the time such proceedings shall be instituted.

(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)

§ 246 Penalties for noncompliance

A corporation that neglects or refuses to comply with a provision of section 245 of this title shall be fined not more than $100.00 nor less than $10.00, with costs, for each day’s neglect or refusal.

Chapter 7 Motorboats

§§ 301-322 Repealed

[Repealed]

1983, No. 212 (Adj. Sess.), § 7.