19 V.S.A. | Title 19 — Highways

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Chapter 1 State Highway Law; General Transportation Provisions

§ 1 Definitions

As used in this title:

(1) “Agency” means the Agency of Transportation.

(2) “Board” means the Transportation Board.

(3) “Branch” means a major component of a division of a department or major unit of a department with staff functions.

(4) “Chair” means the Chair of the Transportation Board, unless otherwise specified.

(5) “Commissioner” means the Commissioner of Motor Vehicles responsible to the Secretary for the administration of the Department.

(6) “Department” means the Department of Motor Vehicles.

(7) “Develop” means the partition or division of any tract of land of any size by a person through sale, lease, transfer, or any other means by which any interest in or to the land or a portion of the land is conveyed to another person that will require the construction of permanent new or enlarged points of access to a State or town highway other than a limited access facility pursuant to subsection 1702a(a) of this title; excluding, however, tracts of land located entirely within a city or incorporated village.

(8) “Director” means the head of a division.

(9) “District” means a geographic subdivision of the State primarily established for maintenance purposes.

(10) “District transportation administrator” means the person in charge of a district.

(11) “Division” means a major unit of the Agency engaged in line functions other than the Department of Motor Vehicles.

(12) “Highways” are only such as are laid out in the manner prescribed by statute; or roads that have been constructed for public travel over land that has been conveyed to and accepted by a municipal corporation or to the State by deed of a fee or easement interest; or roads that have been dedicated to the public use and accepted by the city or town in which such roads are located; or such as may be from time to time laid out by the Agency or town. However, the lack of a certificate of completion of a State or town highway shall not alone constitute conclusive evidence that the highway is not public. The term “highway” includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation.

(13) “Management road” means a road not designated as a “State forest highway” used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation to meet the responsibilities and purposes set forth in 10 V.S.A. chapter 83, 10 V.S.A. part 4, and rules adopted under those statutes. The term “management road” includes associated easements and rights-of-way. A “management road” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such a road. A “management road” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally at the discretion of the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation. A “management road” may be closed permanently upon 30 days’ notice to the governing body of the municipality in which the road is located and any affected user groups. Designation of a road as a “management road” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation.

(14) “Person” includes a municipality or State agency.

(15) “Scenic road” means any road designated pursuant to this title.

(16) “Secretary” means the head of the Agency who shall be a member of the Governor’s Cabinet responsible directly to the Governor for the administration of the Agency.

(17) “Section” means a major component of a division or department or major unit of the Agency.

(18) “Selectboard” includes village trustees and city councils.

(19) “State forest highway” means a road used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation to meet the responsibilities and purposes set forth in 10 V.S.A. § 2601 et seq. and rules adopted under that statute. The term “State forest highway” includes easements and rights-of-way. A “State forest highway” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such road. A “State forest highway” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally for any reason at the discretion of the Agency of Natural Resources or the Department of Forests, Parks and Recreation. A “State forest highway” may be closed permanently upon 30 days’ notice to the governing body of the municipality in which the road is located and to any affected user groups. Designation of a road as a “State forest highway” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources or the Department of Forests, Parks and Recreation.

(20) “State highways” are those highways maintained exclusively by the Agency of Transportation.

(21) “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.

(22) “Town” includes incorporated villages and cities.

(23) “Town highways” are class 1, 2, 3, and 4 highways:

(A) that the towns have authority to exclusively or cooperatively maintain; or

(B) that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.

(24) “Traffic Committee” consists of the Secretary of Transportation or designee, the Commissioner of Motor Vehicles or designee, and the Commissioner of Public Safety or designee and is responsible for establishing speed zones, parking and no parking areas, rules for use of limited access highways, approval of the testing of automated vehicles as defined in 23 V.S.A. § 4202 on public highways, and other traffic control procedures.

(25) “Limited access highway” means a highway where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is fully or partially controlled by public authority, in accordance with chapter 17 of this title. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources; the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; or the Department of Environmental Conservation.

(26) “Vehicle miles traveled” means the estimated sum of the miles traveled by all motor vehicle trips within a specific area during a calendar year.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 39, eff. June 3, 1993; 1995, No. 60, § 39, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), §§ 18h, 18k, eff. May 22, 1996; 2003, No. 151 (Adj. Sess.), § 2, eff. June 3, 2004; 2009, No. 50, § 88; 2011, No. 126 (Adj. Sess.), § 3; 2015, No. 97 (Adj. Sess.), § 52; 2019, No. 60, § 17; 2025, No. 43, § 20, eff. July 1, 2025.)

§ 2 Composition of Agency

(a) The Agency shall be composed of the following:

(1) the Department of Motor Vehicles;

(2) such divisions as the Secretary finds necessary to carry out the provisions of Titles 5 and 19, as well as any other duties imposed by law on the Agency or the Secretary; and

(3) all other boards, councils, committees, or components assigned to or created within the Agency.

(b) The following units are attached to the Agency for administrative support only:

(1) Traffic Committee;

(2) Travel Information Council; and

(3) all transportation and transit authorities established by law or executive order.

(c) The Agency shall administer the provisions of Titles 5, 19, and 23, other than those involving quasi-judicial or regulatory functions assigned to the Board.

(d) The Agency shall also administer other related provisions of law as may be made applicable by law or executive order and perform other functions as may be assigned to it by law or order.

(e) In addition to the authority and administrative jurisdiction set forth in subsection (c) of this section, the Agency shall have the authority and administrative jurisdiction to develop, promote, supervise, and support safe and adequate transportation services.

(f) There shall be a section within the Agency dedicated to assisting municipalities and regions in the development and implementation of locally managed transportation projects.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 121, § 15; 1989, No. 246 (Adj. Sess.), § 3; 1991, No. 175 (Adj. Sess.), § 6, eff. May 15, 1992; 1993, No. 61, § 8, eff. June 3, 1993; 1995, No. 60, § 18, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18b, eff. May 22, 1996; 1997, No. 38, § 6c, eff. May 28, 1997.)

§ 3 Transportation Board; creation; members

The Transportation Board is formed to be attached to the Agency of Transportation. There shall be seven members of the Board, appointed by the Governor with the advice and consent of the Senate. The Governor shall so far as is possible appoint Board members whose interests and expertise lie in various areas of the transportation field. The Governor shall appoint the Chair, and the Board may vote to appoint other officers. The members of the Board shall be appointed for terms of three years. Board members may be appointed for two additional three-year terms but shall not be eligible for further reappointment. Not more than four members of the Board shall belong to the same political party. No member of the Board shall:

(1) Have an ownership interest in or be employed by a manufacturer, factory branch, distributor, or distributor branch as defined in 9 V.S.A. chapter 108.

(2) Have an ownership interest in or be a new motor vehicle dealer or an employee of a new motor vehicle dealer as defined in 9 V.S.A. chapter 108.

(3) Be employed by an association of motor vehicle dealers, manufacturers, or distributors as defined in 9 V.S.A. chapter 108.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 144 (Adj. Sess.), § 22; 2009, No. 57, § 2; 2025, No. 43, § 10, eff. July 1, 2025.)

§ 4 Transportation Board; meetings; quorum; compensation

The Board shall hold meetings as may be required for the performance of its duties and shall meet at such times and places as may be designated by the Chair. The Chair shall call a meeting upon the written request of the Governor or the written request of two Board members. A majority of the Board shall constitute a quorum. The members of the Board shall receive a per diem as provided by Title 32 for the time actually spent in work authorized by the Board and shall be reimbursed for necessary expenses while away from home.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 5 Transportation Board; powers and duties

(a) General duties and responsibilities; exceptions. The regulatory and quasi-judicial functions relating to transportation shall be vested in the Board, except that the duties and responsibilities of the Commissioner of Motor Vehicles in Titles 23 and 32, including all quasi-judicial powers, shall continue to be vested in the Commissioner.

(b) Naming transportation facilities.

(1) Except as otherwise authorized by law, the Board is the sole authority responsible for naming transportation facilities owned, controlled, or maintained by the State, including highways and the bridges thereon, airports, rail facilities, rest areas, and welcome centers. The Board shall exercise its naming authority only upon petition of the legislative body of a municipality of the State, of the head of an Executive Branch agency or department of the State, or of 50 Vermont residents.

(2) The Board shall hold a public hearing for each facility requested to be named. The Board shall adopt rules governing notice and conduct of hearings, the standards to be applied in rendering decisions under this subsection, and any other matter necessary for the just disposition of naming requests. The Board shall issue a decision, which shall be subject to review on the record pursuant to subsection (c) of this section. The Board may delegate the responsibility to hold a hearing to a hearing officer or a single Board member, subject to the procedure of subsection (c) of this section, but shall not be bound by 3 V.S.A. chapter 25 in carrying out its duties under this subsection.

(c) Hearing examiners; report of findings; final orders; judicial review. The Board may delegate the responsibility to hear quasi-judicial matters, and other matters as it may deem appropriate, to a hearing examiner or a single Board member, to hear a case and make findings in accordance with 3 V.S.A. chapter 25, except that highway condemnation proceedings shall be conducted pursuant to the provisions of chapter 5 of this title. A hearing examiner or single Board member so appointed shall report the findings of fact in writing to the Board. Any order resulting from those findings shall be rendered only by a majority of the Board. Final orders of the Board issued pursuant to section 20 of this title (small claims against the Agency) may be reviewed on the record by a Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. All other final orders of the Board may be reviewed on the record by the Supreme Court.

(d) Specific duties and responsibilities. The Board shall:

(1) hear appeals from Agency decisions and rulings regarding measurement, description, or reclassification of town highways pursuant to section 305 of this title;

(2) hear and determine small claims pursuant to section 20 of this title;

(3) provide appellate review, when requested in writing, of decisions of the Secretary of Transportation when he or she assumes the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title;

(4) provide appellate review, when requested in writing, regarding legal disputes in the execution of contracts awarded by the Agency or by municipalities cooperating with the Agency to advance projects in the State’s Transportation Program, except that the Agency shall provide appellate review relating to bids and the competitive negotiation process under section 10a of this title;

(5) provide appellate review, when requested in writing, of decisions of the Secretary in administering the provisions of Title 24, relating to salvage yards;

(6) provide appellate review when requested in writing, regarding the fairness of rents and fees charged for the occupancy or use of State-owned properties administered by the Agency;

(7) provide appellate review, when requested in writing, of Agency decisions and rulings regarding private and commercial access to State highway rights-of-way pursuant to the permit process established in section 1111 of this title;

(8) in coordination with the Agency, hold public hearings for the purpose of obtaining public comment on the development of State transportation policy, the mission of the Agency, and State transportation planning, capital programming, and program implementation;

(9) hear and determine disputes involving the decision of a selectboard under subdivision 302(a)(3)(B) or subsection 310(a) of this title not to plow and make negotiable a class 2 or 3 town highway or section of a highway during the winter or involving discontinuances of class 3 or 4 town highways extending into adjacent towns under the provisions of subsection 771(c) of this title;

(10) when requested by the Secretary, conduct public hearings on matters of public interest, after which it shall transmit its findings and recommendations to the Secretary and the Chairs of the Senate and House Committees on Transportation in a report that shall be a public document;

(11) enforce all provisions and hear and determine all disputes arising out of 9 V.S.A. chapter 108, the Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act;

(12) maintain the accounting functions for the duties imposed by 9 V.S.A. chapter 108 separately from the accounting functions relating to its other duties;

(13) hear and determine disputes involving a determination of the Agency under section 309c of this title that the municipality is responsible for repayment of federal funds required by the Federal Highway Administration.

(e) Offices and assistance. Suitable offices and office equipment shall be provided by the State for the Board at Montpelier. The Board may employ clerical or other employees and assistants whom it deems necessary in the performance of its duties and in the investigation of matters within its jurisdiction.

(f) Jurisdiction; subpoenas; witness fees. The Board shall have the power to determine and adjudicate all matters over which it is given jurisdiction. It may render judgments and make orders and decrees. Whenever the Board is sitting in a quasi-judicial capacity, it may issue subpoenas for the testimony of witnesses or the production of evidence. The fees for travel and attendance of witnesses shall be the same as for witnesses and officers appearing before a Civil Division of the Superior Court.

(g) Reports to the General Assembly. From time to time, the Board may report to the General Assembly with suggestions of amendment to existing law or of new legislation as it deems necessary and any information concerning the companies, matters, and things under the jurisdiction of the Board and Agency that, in its opinion, will be of interest to the General Assembly.

(h) Appeals from the Agency to the Board. Unless otherwise provided by law, when an appeal is allowed from the Agency to the Board, the appeal shall be taken by filing a notice of appeal with the Secretary within 30 days of the date of the Agency decision from which the appeal is taken. The Secretary shall promptly forward the notice of appeal to the Board, together with the Agency’s record of decision.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 121, § 20a; 1989, No. 246 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 13; 1997, No. 144 (Adj. Sess.), § 24; 1999, No. 156 (Adj. Sess.), § 31, eff. May 29, 2000; 2001, No. 64, § 11, eff. June 16, 2001; 2005, No. 178 (Adj. Sess.), § 8; 2007, No. 75, § 36; 2009, No. 57, § 3; 2009, No. 123 (Adj. Sess.), §§ 27, 29; 2009, No. 154 (Adj. Sess.), § 238; 2015, No. 40, § 27, eff. March 1, 2016; 2015, No. 167 (Adj. Sess.), § 6; 2021, No. 20, § 75; 2021, No. 184 (Adj. Sess.), § 35, eff. July 1, 2022; 2025, No. 43, § 11, eff. July 1, 2025.)

§ 5a Executive Secretary

(a) The Board shall appoint an Executive Secretary, who shall serve during its pleasure. The Board members and Executive Secretary shall be sworn to the faithful discharge of the duties of their offices.

(b) The Executive Secretary shall have general charge of the office of the Board, keep a full record of its proceedings, file and preserve at its office or in public records all documents and papers entrusted to his or her care, prepare those papers and notices as may be required of him or her by the Board, and perform other duties that the Board may prescribe. The Executive Secretary shall have power, under the direction of the Board, to issue subpoenas for witnesses and to administer oaths in all cases before the Board or pertaining to the duties of the office.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 5b Conflicts of interest

(a) A person in the employ of or holding any official relation to any company subject to the supervision of the Board or the Agency, or engaged in the management of a company that is subject to the supervision of the Board or Agency, or owning stock, bonds, or other securities in the company, or who is in any manner connected with the operation of a company that is subject to the supervision of the Board or Agency in this State, shall not be a member or Executive Secretary of the Board or Secretary of Transportation.

(b) No person holding the office of member, Executive Secretary of the Board, or Secretary of Transportation, either personally or in connection with a partner or agent, may:

(1) render professional service for or against or make or perform any business contract with any company subject to Board or Agency supervision, relating to the business of the company, except contracts made with them as common carriers or in the regular course of public service; or

(2) directly or indirectly receive from a company subject to Board or Agency supervision any commission, present, or reward.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 6 Other boards, commissions, councils, and committees

(a) All other boards, commissions, councils, and committees that under this chapter are a part of the Agency shall be advisory only.

(b) The Transportation Board is successor to the Public Service Board, the Highway Board, and the Aeronautics Board in the regulatory and quasi-judicial functions related to transportation. It may enforce all orders of those boards that remain in effect.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 5.)

§ 7 Secretary; powers and duties

(a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency in accord with the transportation policies established under this title.

(c) The Secretary may, with the approval of the Governor, transfer classified positions between the Department, divisions, and other components of the Agency, subject only to personnel laws and rules.

(d) The Secretary shall determine the administrative, operational, and functional policies of the Agency and be accountable to the Governor for these determinations. The Secretary shall exercise the powers and shall perform the duties required for the Agency’s effective administration.

(e) In addition to other duties imposed by law, the Secretary shall:

(1) administer the laws assigned to the Agency;

(2) coordinate and integrate the work of the Agency;

(3) supervise and control all staff functions; and

(4) whenever the Agency is developing preliminary plans for a new or replacement maintenance facility or salt shed, first conduct a review of all previously developed building plans and give priority to utilizing a common, uniform, and preexisting design.

(f) The Secretary may, within the authority of relevant State and federal statutes and regulations:

(1) Transfer appropriations or parts of appropriations within or between the Department, divisions, and sections.

(2) Cooperate with the appropriate federal agencies and receive federal funds in support of programs within the Agency.

(3) Submit plans and reports, and in other respects comply with federal laws and regulations that pertain to programs administered by the Agency.

(4) Make rules consistent with the law for the internal administration of the Agency and its programs.

(5) Create advisory councils or committees as he or she deems necessary within the Agency and appoint the members for a term not exceeding his or hers. Councils or committees created pursuant to this subdivision may include persons who are not officers or employees of the Agency.

(6) Provide training and instruction for employees of the Agency at the expense of the Agency, and provide training and instruction for employees of Vermont municipalities. Where appropriate, the Secretary may provide training and instruction for municipal employees at the expense of the Agency.

(7) Organize, reorganize, transfer, or abolish sections and staff function sections within the Agency; except however, the Secretary may not alter the number of highway districts without legislative approval.

(8) [Repealed.]

(g) Any and all functions and duties required by law, rules, or policy to be performed by the Secretary or the Agency may be delegated by him or her to any person or component of the Agency that the Secretary deems appropriate.

(h) The Secretary, with the approval of the Governor, may appoint, outside the classified service, a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary may prescribe. The appointment shall be in writing and recorded in the Office of the Secretary of State. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.

(i) The Secretary shall assume the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title.

(j) The Secretary may, after consulting with the Secretary of Natural Resources, adopt rules governing public access to and use of environmental mitigation sites administered by the Agency of Transportation. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00.

(k) Upon being apprised of the enactment of a federal law that makes provision for a federal earmark or the award of a discretionary federal grant for a transportation project within the State of Vermont, the Agency shall promptly notify the members of the House and Senate Committees on Transportation and the Joint Fiscal Office. Such notification shall include all available summary information regarding the terms and conditions of the federal earmark or grant. As used in this section, “federal earmark” means a congressional designation of federal aid funds for a specific transportation project or program. When the General Assembly is not in session, upon obtaining the approval of the Joint Transportation Oversight Committee, the Agency is authorized to add new projects to the Transportation Program in order to secure the benefits of federal earmarks or discretionary grants.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 146 (Adj. Sess.), eff. April 13, 1988; 1989, No. 246 (Adj. Sess.), §§ 6, 49; 1993, No. 172 (Adj. Sess.), §§ 14, 15; 1995, No. 60, § 19, eff. April 25, 1995; 1999, No. 156 (Adj. Sess.), § 16, eff. May 29, 2000; 2001, No. 64, § 20, eff. June 16, 2001; 2001, No. 141 (Adj. Sess.), § 44; 2005, No. 175 (Adj. Sess.), § 23; 2013, No. 12, § 19; 2013, No. 167 (Adj. Sess.), § 16; 2015, No. 40, § 16; 2021, No. 20, § 76.)

§ 7a Hearing before Secretary

(a) In the administration of the laws relating to highways, the Secretary may conduct hearings, subpoena witnesses, administer oaths, and take testimony. He or she may also cause depositions to be taken and order the production of books, papers, and records relating to the matter under investigation. The fees for travel and attendance of witnesses and fees for officers shall be the same as for witnesses and officers before a Civil Division of the Superior Court and shall be paid by the State upon presentation of proper bills of cost to the Commissioner of Finance and Management. The fees of witnesses summoned or used by the petitioner shall be paid by him or her. The Secretary may appoint a hearing examiner to conduct hearings.

(b) A person aggrieved by the decision of a hearing under subsection (a) of this section may have the decision reviewed on the record by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure unless otherwise specifically provided by law.

(Added 1993, No. 61, § 9, eff. June 3, 1993; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 8 Commissioner of Motor Vehicles; appointment; duties and powers

(a) The Secretary shall, with the approval of the Governor and with the advice and consent of the Senate, appoint a Commissioner of Motor Vehicles who shall administer the Department of Motor Vehicles and shall serve at the pleasure of the Secretary. The term of a Commissioner shall be concurrent with that of the Secretary.

(b) The Commissioner shall, notwithstanding any other provisions of this chapter, have all the duties and responsibilities of the Commissioner of Motor Vehicles in Title 23 with regard to the suspension and revocation of licenses and all other quasi-judicial duties assigned in that title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 9 Divisions; general provisions

(a) A director shall administer each division created within the Agency. The Secretary shall appoint the directors, who shall be exempt from the classified service. The Director of the Highway Division shall be licensed as a professional engineer.

(b) The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of the boards, committees, commissions, or councils that are attached to the Agency for support are exempt from the classified State service. Except as authorized by 3 V.S.A. § 311 or otherwise by law, all other positions shall be within the classified service.

(d) No rule or regulation may be issued by a director of a division without the approval of the Secretary or designee.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 210 (Adj. Sess.), § 238b; 1993, No. 227 (Adj. Sess.), § 13, eff. June 17, 1994; 2015, No. 40, § 19.)

§ 10 Duties

The Agency shall, except where otherwise specifically provided by law:

(1) Award contracts on terms as it deems to be in the best interests of the State for the construction, repair, or maintenance of transportation related facilities; for the use of any machinery or equipment either with or without operators or drivers; for the operation, repair, maintenance, or storage of any State-owned machinery or equipment; for professional engineering services, inspection of work or materials, diving services, mapping services, photographic services, including aerial photography or surveys, and any other services, with or without equipment, in connection with the planning, construction, and maintenance of transportation facilities. Persons rendering these services shall not be within the classified service, and the services shall not entitle the provider to rights under any State retirement system. Notwithstanding 3 V.S.A. chapter 13, the Agency may contract for services also provided by individuals in the classified service, either at present or at some time in the past. The solicitation and award of contracts by the Agency shall follow procurement standards approved by the Secretary of Administration as well as applicable federal laws and regulations.

(2) Control and direct the use and expenditures of all monies appropriated by the State for transportation purposes and prepare and use a budget for these expenditures.

(3) Exercise general supervision of all transportation functions, have the right to direct traffic on all State highways that are under construction and maintenance, and may close all or any part of a State highway that is under construction or repair. The Agency shall maintain detours comprising State or town highways, or both, around planned closures of State highways in excess of 72 hours. If the Agency maintains a detour on a town highway it shall be responsible for repairing any damage to the town highway caused by the detoured traffic.

(4) Cause necessary surveys, maps, plans, specifications, and estimates to be made for the improvement, construction, and maintenance of transportation facilities.

(5) Furnish technical and engineering assistance when requested, at cost, if available, to the various municipalities of the State.

(6) Advise town officers as to the construction, improvement, and maintenance of town highways, when requested.

(7) Erect and maintain appropriate traffic control devices on State highways.

(8) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file in the office of the Secretary a good and sufficient surety bond to the State of Vermont, executed by a surety company authorized to transact business in this State in such sum as the Agency shall direct, conditioned for the compliance by the contractor or contractors and their agents and servants, with all matters and things set forth and specified to be by the principal kept, done, and performed at the time and in the manner in the contract between the Agency and the contractor or contractors specified and to pay over, make good, and reimburse the State of Vermont for all loss or losses and damage or damages that the State of Vermont may sustain by reason of failure or default on the part of the contractor or contractors. The Agency is authorized to require any other condition in the bond that may from time to time be necessary. The Secretary at his or her discretion as to the best interest of the State, may accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a performance bond.

(9) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file an additional surety bond to the Secretary and the Secretary’s successor in office, for the benefit of labor, materialmen, and others, executed by a surety company authorized to transact business in this State. The surety bond shall be in such sum as the Agency shall direct, conditioned for the payment, settlement, liquidation, and discharge of the claims of all creditors for material, merchandise, labor, rent, hire of vehicles, power shovels, rollers, concrete mixers, tools, and other appliances, professional services, premiums, and other services used or employed in carrying out the terms of the contract between the contractor and the State and further conditioned for the following accruing during the term of performance of the contract: the payment of taxes, both State and municipal, and contributions to the Vermont Commissioner of Labor; provided, however, in order to obtain the benefit of the security, the claimant shall file with the Secretary a sworn statement of the claimant’s claim, within 90 days after the final acceptance of the project by the State or within 90 days from the time the taxes or contributions to the Vermont Commissioner of Labor are due and payable, and, within one year after the filing of the claim, shall bring a petition in the Superior Court in the name of the Secretary, with notice and summons to the principal, surety, and the Secretary, to enforce the claim or intervene in a petition already filed. The Secretary may, if the Secretary determines that it is in the best interests of the State, accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a surety bond.

(10) Purchase, rent, lease, operate, and maintain the machinery, trucks, and equipment necessary to carry out the provisions of this title and in its discretion let trucks and other machinery under such terms as it determines.

(11) With the approval of the Governor, purchase, rent, lease, or erect suitable garages and other buildings as may be necessary for the care of its machinery, trucks, materials, and equipment.

(12) Consult with the Agency of Natural Resources prior to engaging in road repairs or construction that in any way involve streams, ponds, or lakes.

(13) Furnish, subject to reimbursement and upon request by a municipality, services as may be necessary for the municipality to comply with the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” or any subsequent amendments to the Act.

(14) With respect to State highways, have the same powers that selectboards have with respect to town highways.

(15) Respond in writing to concerns raised during Transportation Board hearings conducted pursuant to the provisions of subdivision 5(d)(6) of this title.

(16) Inform the Joint Transportation Oversight Committee of any anticipated loss or reduction of federal funding for transportation purposes due to either a lack of State funds for matching or a decrease in federal funds for the Transportation Program.

(17) Administer the Statewide Property Parcel Mapping Program.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 150 (Adj. Sess.); 1991, No. 35, §§ 5, 14, eff. May 18, 1991; 1991, No. 175 (Adj. Sess.), §§ 7, 8, eff. May 15, 1992; 1995, No. 183 (Adj. Sess.), § 4, eff. May 22, 1996; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 123 (Adj. Sess.), § 28; 2013, No. 167 (Adj. Sess.), § 18; 2015, No. 158 (Adj. Sess.), § 36; 2017, No. 38, § 12; 2021, No. 20, § 77; 2023, No. 148 (Adj. Sess.), § 11, eff. July 1, 2024; 2025, No. 18, § 28, eff. May 13, 2025.)

§ 10a Procurement of engineering and design services through competitive negotiation

(a) For purposes of this section, “competitive negotiation” means a method of procurement where proposals are requested from a number of sources and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate.

(b) Contracts for program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural-related services with respect to projects subject to the provisions of section 111(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, Pub. L. No. 100-17, as may be amended, may be awarded by competitive negotiation.

(1) Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition, consistent with the nature and requirements of the procurement. All qualified sources may submit a proposal. The request for proposals shall be publicized.

(2) The request for proposal shall identify all significant evaluation factors, including price or cost where required and their relative importance.

(3) The Agency shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award.

(4) Award may be made to the responsible offeror whose proposal will be most advantageous to the Agency, price and other factors considered. Unsuccessful offerors should be notified promptly.

(Added 1987, No. 91, § 9, eff. June 22, 1987; amended 2021, No. 20, § 78.)

§ 10b Statement of policy; general

(a) The Agency shall be the responsible agency of the State for the development of transportation policy. It shall develop a mission statement to reflect:

(1) that State transportation policy shall be to encompass, coordinate, and integrate all modes of transportation and to consider complete streets, as defined in section 2401 of this title, principles; and

(2) the need for transportation projects that will improve the State’s economic infrastructure; use resources in efficient, coordinated, integrated, cost-effective, and environmentally sound ways; reduce vehicle miles traveled within the State when feasible; and that will be consistent with the recommendations of the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b.

(b) The Agency shall coordinate planning, education, and training efforts with those of local and regional planning entities to:

(1) ensure that the transportation system as a whole is integrated; that access to the transportation system as a whole is integrated; and that statewide, local, and regional conservation and efficiency opportunities and practices are integrated; and

(2) support employer-led or local or regional government-led conservation, efficiency, rideshare, and bicycle programs and other innovative transportation advances, especially employer-based incentives.

(c) In developing the State’s annual Transportation Program, the Agency shall, consistent with the planning goals listed in 24 V.S.A. § 4302 and with appropriate consideration to local, regional, and State agency plans:

(1) develop or incorporate designs that provide integrated, safe, and efficient transportation and that are consistent with the recommendations of the CEP;

(2) consider complete streets principles in all State- and municipally-managed transportation projects and project phases, including planning, development, construction, and maintenance, except in the case of projects or project components involving unpaved highways;

(3) promote economic opportunities for Vermonters and the best use of the State’s environmental and historic resources; and

(4) manage available funding to:

(A) give priority to preserving the functionality of the existing transportation infrastructure, including bicycle and pedestrian trails regardless of whether they are located along a highway shoulder; and

(B) adhere to credible project delivery schedules.

(d) The Agency of Transportation, in developing each of the program prioritization systems schedules for all modes of transportation, shall include the following throughout the process:

(1) The Agency shall annually solicit input from each of the regional planning commissions and the Chittenden County Metropolitan Planning Organization on regional priorities within each schedule, and those inputs shall be factored into the prioritizations for each program area and shall afford the opportunity of adding new projects to the schedules.

(2) Each year, the Agency shall provide in the front of the Transportation Program book a detailed explanation describing the factors in the prioritization system that creates each project list.

(Added 1989, No. 121, § 1, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 1; 1993, No. 89, § 20; 2005, No. 175 (Adj. Sess.), § 48; 2007, No. 75, § 34, eff. June 7, 2007; 2007, No. 209 (Adj. Sess.), § 7; 2011, No. 34, § 2; 2017, No. 139 (Adj. Sess.), § 10; 2021, No. 105 (Adj. Sess.), § 348, eff. July 1, 2022; 2023, No. 62, § 33, eff. July 1, 2023; 2025, No. 43, § 21, eff. July 1, 2025.)

§ 10c Statement of policy; highways and bridges

(a) For projects that are on the National Highway System, if site conditions, environmental factors, or engineering factors restrict the use of national standards for geometric design, the Agency may pursue exceptions to those standards when appropriate to comply with local or regional plans as interpreted by the adopting entities, or with federal or State long-range plans as adopted, or with local conditions.

(b) For projects that are not on the National Highway System, the Agency shall develop and implement State standards for geometric design. Design speeds may be lower than legal speeds. Design speeds lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

(c) In choosing between the improvement of an existing highway and complete reconstruction, the Agency shall weigh the following factors:

(1) disruption to homes and businesses;

(2) environmental impacts;

(3) the benefits attainable by designing and constructing the improvement as a limited access facility;

(4) the potential effects on the local and State economies;

(5) cost-effectiveness;

(6) mobility;

(7) safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;

(8) local or regional plans as interpreted by the adopting entity and State agency plans;

(9) the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located;

(10) if it is a forest highway under federal jurisdiction; and

(11) opportunities to reduce vehicle miles traveled or otherwise reduce greenhouse gas emissions related to the highway.

(d) It shall be the policy of the State in developing projects as defined in subsection (b) of this section for the resurfacing, restoration, rehabilitation, and reconstruction of bridges and the approaches to bridges to favor their preservation within their existing footprints, in order to ensure compatibility with the Vermont setting and context and to reduce costs and environmental impacts.

(e) The Agency shall investigate and implement, where feasible, policies and programs to allow municipal governments to develop projects or construct projects, or both, under the Agency’s oversight in accordance with federal laws and regulations if federal funds are used.

(f) It shall be the policy of the State, as defined in subsection (b) of this section, to favor the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the Agency shall weigh the following factors, in addition to the factors specified in subsection (c) of this section:

(1) the functional classification of the highway;

(2) the load capacity and geometric constraints of the bridge and the availability of alternative routes;

(3) the comparative long-term costs, risks, and benefits of rehabilitation and new construction; and

(4) the requirements of State standards for geometric design.

(g) With regard to a bridge located on a municipal highway, a municipality may request the Agency to adhere to one or more of the following guidelines:

(1) where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;

(2) unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or

(3) in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge’s historic character, to the extent feasible.

(h) In implementing the policies that are established in subsections (f) and (g) of this section, with regard to a bridge located on a municipal highway:

(1) the affected municipality shall conduct a public hearing as early as is feasible in the project scoping process to identify pertinent issues;

(2) the Agency shall identify and present to the affected municipality feasible alternative solutions before it prepares conceptual plans for the proposed project; and

(3) the Agency’s presentation of feasible alternative solutions shall include estimates of the total preliminary engineering and construction costs for each alternative.

(i) Adherence by the Agency to one or more of the policies established in this section for a specific project shall constitute the selection of a particular set of standards for the purposes of 12 V.S.A. § 5601(e)(8).

(j) Upon final payment of a paving contract with the Agency of Transportation that contains liquidated damages from a paving contractor for failure to complete work on time, such damages shall be paid by the Agency of Transportation to the town or towns in which the work was not completed on time. In no case shall the liquidated damages paid to a town or towns exceed the State share of those liquidated damages for that paving project. If such a project is in more than one town, each town shall receive an amount of liquidated damages equal to its percentage of the State share of uncompleted work.

(k)-(m) [Repealed.]

(Added 1989, No. 121, § 2, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 37; 1993, No. 89, § 21; 1995, No. 140 (Adj. Sess.), § 1; 1999, No. 18, § 41r, eff. May 13, 1999; 2007, No. 164 (Adj. Sess.), §§ 50, 57, 58, eff. May 22, 2008; 2013, No. 167 (Adj. Sess.), § 23; 2021, No. 184 (Adj. Sess.), § 55, eff. July 1, 2022; 2025, No. 43, § 22, eff. July 1, 2025.)

§ 10d Statement of policy; airports

(a) The Agency shall continue to promote the preservation of existing public airports, reduction of hazards to air navigation, and, where the need is indicated, modest expansion of existing public facilities.

(b) On the State airport system, the Agency shall continue to supplement ongoing maintenance activities with a program of capital improvements as the availability of federal and State funds permits.

(c) The Agency shall monitor developments at regional hub airports to ensure fair and adequate access to the national air transportation network for Vermont shippers and travelers. In furtherance of this policy, the Secretary may use available funds to contract for the services of consultants, experts, and specialized legal counsel.

(Added 1989, No. 121, § 3, eff. June 22, 1989.)

§ 10e Statement of policy; railroads

(a) The General Assembly recognizes that rail service, both passenger and freight, is an integral part of the State’s transportation network and that it must be fully integrated into the State’s transportation network as a whole. Accordingly, it is hereby declared to be the policy of the State of Vermont:

(1) To provide opportunities for rail passenger services by cooperating with the federal government, other states, and providers of those services, with priority to be given to the services likely to complement the State’s other transportation resources and Vermont’s economic development efforts and to meet the needs of the traveling public. Goals to increase passenger rail use will be in accordance with the Agency’s rail plan.

(2) To preserve and modernize for continued freight railroad service those railroad lines, both within the State of Vermont and extending into adjoining states, that directly affect the economy of the State or provide connections to other railroad lines that directly affect the economy of the State. Goals to increase freight rail use will be in accordance with the Agency’s rail plan.

(3) In those cases where continuation of freight railroad service is not economically feasible under present conditions, to preserve established railroad rights-of-way for future reactivation of railroad service, trail corridors, and other public purposes not inconsistent with future reactivation of railroad service.

(4) To seek federal aid for rail projects that implement this section’s policy goals.

(5) To maintain and improve intercity bus and rail and freight and commuter rail services, and the necessary intermodal connections, and to increase the efficiency of equipment and the extent to which equipment selection and operation can limit or avoid the emission of greenhouse gases.

(6) To plan for increased ridership with city-to-city and commuter rail service, and for increased coordination of rail service with bus service, car-pooling, and ride-sharing opportunities.

(b) To complement the regular maintenance efforts of the lessee/operators of State-owned railroads, taking into account each line’s long-term importance to the State’s transportation network, economic development, the resources available to the lessee/operator and relevant provisions of leases and other agreements, the Agency may develop programs to assist in major rehabilitation or replacement of obsolete bridges, structures, rails, and other fixtures.

(Added 1989, No. 121, § 4, eff. June 22, 1989; amended 2003, No. 56, § 12, eff. June 4, 2003; 2005, No. 175 (Adj. Sess.), § 22; 2007, No. 209 (Adj. Sess.), § 8; 2013, No. 167 (Adj. Sess.), § 24.)

§ 10f Statement of policy; public transportation

(a) It shall be the State’s policy to make maximum use of available federal funds for the support of public transportation. State operating support funds shall be included in Agency operating budgets to the extent that funds are available. It shall be the State’s policy to support the maintenance of existing public transportation services, to ensure the rapid replacement of any unplanned decrease in service, and to support the creation of new service that is accessible and affordable to those who use these services.

(b) The Agency of Transportation shall develop and periodically update a plan for investment in public transportation services and infrastructure as part of an integrated transportation system consistent with the goals established in 24 V.S.A. § 5083 and regional transportation development plan proposals and regional plans as required by 24 V.S.A. § 5089. The plan shall include components that shall coordinate rideshare, public transit, park and ride, interstate, and bicycle and pedestrian planning and investment at the State, regional, and local levels, and create or expand regional connections within the State in order to maximize interregional ridesharing and access to public transit.

(c) The Agency shall develop and make available to the traveling public an integrated, statewide online service that coordinates transportation options and provides web-based access to information that will allow the traveling public integrated, convenient, affordable, and dependable access to alternative transportation modes sufficient to allow efficient, cost-effective, and timely travel throughout the State.

(Added 1989, No. 121, § 5, eff. June 22, 1989; amended 2003, No. 56, § 36, eff. June 4, 2003; 2007, No. 209 (Adj. Sess.), § 9; 2021, No. 20, § 79.)

§ 10g Annual report; Transportation Program; advancements, cancellations, and delays

(a) Proposed Transportation Program. The Agency of Transportation shall annually present to the General Assembly for adoption a multiyear Transportation Program covering the same number of years as the Statewide Transportation Improvement Program (STIP), consisting of the recommended budget for all Agency activities for the ensuing fiscal year and projected spending levels for all Agency activities for the following fiscal years. The Program shall include a description and year-by-year breakdown of recommended and projected funding of all projects proposed to be funded within the time period of the STIP and, in addition, a description of all projects that are not recommended for funding in the first fiscal year of the proposed Program but that are scheduled for construction during the time period covered by the STIP. The Program shall be consistent with the planning process established by 1988 Acts and Resolves No. 200, as codified in 3 V.S.A. chapter 67 and 24 V.S.A. chapter 117, the statements of policy set forth in sections 10b-10f of this title, and the long-range systems plan, corridor studies, and project priorities developed through the capital planning process under section 10i of this title.

(b) Projected spending. Projected spending in future fiscal years shall be based on revenue estimates as follows:

(1) with respect to State funds, on the consensus forecast for Transportation Fund revenue adopted pursuant to 32 V.S.A. § 305a and for later years on other consensus or Executive Branch estimates of Transportation Fund revenues; and

(2) with respect to federal funds, on such federal regulations that apply to the development of the STIP.

(c) Systemwide performance measures. The Program proposed by the Agency shall include systemwide performance measures developed by the Agency to describe the condition of the Vermont transportation network. The Program shall discuss the background and utility of the performance measures, track the performance measures over time, and, where appropriate, recommend the setting of targets for the performance measures.

(d) [Repealed.]

(e) Prior expenditures and appropriations carried forward.

(1) The Agency’s annual Transportation Program shall include a separate report summarizing with respect to the most recently ended fiscal year:

(A) all expenditures of funds by source; and

(B) all unexpended appropriations of transportation funds and TIB funds that have been carried forward from the previous fiscal year to the ensuing fiscal year.

(2) The summary shall identify expenditures and carry forwards for each program category included in the proposed annual Transportation Program as adopted for the closed fiscal year in question and such other information as the Agency deems appropriate.

(f) Adopted Transportation Program. Each year following adoption of a Transportation Program under this section, the Agency shall prepare and make available to the public the Transportation Program adopted by the General Assembly. The resulting document shall be entered in the permanent records of the Agency and shall constitute the State’s official Transportation Program.

(g) Project updates. The Agency’s annual proposed Transportation Program shall include project updates referencing this section and listing the following:

(1) all proposed projects in the Program that would be new to the State Transportation Program;

(2) all projects for which total estimated costs have increased by more than $5,000,000.00 from the estimate in the adopted Transportation Program for the prior fiscal year or by more than 75 percent from the estimate in the adopted Transportation Program for the prior fiscal year;

(3) all projects for which the total estimated costs have, for the first time, increased by more than $10,000,000.00 from the Preliminary Plan estimate or by more than 100 percent from the Preliminary Plan estimate; and

(4) all projects funded for construction in the prior fiscal year’s adopted Transportation Program that are no longer funded in the proposed Transportation Program submitted to the General Assembly, the projected costs for such projects in the prior fiscal year’s adopted Transportation Program, and the total costs incurred over the life of each such project.

(h) Project delays; emergency and safety issues; additional funding; cancellations.

(1) If capital projects in the Transportation Program are delayed because of unanticipated problems with permitting, right-of-way acquisition, construction, local concern, or availability of federal or State funds, the Secretary is authorized to advance other projects in the adopted Transportation Program for the current fiscal year.

(2) The Secretary is further authorized to undertake projects to resolve emergency or safety issues that are not included in the adopted Transportation Program for the current fiscal year. Upon authorizing a project to resolve an emergency or safety issue, the Secretary shall give prompt notice of the decision and action taken to the Joint Fiscal Office and to the House and Senate Committees on Transportation when the General Assembly is in session and to the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session.

(3) If a project in the adopted Transportation Program for the current fiscal year requires additional funding to maintain the schedule in the adopted Transportation Program for the current fiscal year, the Agency is authorized to allocate the necessary resources. However, the Secretary shall not delay or suspend work on projects in the adopted Transportation Program for the current fiscal year to reallocate funding for other projects except when other funding options are not available. In such case, the Secretary shall notify the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session and the House and Senate Committees on Transportation and the Joint Fiscal Office when the General Assembly is in session. With respect to projects in the approved Transportation Program, the Secretary shall notify the regional planning commission for the district where the affected project is located, the municipality where the affected project is located, the legislators for the district where the affected project is located, the House and Senate Committees on Transportation, and the Joint Fiscal Office of any change that likely will affect the fiscal year in which the project is planned to go to construction.

(4) No project shall be canceled without the approval of the General Assembly, except that the Agency may cancel a municipal project upon the request or concurrence of the municipality, provided that notice of the cancellation is included in the Agency’s annual proposed Transportation Program.

(i) Economic development proposals. For the purpose of enabling the State, without delay, to take advantage of economic development proposals that increase jobs for Vermonters, a transportation project certified by the Governor as essential to the economic infrastructure of the State economy, or a local economy, may, if approval is required by law, be approved for construction by a committee comprising the Joint Fiscal Committee meeting with the chairs of the House and Senate Committees on Transportation or their designees without explicit project authorization through an adopted Transportation Program.

(j) Plan for advancing projects. The Agency of Transportation, in coordination with the Agency of Natural Resources and the Division for Historic Preservation, shall prepare and implement a plan for advancing projects contained in the adopted Transportation Program for the current fiscal year. The plan shall include the assignment of a project manager from the Agency of Transportation for each project. The Agency of Transportation, the Agency of Natural Resources, and the Division for Historic Preservation shall set forth provisions for expediting the permitting process and establishing a means for evaluating each project during concept design planning if more than one agency is involved to determine whether it should be advanced or deleted from the Program.

(k) Definition. As used in subsection (h) of this section, “emergency or safety issues” means:

(1) serious damage to a transportation facility caused by a natural disaster over a wide area, such as a flood, hurricane, earthquake, severe storm, or landslide;

(2) catastrophic or imminent catastrophic failure of a transportation facility from any cause;

(3) any condition identified by the Secretary as hazardous to the traveling public; or

(4) any condition evidenced by fatalities or a high incidence of crashes.

(l) Numerical grading system; priority rating. The Agency shall develop a numerical grading system to assign a priority rating to all Program Development Paving, Program Development Roadway, Program Development Safety and Traffic Operations, Program Development State and Interstate Bridge, Town Highway Bridge, and Bridge Maintenance projects. The rating system shall consist of two separate, additive components as follows:

(1) One component shall be limited to asset management- and performance-based factors that are objective and quantifiable and shall consider the following:

(A) the existing safety conditions in the project area and the impact of the project on improving safety conditions;

(B) the average, seasonal, peak, and nonpeak volume of traffic in the project area, including the proportion of traffic volume relative to total volume in the region, and the impact of the project on congestion and mobility conditions in the region;

(D) the impact of the project on future maintenance and reconstruction costs;

(E) the relative priority assigned to the project by the relevant regional planning commission; and

(F) the resilience of the transportation infrastructure to floods and other extreme weather events.

(2) The second component of the priority rating system shall consider the following factors:

(A) the importance of the transportation infrastructure as a factor in the local, regional, or State economy; and

(B) the importance of the transportation infrastructure in the health, social, and cultural life of the surrounding communities.

(3) The priority rating system for Program Development Roadway projects shall award as bonus points an amount equal to 10 percent of the total base possible rating points to projects within a designated downtown development district established pursuant to 24 V.S.A. § 2793.

(m) Inclusion of priority rating. The annual proposed Transportation Program shall include an individual priority rating pursuant to subsection (l) of this section for each highway paving, roadway, safety and traffic operations, and bridge project in the Program along with a description of the system and methodology used to assign the ratings.

(n) Development and evaluation projects; delays. The Agency’s annual proposed Transportation Program shall include a project-by-project description in each program of all proposed spending of funds for the development and evaluation of projects. These funds shall be reserved to the identified projects subject to the discretion of the Secretary to reallocate funds to other projects within the program when it is determined that the scheduled expenditure of the identified funds will be delayed due to permitting, local decision making, the availability of federal or State funds, or other unanticipated problems.

(o) Year of first inclusion. For projects initially included in a Transportation Program adopted after January 1, 2006, the Agency’s proposed Transportation Program prepared pursuant to subsection (a) of this section and the adopted Transportation Program prepared pursuant to subsection (f) of this section shall include the year in which the projects were first included in an adopted Transportation Program.

(p) Lamoille Valley Rail Trail. The Agency shall include the annual maintenance required for the Lamoille Valley Rail Trail (LVRT), running from Swanton to St. Johnsbury, in the Transportation Program it presents to the General Assembly under subsection (a) of this section. The proposed authorization for the maintenance of the LVRT shall be sufficient to cover:

(1) maintenance and repair or replacement of any bridges along the LVRT;

(2) maintenance and repair of the fencing along the LVRT and any leased lines;

(3) maintenance and repair of the stormwater systems for the LVRT;

(4) any large-scale surface maintenance required due to dangerous conditions along the LVRT or compromise of the rail bed of the LVRT, or both;

(5) resolution of any unauthorized encroachments related to the rail bed, but not the recreational use of the LVRT; and

(6) any other maintenance obligations required of the Agency under a memorandum of understanding entered into regarding the maintenance of the LVRT.

(Added 1989, No. 121, § 6, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 38; 1991, No. 175 (Adj. Sess.), § 25b, eff. May 15, 1992; 1993, No. 89, § 22; 1993, No. 89, § 22; 1993, No. 172 (Adj. Sess.), § 16; 1995, No. 60, § 20, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 17, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 12a, eff. April 27, 1998; 2001, No. 64, § 9, eff. June 16, 2001; 2003, No. 160 (Adj. Sess.), § 30, eff. June 9, 2004; 2005, No. 80, §§ 53, 60; 2005, No. 175 (Adj. Sess.), §§ 46, 47; 2007, No. 75, §§ 35(a), 38; 2007, No. 164 (Adj. Sess.), §§ 61, 62; 2009, No. 123 (Adj. Sess.), § 22; 2011, No. 62, § 36, eff. Jan. 1, 2012; 2011, No. 153 (Adj. Sess.), § 29; 2015, No. 11, § 25; 2015, No. 158 (Adj. Sess.), §§ 18, 20, 21; 2017, No. 38, § 13; 2019, No. 59, § 9; 2021, No. 55, § 13; 2021, No. 105 (Adj. Sess.), § 349, eff. July 1, 2022; 2023, No. 148 (Adj. Sess.), § 12, eff. July 1, 2024.)

§ 10h Cooperative interstate agreement

(a) [Repealed.]

(b) In connection with any authorized construction project in the State of Vermont that extends into or affects an adjoining state, the Agency, on behalf of the State of Vermont, may enter into a cooperative agreement with the adjoining state or any political subdivision of an adjoining state that apportions duties and responsibilities for planning preliminary engineering, including environmental studies, right-of-way acquisition, construction, and maintenance.

(Added 1989, No. 121, § 7, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 40; 2001, No. 141 (Adj. Sess.), § 21, eff. June 21, 2002; 2009, No. 33, § 40; 2015, No. 158 (Adj. Sess.), § 19.)

§ 10i Transportation planning process

(a) Long-range systems plan. The Agency shall establish and implement a planning process through the adoption of a long-range multi-modal systems plan integrating all modes of transportation. The long-range multi-modal systems plan shall be based upon Agency transportation policy developed under section 10b of this title; other policies approved by the General Assembly; Agency goals, mission, and objectives; demographic and travel forecasts; design standards; performance criteria; and funding availability. The long-range systems plan shall be developed with participation of the public and local and regional governmental entities and pursuant to the planning goals and processes set forth in 1988 Acts and Resolves No. 200. The plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b.

(b) Corridor studies. The Agency shall develop transportation corridor studies as needed, consistent with asset management policies implemented by the Agency, that identify environmental issues, community concerns, and travel projections. For each corridor, problems shall be identified and ranked according to their criticality and severity.

(c) Transportation Program. The Transportation Program shall be developed in a fiscally responsible manner to accomplish the following objectives:

(1) managing, maintaining, and improving the State’s existing transportation infrastructure to provide capacity, safety, and flexibility in the most cost-effective and efficient manner;

(2) developing an integrated transportation system that provides Vermonters with transportation choices;

(3) strengthening the economy, protecting the quality of the natural environment, and improving Vermonters’ quality of life;

(4) achieving the recommendations of the CEP; and

(5) striving to reduce vehicle miles traveled and greenhouse gas emissions.

(d) Project identification and scope. The Agency shall identify and develop specific projects consistent with the objectives set forth in subsection (c) of this section. For each project, a project scope shall be prepared to identify the problem to be resolved by the project, the preferred alternative, project limits, and its conceptual design and estimated costs.

(e) Information manual. An information manual giving a clear description of the planning process shall be prepared for town officials and the public.

(Added 1989, No. 246 (Adj. Sess.), § 36; amended 2003, No. 160 (Adj. Sess.), § 31, eff. June 9, 2004; 2017, No. 139 (Adj. Sess.), § 11; 2021, No. 105 (Adj. Sess.), § 350, eff. July 1, 2022; 2025, No. 43, § 23, eff. July 1, 2025.)

§ 10j Intermodal and multimodal transportation facilities; project planning criteria

(a) Initial screening/threshold requirements. In considering a proposal for an intermodal or multimodal transportation facility, the Agency shall take into account the size of the community, the location of the proposed facility, and the presence of a logical combination of transportation modes. An intermodal facility requires the presence of several modes of transportation and a reasonable need to connect the different modes in a manner not easily done without the presence of a dedicated intermodal facility.

(b) Project information. The Agency shall adopt a policy identifying the basic information to be provided in any application for a proposed intermodal or multimodal facility.

(1) usage potential (i.e., how many people will be boarding and alighting at this location);

(2) need for transfer facilities (i.e., how many will be transferring between vehicles or modes, and need to wait for connections);

(3) modal connections (i.e., do modes actually connect at this location, what are the frequencies, and how many people will be making the connection);

(4) opportunities for savings resulting from combining facilities (e.g., if railroad and bus stations are in the same building, does that save capital or operating dollars);

(5) relationship of proposed costs to usage/revenue (annualized capital and operating costs per boarding);

(6) relationship to 10 V.S.A. chapter 151 (1970 Acts and Resolves No. 250, as amended), 22 V.S.A. chapter 14 (historic preservation), 24 V.S.A. chapter 76A (historic downtown development) and the planning goals of 24 V.S.A. § 4302;

(7) whether the proposed project addresses needs identified in policy or service plans for other modes (i.e., intercity bus, passenger rail, aviation);

(8) long-term viability from an operations and maintenance perspective; and

(9) self-sustainability of project funding (i.e., what, if any, level of ongoing subsidy will be needed).

(d) Project managers. A project manager shall be assigned to each intermodal and multimodal transportation facility project that has received State or federal funding and this assignment shall not delay the construction schedule.

(e) State funding. It shall be the policy of the State that State funds not be expended on intermodal or multimodal projects that have federal funds specifically designated for them until they enter the construction phase.

(Added 1999, No. 156 (Adj. Sess.), § 11, eff. May 29, 2000.)

§ 10k Statement of policy; asset management; sale of State property

(a) The Agency shall develop an asset management plan that is a systematic goal- and performance-driven management and decision-making process of operating, maintaining, and upgrading transportation assets cost-effectively. At a minimum, the asset management system shall:

(1) identify transportation system indicators by which the different components of the transportation system may be evaluated;

(2) list all of the infrastructure assets and their condition, including pavements, structures, and facilities;

(3) include deterioration rates for infrastructure assets; and

(4) determine, long-term, the annual funds necessary to fund infrastructure maintenance at the recommended performance level.

(b) The Agency shall not negotiate nor offer for sale any State property for less than fair market value without the prior approval of the General Assembly, if in session, and, if not in session, the Joint Fiscal Committee. The Agency may sell or lease land to municipalities for less than fair market value when and for so long as the land is to be used by the municipality for transportation purposes.

(Added 2001, No. 64, § 24, eff. June 16, 2001; amended 2003, No. 56, § 66, eff. June 4, 2003; 2003, No. 160 (Adj. Sess.), § 32, eff. June 9, 2004; 2021, No. 20, § 80.)

§ 10l Agency cooperation with regional planning commissions

(a) Legislative intent. The General Assembly finds that regional planning commissions possess a unique expertise that enables the Agency to conduct rural transportation planning and local consultation activities that build upon the integration of land use, environmental, and economic development inputs. To ensure the Agency continues to meet its local consultation requirements found in 23 C.F.R. § 250.212, the General Assembly requires the following duties of regional planning commissions as part of an annual contract and work preparing the transportation planning initiative (TPI).

(b) Duties of regional planning commissions. Regional planning commissions, serving areas of the State not qualifying as a Metropolitan Planning Area under federal regulations, shall implement the transportation planning initiative (TPI) program. This program provides the mechanism by which the Agency coordinates policy development and planning to ensure the involvement by Vermont citizens and rural local officials. It shall include:

(1) Ensuring that local officials and citizens are involved in the statewide transportation planning process.

(2) Providing technical assistance to facilitate local officials and staff in making transportation policy and investment decisions.

(3) Coordinating town planning and development regulations to meet better State transportation policies and investment priorities.

(4) Participating in State and national transportation policy and planning development processes to ensure regional and local input.

(5) Implementing a project evaluation process to prioritize all transportation projects within the regions utilizing State or federal funds to be included in the State Transportation Program.

(6) Developing and maintaining a regional, multi-modal transportation plan that clearly details regional and local project, planning, and policy priorities.

(7) Maintaining a regional transportation advisory committee (TAC) that reviews and provides input on all major State and federal transportation planning and policy decisions. In order to facilitate this input, the regional planning commissions, in collaboration with the Agency of Transportation, shall provide warning and notice of all public meetings regarding transportation plans, projects, and proposals.

(Added 2007, No. 75, § 31.)

§ 10m Statement of policy; sustainable building components; annual report

(a) Policy. It shall be the State’s policy to use sustainable building components, including recycled materials and manufacturing byproducts, in all maintenance, construction, and improvement projects within the State’s Transportation Program to the extent that sources of quality sustainable building components are available and the use is consistent with producing transportation assets with a demonstrated evidence of long-term durability.

(b) Specifications. The Agency shall define its performance and related specifications and contract bid documents to allow and, as practicable, encourage the use of sustainable building components.

(c) Recycled asphalt pavement. Recycled asphalt pavement (RAP) shall be used on all Agency paving projects to the extent sources of RAP of a quality comparable to hot mix asphalt is available. The Agency shall define paving project specifications and contract bid documents to allow for the use of up to 50 percent RAP.

(d) Research and testing. The Agency is encouraged to continue researching, testing, and, wherever practicable, using sustainable building components, pozzolans, and alternatives to Portland Cement as part of the construction specifications for all transportation infrastructure projects.

(e) Annual report. The Agency, in consultation with the Recycled Materials Working Group, shall, during each session of the General Assembly, provide an oral report to the House and Senate Committees on Transportation on the use of sustainable building components in maintenance, construction, and improvement projects within the State’s Transportation Program.

(Added 2021, No. 184 (Adj. Sess.), § 56, eff. July 1, 2022.)

§ 10n Mobility and Transportation Innovations (MTI) Grant Program

(a) The Mobility and Transportation Innovations (MTI) Grant Program is created within the Public Transit Section of the Agency. The MTI Grant Program shall support innovative transportation demand management programs and transit initiatives that improve mobility and access to services for transit-dependent Vermonters, reduce the use of single-occupancy vehicles, reduce greenhouse gas emissions, and complement existing mobility investments.

(b) Grant awards of not more than $250,000.00 per recipient for capital or operational costs, or both, may be used to create new or expand existing programs for one or more of the following: matching funds for other grant awards, program delivery costs, or the extension of existing programs.

(c) Funding under the MTI Grant Program shall not be used to supplant existing State funding for the same project or program.

(d) In each year in which funding for grants is available:

(1) The Agency shall establish an application period of at least four months.

(2) The Agency shall provide direct assistance to entities requiring technical assistance or prereview of a draft application during the application period.

(3) Grant awards shall be distributed not later than November 30 in each year in which they are offered.

(Added 2023, No. 148 (Adj. Sess.), § 29, eff. July 1, 2024.)

§ 11 Transportation Fund

The Transportation Fund shall comprise the following:

(1) all taxes, penalties, and fees received by the Commissioner of Motor Vehicles except those relating to motorboats imposed under 23 V.S.A. chapter 29, which shall be expended pursuant to 23 V.S.A. § 3319;

(2) the revenue derived from the taxes on motor fuel as provided for by Title 23;

(3) all grants from the federal government and regional associations for transportation purposes except for snowmobiles and motorboats;

(4) monies received from the sales and use tax on aviation jet fuel and on natural gas used to propel a motor vehicle under 32 V.S.A. chapter 233, and from the portion of a local option tax on the sale of aviation jet fuel specified in 24 V.S.A. § 138;

(5) receipts from pilot and aircraft license fees;

(6) all penalties and fines imposed under this title and Titles 5 and 23;

(7) both statewide and departmental indirect cost recoveries from federal sources by the Agency of Transportation;

(8) other miscellaneous sources including the sale of maps, plans, and reports, fees collected by the Travel Information Council, leases for property at State-owned airports and railroads, proceeds from the sale of State surplus property under the provisions of 29 V.S.A. §§ 1556 and 1557, and proceeds from the sale of recycled materials.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 51, § 1a; 1993, No. 27, § 1; 1999, No. 62, § 260, eff. June 2, 1999; 2009, No. 50, § 66; 2011, No. 153 (Adj. Sess.), § 43, eff. July 1, 2013; 2017, No. 158 (Adj. Sess.), § 37, eff. Jan. 1, 2019.)

§ 11a Transportation fund appropriations

No transportation funds shall be appropriated for the support of government other than for the Agency, the Board, Transportation Pay Act Funds, construction of transportation capital facilities, transportation debt service, and the operation of information centers by the Department of Buildings and General Services.

(Added 2001, No. 141 (Adj. Sess.), § 42; amended 2003, No. 56, § 30, eff. June 4, 2003; 2003, No. 68, § 38, eff. July 1, 2004; 2003, No. 160 (Adj. Sess.), § 16, eff. June 9, 2004; 2005, No. 80, § 43; 2005, No. 175 (Adj. Sess.), § 51; 2007, No. 65, § 271; 2007, No. 192 (Adj. Sess.), § 7.001; 2009, No. 1 (Sp. Sess.), § E.900; 2011, No. 162 (Adj. Sess.), § E.922; 2013, No. 12, § 27; 2015, No. 58, § E.900; 2015, No. 158 (Adj. Sess.), § 4; 2017, No. 3, § 73, eff. March 2, 2017; 2021, No. 184 (Adj. Sess.), § 61, eff. July 1, 2022; 2025, No. 27, § E.900, eff. July 1, 2025.)

§ 11b Town Highway Revolving Fund

There is created a special account within the Transportation Fund known as the Town Highway Revolving Fund for the purpose of charging the expense for work performed for towns by the Agency. All receipts from towns for performance of these services shall be credited to this account. The Commissioner of Finance and Management may incur overdrafts, not to exceed $250,000.00 in total, in this account in anticipation of amounts due from towns. However, the Commissioner may waive the limitation on overdrafts to the extent that a town’s reimbursement to the State is contingent on the town’s receipt of emergency relief funds from federal sources.

(Added 1991, No. 35, § 6, eff. May 18, 1991; 1991, No. 120 (Adj. Sess.), § 1, eff. Feb. 21, 1992; 1999, No. 18, § 17, eff. May 13, 1999.)

§ 11c Deposit in escrow account of amounts retained from progress payments

Upon satisfactory completion of the contract work and full settlement or payment of all damages, claims, or liabilities incurred in connection with the contract work, the retained percentage and any interest accrued, shall be paid to the contractor or consultant. If the escrow conditions are not fulfilled, then the Agency shall be paid the retained percentage and any interest accrued or such amount necessary to settle or pay the damages, claims, or liabilities.

(Added 1993, No. 27, § 2.)

§ 11d Funds for rehabilitation of historic bridges

(a) Notwithstanding 32 V.S.A. § 706(1) and (2), the Agency of Transportation may transfer funds to the Division for Historic Preservation in the Agency of Commerce and Community Development to be used for the following purposes:

(1) Repairing, rehabilitating, restoring, and maintaining historic bridges. To the maximum extent feasible, bridges shall be made available to the public for transportation and recreational uses, including bicycle paths, hiking trails, snowmobile trails, fishing access, picnic areas, or rest stops.

(2) Grants to municipalities, nonprofit corporations, State agencies, or other responsible parties for the repair and maintenance of historic bridges.

(3) Funding for planning and engineering studies for the preservation of historic bridges.

(4) Moving, storing, or otherwise preserving historic bridges.

(b) Funds transferred may include appropriations from the Transportation Fund, federal funds made available to mitigate the adverse effects of new construction on historic bridges, and monies from other public or private sources.

(c) Transfer of funds under this section shall constitute acceptance by the Division for Historic Preservation that funds transferred will be used solely for the preservation of historic bridges as outlined in subsection (a) of this section. Transfers, however, may be conditioned upon use for one or more specific purposes identified by subsection (a) of this section.

(Added 1993, No. 36, § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2021, No. 20, § 81.)

§ 11e Reimbursements

Receipts for damage to State property under the control of the Agency of Transportation, other than recoveries under 32 V.S.A. § 134, sales of supplies, interdepartmental transfers for maintenance of roads under the jurisdiction of other departments of the State, receipts from the Efficiency Vermont Program, and receipts from municipalities and public utilities cooperating with the Agency of Transportation for highway or grade crossing work shall be credited to the same account from which the expenditures have been or will be incurred.

(Added 1995, No. 178 (Adj. Sess.), § 235; amended 2003, No. 56, § 60, eff. June 4, 2003.)

§ 11f Transportation Infrastructure Bond Fund

(a) There is created a special fund within the Transportation Fund known as the Transportation Infrastructure Bond Fund to consist of funds raised from the motor fuel transportation infrastructure assessments levied pursuant to 23 V.S.A. §§ 3003(a) and 3106(a). Interest from the Fund shall be credited to the Fund, and the amount in the Fund shall carry forward from year to year.

(b) As used in this section, the terms “Transportation Infrastructure Bonds Debt Service Fund” and “debt service obligations” are as defined in 32 V.S.A. § 951a.

(c) Monies in the Transportation Infrastructure Bond Fund shall be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and as otherwise required in accordance with any trust agreement pertaining to such bonds.

(d) Provided that resources in the Transportation Infrastructure Bonds Debt Service Fund are sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and to meet all other obligations set forth in any trust agreement pertaining to any such bonds, any remaining balance in the Transportation Infrastructure Bond Fund may be used to pay for:

(1) the rehabilitation, reconstruction, or replacement of State bridges, culverts, roads, railroads, airports, and necessary buildings that, after such work, have an estimated minimum remaining useful life of 10 years;

(2) the rehabilitation, reconstruction, or replacement of municipal bridges, culverts, and highways that, after such work, have an estimated minimum remaining useful life of 10 years; and

(3) up to $100,000.00 per year for operating costs associated with administering the capital expenditures.

(e) To the extent in the current fiscal year any balance remains in the Transportation Infrastructure Bond Fund after all transfers required by subsection (c) of this section have been made and all appropriations authorized by subsection (d) of this section are accounted for, such remaining balance may be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover debt service obligations of transportation infrastructure bonds that are due in future fiscal years.

(f) The assessments for motor fuel transportation infrastructure assessments paid pursuant to 23 V.S.A. §§ 3003(a) and 3106(a) shall not be reduced below the rates in effect at the time of issuance of any transportation infrastructure bond until the principal, interest, and all costs that must be paid in order to retire the bond have been paid.

(g) Except as provided in subsection (h) of this section, all transfers of funds from the Transportation Infrastructure Bond Fund to the Transportation Infrastructure Bonds Debt Service Fund shall be approved by the General Assembly.

(h) To minimize disruption of summer construction schedules, it is the policy of the State to have a balance in the Transportation Infrastructure Bonds Debt Service Fund at the end of each fiscal year that is sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due or are anticipated to be due in the succeeding fiscal year. To achieve the policy objective of ensuring the State’s transportation infrastructure bond obligations are fulfilled with a minimum of disruption to the construction schedules of approved projects, in the event that revenue, economic, or other conditions vary from those assumed in the consensus forecast and in the budget process in which the General Assembly approved transfers to the Transportation Infrastructure Bonds Debt Service Fund, the Secretary of Transportation with the approval of the Secretary of Administration may, notwithstanding the provisions of 32 V.S.A. § 706:

(1) transfer appropriations of transportation infrastructure bond funds to the Transportation Infrastructure Bonds Debt Service Fund; and

(2) transfer appropriations of transportation funds to replace transportation infrastructure bond funds transferred under subdivision (1) of this subsection, provided no significant delay in the construction schedule of any approved project results from the transfer.

(i) After executing a transfer authorized by subsection (h) of this section, the administration shall give prompt notice thereof to the Joint Fiscal Office and submit an explanation and description of the action taken to the Joint Fiscal Committee at its next scheduled meeting.

(Added 2009, No. 50, § 27; amended 2011, No. 63, § F.100, eff. June 2, 2011.)

§ 12 Appropriations to Agency of Transportation

Monies appropriated from the Transportation Fund to the Agency shall be appropriated to the Agency accounts for the following purposes:

(1) construction and maintenance of State highways, railroads, and airports, including necessary buildings and equipment;

(2) aid to municipalities for the support of class 1, 2, or 3 town highways and bridges;

(3) general administration of the Agency, including a grant for pensions;

(4) debt service for principal and interest of highway bonds;

(5) operation of public transit systems, railroads, and airports, including administration of appropriate sections of Title 5; and

(6) operation of the Department of Motor Vehicles, including administration of Title 23.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 12a Transportation Program provided to the Committees on Transportation

The Transportation Program shall be provided by the Agency of Transportation to the members of the House and Senate Committees on Transportation following the presentation of the State budget to the General Assembly by the Governor as required by 32 V.S.A. § 306.

(Added 1989, No. 121, § 20c; amended 1989, No. 246 (Adj. Sess.), § 39; 2001, No. 141 (Adj. Sess.), § 22, eff. June 21, 2002; 2003, No. 160 (Adj. Sess.), §§ 33, 50, eff. June 9, 2004.)

§ 12b Joint Transportation Oversight Committee

(a) There is created a Joint Transportation Oversight Committee composed of the Chairs of the House and Senate Committees on Appropriations, the House and Senate Committees on Transportation, the House Committee on Ways and Means, and the Senate Committee on Finance. The Committee shall be chaired alternately by the Chairs of the House and Senate Committees on Transportation, and the two-year term shall run concurrently with the biennial session of the General Assembly. The Chair of the Senate Committee on Transportation shall chair the Committee during the 2009-2010 legislative session.

(b) The Committee shall meet during adjournment for official duties. Meetings shall be convened by the Chair and, when practicable, shall be coordinated with the regular meetings of the Joint Fiscal Committee. Members shall be entitled to compensation and reimbursement pursuant to 2 V.S.A. § 23. The Committee shall have the assistance of the staff of the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.

(c) The Committee shall provide legislative oversight of the Transportation Fund revenues collection and the operation and administration of the Agency of Transportation construction, paving, and rehabilitation programs. The Secretary of Transportation shall report to the Committee upon request.

(d) If and when applicable, the Secretary shall submit electronically to the Joint Fiscal Office for distribution to members of the Committee a report summarizing any plans or actions taken to delay project schedules as a result of:

(1) a generalized increase in bids relative to project estimates;

(2) changes in the consensus revenue forecast of the Transportation Fund or Transportation Infrastructure Bond Fund; or

(3) changes in the availability of federal funds.

(Added 1993, No. 25, § 78, eff. May 18, 1993; amended 1993, No. 211 (Adj. Sess.), § 11, eff. June 17, 1994; 2005, No. 80, §§ 44, 45; 2009, No. 50, § 87; 2009, No. 123 (Adj. Sess.), § 23; 2011, No. 153 (Adj. Sess.), § 30; 2015, No. 158 (Adj. Sess.), § 22; 2019, No. 144 (Adj. Sess.), § 28; 2021, No. 20, § 82.)

§ 12c Repealed

[Repealed]

2009, No. 123 (Adj. Sess.), § 55.

§ 13 Central Garage Fund

(a) There is created the Central Garage Fund, which shall be used to:

(1) furnish equipment on a rental basis to the districts and other sections of the Agency for construction, maintenance, and operation of highways or other transportation activities; and

(2) provide a general equipment repair and major overhaul service, inclusive of any assets, supplies, labor, or use of contractors necessary to provide that service, as well as to furnish necessary supplies for the operation of the equipment.

(b) In order to maintain safe and reliable equipment, the Agency shall use Central Garage Fund monies to acquire new or replacement equipment. The Agency is authorized to acquire replacement pieces for existing equipment or new, additional equipment equivalent to equipment already owned.

(c)(1) For the purpose specified in subsection (b) of this section, the following amount, at a minimum, shall be transferred from the Transportation Fund to the Central Garage Fund:

(A) the amount transferred for the previous fiscal year increased by the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) if the percentage change is positive; or

(B) the amount transferred for the previous fiscal year if the percentage change is zero or negative.

(2) Each fiscal year, the sum of the following shall be appropriated from the Central Garage Fund exclusively for the purpose specified in subsection (b) of this section:

(A) the amount transferred pursuant to subdivision (1) of this subsection (c);

(B) the amount of the equipment depreciation expense from the prior fiscal year; and

(3) For purposes of subdivision (1) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the transfer will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the transfer will be made.

(d) In each fiscal year, net income of the Fund earned during that fiscal year shall be retained in the Fund.

(e) For the purposes of computing net worth and net income, the fiscal year shall be the year ending June 30.

(f) As used in this section, “equipment” means registered motor vehicles and necessary assets required by the Central Garage in order to fulfill the objectives established in subsection (a) of this section.

(g) [Repealed.]

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 21, eff. April 25, 1995; 1999, No. 18, § 5, eff. May 13, 1999; 1999, No. 156 (Adj. Sess.), § 36, eff. May 29, 2000; 2003, No. 160 (Adj. Sess.), § 50, eff. June 9, 2004; 2005, No. 80, §§ 40, 46; 2007, No. 75, § 23; 2007, No. 121 (Adj. Sess.), § 14; 2009, No. 123 (Adj. Sess.), § 21; 2017, No. 158 (Adj. Sess.), § 18; 2019, No. 59, § 16; 2023, No. 62, § 12, eff. July 1, 2023; 2023, No. 148 (Adj. Sess.), § 14, eff. July 1, 2024.)

§ 14 State highways

(a) The State highways shall be those highways so designated on a map entitled “Vermont State Highways,” filed in the Office of the Secretary of State on June 30, 1997, as subsequently modified by additions or deletions made pursuant to subsection (b) of this section.

(b) When an addition or deletion is made to the State highways, the Agency shall complete a mileage certificate showing the highways that are added or deleted and file a copy in the Office of the Secretary of State. It shall also file a copy of the mileage certificate in the town clerk’s office where the highways are located. When the certificates are filed, the transfer of control of the highways shall be deemed to have taken place.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 7.)

§ 15 Changes in the State highway system

(a) Except as provided in subsection (b) of this section, highways may be added to or deleted from the State highway system by:

(1) an act of the General Assembly; or

(2) a proposal by the Agency that is accepted by the legislative body of the affected municipality and approved by an act of the General Assembly.

(b) Upon entering into an agreement with the affected municipality, the Secretary may relinquish to municipal control segments of State highway rights-of-way that have been replaced by new construction and are no longer needed as part of the State highway system. Upon their relinquishment to municipal control, the segments shall become class 3 town highways, and may be reclassified by the municipality in accordance with chapter 7 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 7; 2013, No. 12, § 15.)

§ 15a Border crossings; cooperation with federal government

(a) Notwithstanding any other provision of this title but pursuant to the provisions of subsection (b) of this section, the Agency (in the case of State highways) and municipalities (in the case of town highways) are authorized to cooperate with federal projects to modernize border crossings between the United States and Canada by relinquishing to the federal government those portions of State or town highways approaching the border that may be required by the federal government for its border crossing projects.

(b) In connection with the relinquishments authorized in subsection (a) of this section, the Agency and municipalities are authorized to execute agreements with the federal government, including a conveyance of an interest in real property, easements, leases, and other instruments necessary to ensure that federal requirements are met. The federal government shall be responsible for maintenance of those State and town highways relinquished under this section.

(Added 2003, No. 56, § 51, eff. June 4, 2003; amended 2021, No. 20, § 83.)

§ 16 Duties of Secretary in unorganized towns and gores

The Secretary shall have the same power in all matters pertaining to the highways in unorganized towns and gores that selectboards have in organized towns, and may spend any available funds, including State aid and local taxes, to assist unorganized towns and gores for this purpose. After exhausting the right of administrative appeal to the Board under subdivision 5(d)(3) of this title, landowners shall have the same right to appeal from the decision of the Board in the exercise of this power as in like proceedings by selectboards in organized towns.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 17.)

§ 17 Contracts; labor preference

A person, firm, or corporation awarded any contract for the construction, reconstruction, improvement, and repair of a highway under the jurisdiction of the Agency shall give preference to Vermont labor and to trucks owned in Vermont and operated by residents of Vermont on all contracts of construction, reconstruction, improvement, and repair, provided this action is not contrary to federal rules and regulations.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 18 Wages

In making up specifications and advertising for bids on highway work, the Agency shall fix, subject to local conditions, the minimum wage per hour for various classes of labor and the minimum to be paid per hour or per cubic yard for trucks that the contractor shall be bound to pay.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 59, § 25.)

§ 19 Small business enterprises

It is declared to be in the best interests of the State and the general welfare of Vermonters to encourage and develop the actual and potential capacity of small business enterprises, and to use this important segment of the State’s economy to the fullest practicable extent in the construction of State highways, including federal aid and interstate highway systems. In order to carry out this intent and encourage full and free competition, the Agency of Transportation shall cooperate with small business enterprises in connection with the State highway construction program. Nothing contained in this section shall be considered or construed as meaning more than a legislative declaration of intent and policy. The decisions and actions of the Agency shall not be subject to judicial challenge.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 84.)

§ 20 Small claims for injury or damage

The Board shall have exclusive jurisdiction over claims of $5,000.00 or less made for personal injuries or property damage, or both, sustained as the result of the negligence of any employee of the Agency. The Board may hear all parties in interest and may award damages not to exceed $5,000.00. When the Board awards damages, it shall certify its decision to the Commissioner of Finance and Management. Upon the disposition of any appeal or the expiration or waiver of all appeal rights, the Commissioner of Finance and Management shall issue his or her warrant for the amount of the award, with payment in the manner prescribed by 12 V.S.A. § 5604.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 18; 2013, No. 12, § 16.)

§ 21 Picnic areas and parking places

(a) The Agency may purchase, or lease, or take in the manner provided in chapter 5 of this title, as part of the highway, land adjacent to any route that is needed for the preservation of its scenic character, or for the purpose of providing picnic or camping grounds, or for parking areas for the use of travelers, provided that land taken for these purposes by condemnation proceedings shall not extend in width more than 250 feet from the center of the traveled portion of the highway (except limited access facilities).

(b) The Agency shall, as a matter of policy, consider the establishment of wayside rest areas when constructing or reconstructing State highways, and when requested, town highways. The cost of building or rebuilding the wayside rest areas shall be included in the costs of constructing or reconstructing that highway. The cost of maintenance of these wayside rest areas shall be included in the cost of maintaining that highway.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 8; 1999, No. 18, § 18, eff. May 13, 1999; 2007, No. 164 (Adj. Sess.), § 33.)

§ 22 Repealed

[Repealed]

(Repealed by 2021, No. 184 (Adj. Sess.), § 60, eff. July 1, 2022.)

§ 23 Rights of action; notice

All rights of action on account of the insufficiency or want of repair of any bridge or culvert on the highways taken over by the State shall exist against the State and not against the town, provided that the notice required in sections 987 and 988 of this title is first given in writing to the Agency, and provided further that liability shall be the same as set forth in section 985 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 24 Venue and service

Any action against the State shall be brought against the State, returnable to the Superior Court in the county where the damages were sustained. Service of the writ shall be made on the Governor or Attorney General.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 25 Settlement and payment

After receiving the notice provided for in section 23 of this title, the Agency with the approval of the Attorney General may adjust and settle with the person claiming damages, and the Commissioner of Finance and Management shall issue his or her warrant for payment. All money spent under this section shall be drawn from the Transportation Fund.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 26 Purchase and sale of property

(a)(1) Subject to subsection (b) of this section:

(A) The Agency may purchase or lease any land, taking conveyance in the name of the State, when land is needed in connection with the layout, construction, repair, and maintenance of any State highway or the reconstruction of the highway.

(B) The Agency may acquire or construct buildings necessary for use in connection with this work.

(C) When any of the land or the buildings acquired or the buildings constructed become no longer necessary for these purposes, the Agency may sell or lease the property.

(2) The proceeds from any sale or lease shall be deposited in the Transportation Fund, unless otherwise required by federal law or regulation.

(b) An acquisition or transfer or the construction under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or the acquisition or transfer of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition, transfer, or construction and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual Transportation Program and the scope of the project includes the acquisition or transfer of property.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 9; 2003, No. 56, § 24, eff. June 4, 2003; 2003, No. 80 (Adj. Sess.), § 84, eff. March 8, 2004; 2011, No. 153 (Adj. Sess.), § 47; 2013, No. 167 (Adj. Sess.), § 20.)

§ 26a Determination of rent to be charged for leasing or licensing State-owned property under the Agency’s jurisdiction

(a) Except as otherwise provided by subsection (b) of this section, or as otherwise provided by law, leases or licenses negotiated by the Agency under 5 V.S.A. §§ 204 and 3405 and section 26 and subsection 1703(d) of this title ordinarily shall require the payment of fair market value rent, as determined by the prevailing area market prices for comparable space or property. However, the Agency may lease or license State-owned property under its jurisdiction for less than fair market value when the Agency determines that the proposed occupancy or use serves a public purpose or that there exist other relevant factors, such as a prior course of dealing between the parties, that justify setting rent at less than fair market value.

(b) Unless otherwise required by federal law, the Agency shall assess, collect, and deposit in the Transportation Fund a reasonable charge or payment with respect to leases or licenses for access to or use of State-owned rights-of-way by providers of broadband or wireless communications facilities or services. The Agency may waive such charge or payment in whole or in part if the provider offers to provide comparable value to the State so as to meet the public good as determined by the Agency and the Department of Public Service. For the purposes of this section, the term “comparable value to the State” shall be construed broadly to further the State’s interest in ubiquitous broadband and wireless service availability at reasonable cost. Any waiver of charges or payments for comparable value to the State granted by the Agency may not exceed five years. Thereafter, the Agency may extend any waiver granted for an additional period not to exceed five years if the Agency makes affirmative written findings demonstrating that the State has received and will continue to receive value that is comparable to the value to the provider of the waiver, or it may revise the terms of the waiver in order to do so.

(c) Nothing in this section shall authorize the Agency to impose a charge or payment for the use of a highway right-of-way that is not otherwise authorized or required by State or federal law.

(d) Nothing in this section shall be construed to impair any contractual rights existing on June 9, 2007. The State shall have no authority under this section to waive any sums due to a railroad. The State shall also not offer any grants or waivers of charges for any new broadband installations in segments of rail corridor where an operating railroad has installed or allowed installation of fiber optic facilities prior to June 9, 2007 unless the State offers equivalent terms and conditions to the owner or owners of existing fiber optic facilities.

(Added 1997, No. 150 (Adj. Sess.), § 20; amended 2007, No. 79, § 10, eff. June 9, 2007; 2013, No. 12, § 17; 2015, No. 41, § 14; 2021, No. 20, § 85.)

§ 27 Throughway designation

The Agency may designate any State highway or part of a State highway as a throughway and, after notice, may revoke the designation. A town may designate any town highway or part of a town highway within the control of the town as a throughway and, after notice, may revoke the designation.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 28 Regulatory signs

Except as provided in 23 V.S.A. § 1074, the designation of a throughway shall not become effective as to regulation of traffic at any point in intersection with any highway until the Agency or the selectboard in a town, as the case may be, shall erect suitable regulatory signs or signals in accordance with the requirements of 23 V.S.A. § 1025. The Agency or the selectboard in a town, as the case may be, may designate any intersection under their respective jurisdictions as a “stop” intersection or a “yield right of way” intersection.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 214 (Adj. Sess.), § 2, eff. May 27, 1992; 1995, No. 73 (Adj. Sess.), § 1.)

§ 29 Intersecting highways

A highway joining a throughway at an angle, whether or not it crosses the throughway, shall be deemed to intersect it.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 30 Issue of notes for State highway construction

The State Treasurer, with the approval of the Governor, may borrow money upon notes of the State in anticipation of the proceeds of transportation bonds that have been or subsequently are authorized by the General Assembly or in anticipation of the proceeds of federal funds made available to Vermont for purposes of construction of transportation facilities, when the construction has been previously authorized by the General Assembly and provision made for the State’s portion of the cost. The notes shall be issued on terms and at times as the State Treasurer and Governor may determine. Not more than $5,000,000.00 principal amount of the notes shall be outstanding at any one time and each note shall mature not later than one year from its date, provided that notes issued for a shorter period may be refunded from time to time by the issue of other notes maturing within the required period. Any purchaser of notes issued under this section may rely on this section as the authorization for the notes and need not examine the availability or amount of the bond authorizations or federal funds being anticipated. This authority is in addition to and not in limitation of any other authority.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 86.)

§ 31 Abandonment of project; reconveyance

If land has been acquired by the State in fee simple for highway purposes, or if the State has acquired a perpetual leasehold in land for highway purposes, and if the land has not been improved subsequent to its acquisition, the State shall not sell or dispose of the land within six years of the date of its acquisition unless it first offers to reconvey it to the person or persons from whom it was acquired or their heirs or assigns, for a consideration equal to the price at which it was acquired, plus interest at the rate of six percent per year from date of acquisition by the State, provided that the address of the person or persons is known to or reasonably ascertainable by the Agency. The person or persons to whom the land is to be offered shall be given written notice of their right to repurchase the land under this section and shall be allowed 60 days to complete the purchase in the event they desire to exercise that right.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 32 Assumed width of right-of-way

A roadway width of one and one-half rods on each side of the center of the existing traveled way can be assumed and controlled for highway purposes whenever the original survey was not properly recorded, or the records preserved, or if the terminations and boundaries cannot be determined.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 33 Survey of existing highways; damages

(a) For the purposes of this and the following section of this title, the word “survey” means:

(1) a survey of the existing highway where no previous survey has been properly recorded or the record of a previous survey has not been preserved, or the terminations and boundaries of a previous survey cannot be determined; or

(2) a resurvey to reproduce a previous survey or surveys.

(b) The Agency, for State highways, and the selectboard, for town highways, may authorize the survey of existing highways, and the rights-of-way, easements, or fee title associated with those highways. The purpose of the survey shall be to verify the location and width of the existing right-of-way, easement, or fee title and to determine the extent of the interest of the public in the title. A notice of intent to survey an existing highway shall be sent to all known abutting landowners by certified mail. In performance of the survey, the Agency or selectboard shall attempt to determine from all available evidence the type of highway, its location on the ground, its width, and the record title holder. The survey shall be based on all available evidence, including survey descriptions, original survey bills, plats, plans, maps, photographs, discontinuances, court documents, Public Service Board orders, actions by the selectboard, existing monumentation, present road location, nearby intersections, topography, vegetation, past and current use patterns, and other additional information generally relied on by land surveyors. The surveys shall be carried out in accordance with the provisions of 26 V.S.A. chapter 45.

(c) If, during the performance of the survey process under this section, the location or limits, or both, of the right-of-way, easement, or fee title cannot be determined on the ground from the available evidence, the Agency or the selectboard may instead cause a survey to be made of the centerline of the existing traveled way and a width of one and one-half rods on each side of the centerline shall be assumed and controlled for highway purposes.

(d) Once a survey is completed, the Agency or selectboard shall cause the right-of-way, easement, or fee title to be monumented in accordance with the survey plat and in such a manner that will allow its limits to be readily apparent to all adjacent property owners. Monumentation shall be permanent and shall include not less than two intervisible monuments located on, within, or adjacent to the highway limits. Intervisible monuments shall be at intervals of not more than 200 meters. All monuments shall be referenced to the Vermont State Plane Coordinate System in accordance with applicable statutes and standards in effect.

(e) The Agency or selectboard shall have the survey placed on record in the town clerk’s office in each town in which the survey is performed. The record shall include survey plats prepared and filed in accordance with 27 V.S.A. §§ 1401-1406, a written description of the survey, and an opinion naming the record title holder. The description and plat shall include coordinates referenced to the Vermont State Plane Coordinate System. All recorded or filed material shall be indexed.

(f) Notice of the completion of the survey shall be sent to all known abutting landowners by certified mail, not less than 30 days before the survey results are filed with the appropriate town clerk, together with notice of statutory rights of appeal and damages.

(g) Upon recordation of the survey and upon final disposition of statutory appeals, all abutting and surrounding lands outside the limits of the survey shall be deemed discontinued, unless any rights deemed necessary are expressly reserved and clearly shown on the recorded survey plat. Title to the discontinued property shall belong to the owners of the abutting lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

(h) A property owner aggrieved by a survey may seek damages for the loss of property or for the loss of an interest in property.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 1; 2021, No. 20, § 87.)

§ 34 Appeal from survey

(a) A person who has title to land abutting to a highway that is surveyed by the Agency or the selectboard and who is dissatisfied with the survey may appeal the results of the survey in the Superior Court in the county in which the affected property is located. Any such appeal must be brought within 120 days from the date the results of the survey are filed with the town clerk. The results of the survey shall be binding against any property owner who does not appeal within the 120-day period.

(b) On a motion of a person, or the Agency, or upon order of the court, any person who has a legally recorded interest in the property that is the subject of the Superior Court action may be joined as a party at any time before final determination, upon such terms as the court may prescribe.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 2.)

§ 35 Entrance upon lands for survey

Employees or agents of the Agency, a municipality, or a utility authorized by law shall be allowed to enter a property for the purpose of making the necessary surveys and examinations for construction of or improvements and repairs to transportation and utility facilities, doing as little damage as possible, subject to liability for actual damages. Whenever practicable, advance notice of the proposed survey or examination shall be given to the owner or occupant of the property to be entered. No owner or occupant of property entered upon under authority of this section shall be liable for any property damage or personal injury resulting from work done by the Agency, a municipality, or a utility under authority of this section.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 40, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18i, eff. May 22, 1996.)

§ 36 Repealed

[Repealed]

2005, No. 80, § 48(a).

§ 37 Impoundments of water created by beaver

(a) Transportation Board jurisdiction. On petition of the Agency of Transportation, the legislative body of an affected municipality, or the owner or operator of an affected railroad or sponsor of an affected public airport, or on its own motion, the Transportation Board may, after notice and hearing under 3 V.S.A. chapter 25, issue an order requiring the removal or abatement of an impoundment of water created by beaver that threatens to substantially damage or submerge a highway, railroad, or public airport. Notice shall be given to the owner or owners of affected land, the legislative body of the affected municipality, and the Secretary of the Agency of Natural Resources. If the Board determines that an impoundment of water created by beaver threatens to substantially damage or submerge a highway, railroad, or public airport, its order shall direct that the impoundment be abated, with as minimal impact on affected land and natural resources as possible, or if necessary, removed. Persons taking action pursuant to an order of the Board under this subsection shall be exempted from the requirements of 10 V.S.A. § 905(7).

(b) Superior Court jurisdiction. The Transportation Board, the Agency of Transportation, the legislative body of an affected municipality, the owner or operator of an affected railroad or the sponsor of an affected public airport may petition a Superior judge for an emergency order for the removal or abatement of an impoundment of water created by beaver that presents an imminent threat to public safety by substantially damaging or submerging a highway, railroad or public airport. Rule 65 of the Vermont Rules of Civil Procedure shall apply to proceedings under this section. In addition to notice required under Rule 65, notice shall be given to the affected municipality and to the Secretary of the Agency of Natural Resources.

(Added 1991, No. 134 (Adj. Sess.), § 3, eff. April 17, 1992.)

§ 38 Transportation Alternatives Grant Program

(a), (b) [Repealed.]

(c) The Transportation Alternatives Grant Program is created. The Grant Program shall be administered by the Agency and shall be funded in the amount provided for in 23 U.S.C. § 133(h), less the funds set aside for the Recreational Trails Program. Awards shall be made to eligible entities as defined under 23 U.S.C. § 133(h), and awards under the Grant Program shall be limited to the activities authorized under federal law and shall not exceed $300,000.00 per grant allocation.

(d) Eligible entities awarded a grant must provide all funds required to match federal funds awarded for a Transportation Alternatives project. All grant awards shall be decided and awarded by the Agency.

(e) Transportation Alternatives grant awards shall be announced annually by the Agency not earlier than December and not later than the following March.

(f)(1) In fiscal year 2024 and thereafter, 50 percent of Grant Program funds, or such lesser sum if all eligible applications amount to less than 50 percent of Grant Program funds, shall be reserved for municipalities for environmental mitigation projects relating to stormwater and highways, including eligible salt and sand shed projects, and the balance of Grant Program funds shall be awarded for any eligible activity and in accordance with the priorities established in subdivision (2) of this subsection.

(2) In evaluating applications for Transportation Alternatives grants, the Agency shall give preferential weighting to projects involving as a primary feature a bicycle or pedestrian facility. The degree of preferential weighting and the circumstantial factors sufficient to overcome the weighting shall be in the complete discretion of the Agency.

(g) The Agency shall develop an outreach and marketing effort designed to provide information to communities with respect to the benefits of participating in the Transportation Alternatives Grant Program. The outreach and marketing activities shall include apprising municipalities of the availability of grants for salt and sand sheds. The outreach effort should be directed to areas of the State historically underserved by this Program.

(Added 2003, No. 56, § 74, eff. June 4, 2003; amended 2003, No. 160 (Adj. Sess.), § 29, eff. June 9, 2004; 2005, No. 175 (Adj. Sess.), § 63; 2013, No. 12, § 12; 2015, No. 40, § 20; 2017, No. 38, § 7; 2019, No. 59, § 43; 2021, No. 184 (Adj. Sess.), § 20, eff. July 1, 2022.)

§ 39 Agency of Transportation assistance with municipal salt sheds

(a) The Agency of Transportation shall work with municipalities to provide assistance in designing effective, low-cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the multisector general permit (MSGP) issued for Vermont by the U.S. Environmental Protection Agency.

(b) The Agency shall explore opportunities for collocation of State and municipal salt or sand storage facilities where collocation would be appropriate.

(c) The Agency of Transportation shall pursue requests for bid for bulk purchases of prototype salt and sand enclosures that would be available to municipalities for purchase.

(Added 2003, No. 160 (Adj. Sess.), § 45, eff. June 9, 2004.)

§ 40 Repealed

[Repealed]

2009, No. 123 (Adj. Sess.), § 24(1).

§ 41 Repealed

[Repealed]

2011, No. 162 (Adj. Sess.), § E.110.

§ 42 Reports preserved; consolidated transportation report

(a) Notwithstanding 2 V.S.A. § 20(d), the reports or reporting requirements of this section, sections 10g and 12a, and subsections 7(k), 10b(d), 11f(i), and 12b(d) of this title shall be preserved absent specific action by the General Assembly repealing the reports or reporting requirements.

(b) Annually, on or before January 15, the Agency shall submit a consolidated transportation system and activities report to the House and Senate Committees on Transportation. The report shall consist of:

(1) Financial and performance data of all public transit systems, as defined in 24 V.S.A. § 5088(6), that receive operating subsidies in any form from the State or federal government, including subsidies related to the Elders and Persons with Disabilities Transportation Program for service and capital equipment. This component of the report shall:

(A) be developed in cooperation with the Public Transit Advisory Council;

(B) be modeled on the Federal Transit Administration’s National Transit Database Program with such modifications as appropriate for the various services and guidance found in the most current State policy plan; and

(C) show as a separate category financial and performance data on the Elders and Persons with Disabilities Transportation Program.

(2) Data on pavement conditions of the State highway system.

(3) A description of the conditions of bridges, culverts, and other structures on the State highway system and on town highways.

(4) Department of Motor Vehicles data, including the number of vehicle registrations and licenses issued, revenues by category, transactions by category, commercial motor vehicle statistics, and any other information the Commissioner deems relevant.

(5) A summary of updates to the Agency’s strategic plans and performance measurements used in its strategic plans.

(6) A summary of the statuses of aviation, rail, and public transit programs.

(7) Data and statistics regarding highway safety, including trends in vehicle crashes and fatalities, traffic counts, and trends in vehicle miles traveled.

(8) An overview of operations and maintenance activities, including winter maintenance statistics.

(9) A list of projects for which the construction phase was completed during the most recent construction season.

(10) Such other information that the Secretary determines the Committees on Transportation need to perform their oversight role.

(Added 2011, No. 153 (Adj. Sess.), § 33; amended 2013, No. 12, § 12a; 2013, No. 167 (Adj. Sess.), § 22; 2017, No. 154 (Adj. Sess.), § 4c, eff. May 21, 2018; 2021, No. 105 (Adj. Sess.), § 351, eff. July 1, 2022.)

§ 43 State highway closures

(a) For purposes of this section, the phrase “planned closure of a State highway” means the closure of a State highway for more than 48 hours for a project that is part of the State’s annual Transportation Program. The phrase does not include emergency projects or closures of 48 hours or less for maintenance work.

(b) Before the planned closure of a State highway, the Agency shall:

(1) contact the legislative body of any municipality affected by the closure to determine whether the legislative body wishes to convene a regional public meeting for the purpose of hearing public concerns regarding the planned closure; and

(2) conduct a regional public meeting if requested by the legislative body of a municipality affected by the closure.

(c) To address concerns raised at a meeting held pursuant to subsection (b) of this section or otherwise to reduce adverse impacts of the planned closure of a State highway, the Agency shall consult with other State agencies and departments, regional chambers of commerce, regional planning commissions, local legislative bodies, emergency medical service organizations, school officials, and area businesses to develop mitigation strategies.

(d) In developing mitigation strategies, the Agency shall consider the need to provide a level of safety for the traveling public comparable to that available on the segment of State highway affected by the planned closure. If the Agency finds town highways unsuitable for a signed detour, the Agency will advise local legislative bodies of the reasons for its determination.

(Added 2011, No. 153 (Adj. Sess.), § 45; amended 2013, No. 12, § 20.)

§ 44 Statewide Property Parcel Mapping Program

(a) Purpose. The purpose of the Statewide Property Parcel Mapping Program is to:

(1) develop a statewide property parcel data layer;

(2) ensure regular maintenance, including updates, of the data layer; and

(3) make property parcel data available to State agencies and departments, regional planning commissions, municipalities, and the public.

(b) Property Parcel Data Advisory Board. The Property Parcel Data Advisory Board (Board) is created for the purpose of monitoring the Statewide Property Parcel Mapping Program and making recommendations to the Agency of how the Program can be improved to enhance the usefulness of statewide property parcel data for State agencies and departments, regional planning commissions, municipalities, and the public. The Board shall comprise:

(1) the Secretary of Transportation or designee, who shall serve as chair;

(2) the Secretary of Natural Resources or designee;

(3) the Secretary of Commerce and Community Development or designee;

(4) the Commissioner of Taxes or designee;

(5) a representative of the Vermont Association of Planning and Development Agencies;

(6) a representative of the Vermont League of Cities and Towns; and

(7) a land surveyor licensed under 26 V.S.A. chapter 45 designated by the Vermont Society of Land Surveyors.

(c) Meetings of Board. The Board shall meet at the call of the chair or at the request of a majority of its members. The Agency shall provide administrative assistance to the Board and such other assistance as the Board may require to carry out its duties.

(d) Standards. The Agency shall update the statewide property parcel data layer in accordance with the standards of the Vermont Geographic Information System (VGIS), as specified in 10 V.S.A. § 123 (powers and duties of Vermont Center for Geographic Information).

(e) Funding sources. Federal transportation funds shall be used for the development and operation of the Program. In fiscal year 2018 and in succeeding fiscal years, the Agency shall make every effort to ensure that all State matching funds are provided by other State agencies or external partners, or both, that benefit from the Program.

(Added 2015, No. 158 (Adj. Sess.), § 37.)

§ 45 Heating systems

(a) In accordance with the renewable energy goals set forth in the State Comprehensive Energy Plan, the Agency of Transportation shall strive to meet not less than 35 percent of its thermal energy needs from non-fossil fuel sources by 2025 and 45 percent by 2035.

(1) In order to meet these goals, the Agency will need to use more renewable fuels, such as local wood fuels, to heat its buildings and continue to increase its use of electricity that is generated from renewable sources.

(2) When building new Agency facilities or replacing heating equipment that has reached the end of its useful lifespan, the Agency shall prioritize switching to high-efficiency, advanced heating systems.

(b) On or before October 1 every other year, the Agency shall report to the Department of Buildings and General Services the percentage of the Agency’s thermal energy usage during each of the previous two fiscal years that came from fossil fuels and from non-fossil fuels. The Agency shall report its non-fossil fuel percentage by fuel source and shall identify each type and amount of wood fuel used.

(Added 2023, No. 148 (Adj. Sess.), § 3, eff. July 1, 2024.)

Chapter 3 Town Highways

§ 301 Definitions

As used in this chapter:

(1) “Discontinued highway” means a previously designated class 1, 2, 3, or 4 town highway as to which, through the process of discontinuance, all rights have been reconveyed to the adjoining landowners.

[Subdivision (2) effective until April 1, 2026; see also subdivision (2) effective April 1, 2026 set out below.]

(2) “Legislative body” includes boards of selectmen, aldermen, and village trustees.

[Subdivision (2) effective April 1, 2026; see also subdivision (2) effective until April 1, 2026 set out above.]

(2) “Legislative body” means a legislative body as defined in 24 V.S.A. § 2001.

[Subdivision (3) effective until April 1, 2026; see also subdivision (3) effective April 1, 2026 set out below.]

(3) “Selectmen” includes village trustees and aldermen.

[Subdivision (3) effective April 1, 2026; see also subdivision (3) effective until April 1, 2026 set out above.]

(3) “Selectboard” means a selectboard as defined in 24 V.S.A. § 2001.

(4) “Pent road” is any town highway that, by written allowance of the selectmen, is enclosed and occupied by the adjoining landowner with unlocked stiles, gates, and bars in such places as the selectmen designate.

(5) “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.

(6) “Town” includes incorporated villages and cities.

(7) “Town highways” are class 1, 2, 3, and 4 highways:

(A) that the towns have authority to exclusively or cooperatively maintain; or

(B) that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.

[Subdivision (8) effective until April 1, 2026; see also subdivision (8) effective April 1, 2026 set out below.]

(8) “Trail” means a public right-of-way that is not a highway and that:

(A) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or

(B) a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use. Nothing in this section shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of selectmen to reasonably regulate the uses of recreational trails.

[Subdivision (8) effective April 1, 2026; see also subdivision (8) effective until April 1, 2026 set out above.]

(8)(A) “Trail” means a public right-of-way that is not a highway and that:

(i) municipalities have the authority to exclusively or cooperatively maintain pursuant to the provisions of this chapter; and

(ii)(I) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or

(II) a new public right-of-way laid out as a trail by the legislative body for the purpose of providing access to abutting properties or for recreational use.

(B) Nothing in this subdivision (8) shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of legislative bodies to reasonably regulate the uses of recreational trails.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 1; 2009, No. 50, § 89; 2025, No. 66, § 45, eff. April 1, 2026.)

§ 302 Classification of town highways

(a) For the purposes of this section and receiving State aid, all town highways shall be categorized into one or another of the following classes:

(1) Class 1 town highways are those town highways that form the extension of a State highway route and that carry a State highway route number. The Agency shall determine which highways are to be class 1 highways.

[Subdivision (a)(2) effective until April 1, 2026; see also subdivision (a)(2) effective April 1, 2026 set out below.]

(2) Class 2 town highways are those town highways selected as the most important highways in each town. As far as practicable, they shall be selected with the purposes of securing trunk lines of improved highways from town to town and to places that by their nature have more than normal amount of traffic. The selectmen, with the approval of the Agency, shall determine which highways are to be class 2 highways.

[Subdivision (a)(2) effective April 1, 2026; see also subdivision (a)(2) effective until April 1, 2026 set out above.]

(2) Class 2 town highways are those town highways selected as the most important highways in each town. As far as practicable, they shall be selected with the purposes of securing trunk lines of improved highways from town to town and to places that by their nature have more than normal amount of traffic. The legislative body, with the approval of the Agency, shall determine which highways are to be class 2 highways.

(3) Class 3 town highways:

[Subdivision (a)(3)(A) effective until April 1, 2026; see also subdivision (a)(3)(A) effective April 1, 2026 set out below.]

(A) Class 3 town highways are all traveled town highways other than class 1 or 2 highways. The selectmen, after conference with a representative of the Agency, shall determine which highways are class 3 town highways.

[Subdivision (a)(3)(A) effective April 1, 2026; see also subdivision (a)(3)(A) effective until April 1, 2026 set out above.]

(A) Class 3 town highways are all traveled town highways other than class 1 or 2 highways. The legislative body, after conference with a representative of the Agency, shall determine which highways are class 3 town highways.

(B) The minimum standards for class 3 highways are a highway negotiable under normal conditions all seasons of the year by a standard manufactured pleasure car. This would include sufficient surface and base, adequate drainage, and sufficient width capable to provide winter maintenance, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 3 highway, or section of highway, should be plowed and made negotiable during the winter. However, a property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

(C) A highway not meeting these standards may be reclassified as a provisional class 3 highway if within five years of the determination it will meet all class 3 highway standards.

(4) Class 4 town highways are all town highways that are not class 1, 2, or 3 town highways or unidentified corridors. The selectboard shall determine which highways are class 4 town highways.

[Subdivision (a)(5) effective until April 1, 2026; see also subdivision (a)(5) effective April 1, 2026 set out below.]

(5) Trails shall not be considered highways and the town shall not be responsible for any maintenance, including culverts and bridges.

[Subdivision (a)(5) effective April 1, 2026; see also subdivision (a)(5) effective until April 1, 2026 set out above.]

(5) Trails shall not be considered highways. A municipality shall have the authority to maintain trails but shall not be responsible for any maintenance, including culverts and bridges.

(6) Unidentified corridors.

(A) Unidentified corridors are town highways that:

(i) have been laid out as highways by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and

(ii) do not, as of July 1, 2010, appear on the town highway map prepared pursuant to section 305 of this title; and

(iii) are not otherwise clearly observable by physical evidence of their use as a highway or trail; and

(iv) are not legal trails.

(B) If the conditions in subdivisions (A)(i) and (A)(ii) of this subdivision (6) are met, the legislative body of a municipality or its appointee may, after providing 14 days’ advance written notice to the owners of the land upon which the unidentified corridor is located, enter private property to determine whether clearly observable physical evidence exists.

(C) Unidentified corridors shall be open to use by the public, but only in the same manner as they were used during the 10 years prior to January 1, 2006.

(D) A municipality shall not be responsible for maintenance of an unidentified corridor.

(E) Neither the municipality nor any person owning a legal interest in land through which an unidentified corridor may pass or abut shall have a duty of care to persons using the corridor.

(F) An unidentified corridor shall not be deemed to be a subdivision with respect to zoning, tax, and septic issues.

(G) After July 1, 2015, an unidentified corridor shall be discontinued, and the right-of-way shall belong to the owner of the adjoining land. If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

(H) An unidentified corridor shall not create a subdivision with respect to zoning, tax, and septic issues. If the unidentified corridor is reclassified as a class 1, 2, 3, or 4 highway or as a trail, the then- highway or trail shall be recognized as any other highway or trail for the purpose of creating a subdivision with respect to zoning, tax, and septic issues.

(7) Reclassification of unidentified corridors. On or by July 1, 2015 and pursuant to chapter 7, subchapter 2 of this title, an unidentified corridor may be reclassified as a class 1, 2, 3, or 4 highway or as a trail.

(b) The Agency may require any municipality that fails to comply with the class 3 provisional commitments to return all State aid generated by the section or sections of highways involved.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 10; 1993, No. 172 (Adj. Sess.), § 19; 1999, No. 156 (Adj. Sess.), § 27, eff. May 29, 2000; 2005, No. 178 (Adj. Sess.), § 1; 2007, No. 158 (Adj. Sess.), § 2; 2025, No. 66, § 45, eff. April 1, 2026.)

§ 303 Town highway control [Effective until April 1, 2026]

Town highways shall be under the general supervision and control of the selectmen of the town where the roads are located. Selectmen shall supervise all expenditures.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 303 Town highway control [Section 303 effective April 1, 2026; see also section 303 effective until April 1, 2026 set out in bound volume.]

Town highways shall be under the general supervision and control of the legislative body of the town where the roads are located. The legislative body of a town shall supervise all expenditures.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2025, No. 66, § 45, eff. April 1, 2026.)

§ 304 Duties of selectboard

(a) It shall be the duty and responsibility of the selectboard of the town to, or acting as a board, it shall have the authority to:

(1) See that town highways and bridges are properly laid out, constructed, maintained, altered, widened, vacated, discontinued, and operated, when the safety of the public requires, in accordance with the provisions of this title.

(2) Take any action consistent with the provisions of law, including determinations made pursuant to subdivision 302(a)(3)(B) or subsection 310(a) of this title, that are necessary for or incidental to the proper management and administration of town highways.

(3) Purchase tools, equipment, and materials necessary for the construction, maintenance, or repair of highways and bridges, and to incur indebtedness from the municipal equipment loan fund as established in 29 V.S.A. § 1601 for these purchases. It may contract with governmental or private agencies for the use of tools, equipment, road building material, and services.

(4) Order hills graded, surfaces graveled, or treated with a dust layer, or surface treated with bituminous material, upon any town highway either laid out by them or already existing.

(5) Grant permission to enclose pent roads and trails by the owner of the land during any part of the year, by erecting stiles, unlocked gates, and bars in the places designated and to make regulations governing the use of pent roads and trails and to establish penalties not to exceed $50.00, for noncompliance. Permission shall be in writing and recorded in the town clerk’s office.

(6) Make special regulations as to the operation, use, and parking of motor vehicles on highways under their jurisdiction, as provided in Title 23.

(7) Make special regulations as to the speed of motor vehicles using the highways under their jurisdiction, as provided in Title 23.

(8) Lay out winter roads and lumber roads pursuant to chapter 9 of this title.

(9) Change the course of a stream, pursuant to chapter 9 of this title.

(10) Erect embankment on stream, pursuant to chapter 9 of this title.

(11) Construct a watercourse, drain, or ditch from a highway across lands of any person, pursuant to chapter 9 of this title.

(12) Lay out, alter, classify, and discontinue town highways, pursuant to chapter 7 of this title.

(13) Forward the town’s annual plan for the construction and maintenance of town highways to the agency of transportation.

(14) Keep accurate accounts, showing in detail all monies received by them including from whom and when received and all monies paid out by them, to whom and for what purpose, and settle the accounts with auditors not less than 25 days before the annual meeting.

(15) Receive grant funds and gifts from public and private sources.

[Subdivision (a)(16) effective until April 1, 2026; see also subdivision (a)(16) effective April 1, 2026 set out below.]

(16) Unless the town electorate votes otherwise, under the provisions of 17 V.S.A. § 2646, appoint a road commissioner, or remove him or her from office, pursuant to 17 V.S.A. § 2651. Road commissioners, elected or appointed, shall have only the powers and authority regarding highways granted to them by the selectboard.

[Subdivision (a)(16) effective April 1, 2026; see also subdivision (a)(16) effective until April 1, 2026 set out above.]

(16) Unless the town electorate votes otherwise, under the provisions of 17 V.S.A. § 2646, appoint a road commissioner, or remove the road commissioner from office, pursuant to 17 V.S.A. § 2651. Road commissioners, elected or appointed, shall have only the powers and authority regarding highways granted to them by the selectboard.

(17) Number houses and name highways if desired.

(18) Participate in cooperative purchasing arrangements with the State or other municipalities.

(19) Prepare a transportation plan and capital budget for transportation for voter approval.

(20) Retain staff and consultant assistance if needed in carrying out duties and powers.

(21) Issue permits for work in highway rights-of-way pursuant to chapter 11 of this title.

(22) Regulate the location and relocation of utility wires and poles pursuant to 30 V.S.A. chapter 71.

(23) Publish and adopt after public hearing(s) road specifications for highways to be built or rebuilt within the town in compliance with applicable statutes.

[Subdivision (a)(24) effective April 1, 2026.]

(24) Maintain trails, but shall not be required to maintain trails.

(b) Nothing in this chapter shall be construed to affect the rights and powers conferred on incorporated villages and cities by their charters to appoint street commissioners, collect and disburse highway taxes, and repair and maintain highways under their care.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), § 28, eff. May 29, 2000; 2001, No. 64, § 21, eff. June 16, 2001; 2025, No. 66, § 45, eff. April 1, 2026.)

§ 305 Measurement and inspection

(a) After reasonable notice to the selectboard, a representative of the Agency may measure and inspect the class 1, 2, and 3 town highways in each town to verify the accuracy of the records on file with the Agency. Upon request, the selectboard or its designee shall be permitted to accompany the representative of the Agency during the measurement and inspection. The Agency shall notify the town when any highway, or portion of a highway, does not meet the standards for its assigned class. If the town fails, within one year, to restore the highway or portion of the highway to the accepted standard, or to reclassify, or to discontinue, or develop an acceptable schedule for restoring to the accepted standards, the Agency for purposes of apportionment under section 306 of this title shall deduct the affected mileage from that assigned to the town for the particular class of the road in question.

(b) Annually, on or before February 10, the selectboard shall file with the town clerk a sworn statement of the description and measurements of all class 1, 2, 3, and 4 town highways and trails then in existence, including any special designation such as a throughway or scenic highway. When class 1, 2, 3, or 4 town highways, trails, or unidentified corridors are accepted, discontinued, or reclassified, a copy of the proceedings shall be filed in the town clerk’s office and a copy shall be forwarded to the Agency.

(d) At least 45 days prior to first including a town highway or trail that is not clearly observable by physical evidence of its use as a highway or trail and that is legally established prior to February 10, 2006 in the sworn statement required under subsection (b) of this section, the legislative body of the municipality shall provide written notice and an opportunity to be heard at a duly warned meeting of the legislative body to persons owning lands through which a highway or trail passes or abuts.

(e) The Agency shall not accept any change in mileage until the records required to be filed in the town clerk’s office by this section are received by the Agency. A request by a municipality to the Agency for a change in mileage shall include a description of the affected highway or trail, a copy of any surveys of the affected highway or trail, minutes of meetings at which the legislative body took action with respect to the changes, and a current town highway map with the requested deletions and additions sketched on it. A survey shall not be required for class 4 town highways that are legally established prior to February 10, 2006. All records filed with the Agency are subject to verification in accordance with subsection (a) of this section.

(f) The selectboard of any town who are aggrieved by a finding of the Agency concerning the measurement, description, or classification of a town highway may appeal to the Transportation Board by filing a notice of appeal with the Executive Secretary of the Transportation Board.

(g) The Agency shall provide each town with a map of all of the highways in that town, together with the mileage of each class 1, 2, 3, and 4 highway, as well as each trail, and such other information as the Agency deems appropriate.

(h) Notwithstanding the provisions of chapter 7, subchapter 7 of this title, on or before July 1, 2010, a municipality’s legislative body may vote to discontinue all town highways that are not otherwise clearly observable by physical evidence of their use as a highway or trail and that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section. For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

(1) a petition has been filed with the legislative body by persons who are either voters or landowners, and whose number is at least five percent of the voters in a municipality desiring to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection; or

(2) the legislative body has voted at an annual or special meeting duly warned for the purpose to include that town highway on the sworn certificate of the description and measurement of town highways, prior to the vote taken under this subsection.

(i)(1) Prior to a vote to discontinue town highways provided in subsection (h) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 30 days prior to the hearing in at least two public places within the municipality and in the town clerk’s office. The notice shall include the most recently available map of all town highways prepared by the Agency of Transportation pursuant to subsection (g) of this section. At least 30 days prior to the hearing, the legislative body shall also deliver the warning and map together with proof of receipt or mail by certified mail, return receipt requested, to each of the following:

(A) the chair of any municipal planning commission in the municipality;

(B) the chair of a conservation commission, established under 24 V.S.A. chapter 118, in the municipality;

(D) the executive director of the regional planning commission of the area in which the municipality is located;

(E) the Commissioner of Forests, Parks and Recreation; and

(F) the Secretary of Transportation.

(2) The hearing shall be held within the 10 days preceding the meeting at which the legislative body will vote whether to discontinue all town highways as provided in subsection (h) of this section.

(j) The legislative body may designate a specific highway or portion thereof proposed to be discontinued as a trail, in which case the right-of-way shall be continued at the width provided for in section 702 of this title. A designation of a highway or portion thereof as a trail under the provisions of this section shall be in writing, setting forth a complete description of the highway or portion thereof so designated. For all highways not designated as a trail and discontinued pursuant to this section, title to the rights-of-way shall belong to the owners of the abutting lands. If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side. The legislative body shall return a report of its actions to the town clerk’s office and the Agency of Transportation.

(k) A vote pursuant to subsection (h) of this section may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose pursuant to a petition that is:

(1) signed by not less than five percent of the qualified voters of the municipality; and

(2) presented to the legislative body or the clerk of the municipality within 44 days following the vote taken pursuant to subsection (h) of this section.

(l) When a petition is submitted in accordance with subsection (k) of this section, the legislative body shall call a special meeting within 60 days from the date of receipt of the petition or include an article in the warning for the next annual meeting of the municipality if the annual meeting falls within the 60-day period to determine whether the voters will disapprove the discontinuance of town highways as provided in subsection (h) of this section.

(m) No fewer than two copies of a notice that the legislative body has voted to discontinue all town highways as provided in subsection (h) of this section shall be posted at each polling place during the hours of voting, and copies thereof shall be made available to voters at the polls upon request.

(n) If a petition for an annual or a special meeting is duly submitted in accordance with this section to determine whether the vote of the legislative body to discontinue all town highways as provided in subsection (h) of this section shall be disapproved by the voters of the municipality, the discontinuance shall take effect on the conclusion of the meeting or at such later date as is specified in the discontinuance unless a majority of the qualified voters voting on the question at the meeting vote to disapprove the discontinuance, in which event it shall not take effect.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 21a, eff. April 25, 1995; 2005, No. 178 (Adj. Sess.), § 2; 2007, No. 158 (Adj. Sess.), § 3; 2009, No. 50, §§ 69, 70.)

§ 306 Appropriation; State aid for town highways

(a) General State aid to town highways.

(1) An annual appropriation to class 1, 2, and 3 town highways shall be made. This appropriation shall increase over the previous fiscal year’s appropriation by the same percentage change as the following, whichever is less, or shall remain at the previous fiscal year’s appropriation if either of the following are negative or zero:

(A) the percentage change of the Agency’s total appropriations funded by Transportation Fund revenues, excluding appropriations under this subsection (a) and subsections (e) and (h) of this section, for the most recently closed fiscal year as compared to the fiscal year immediately preceding the most recently closed fiscal year; or

(B) the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U).

(2) For purposes of subdivision (1)(B) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the appropriation will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the appropriation will be made.

(3) The funds appropriated shall be distributed to towns as follows:

(A) Six percent of the State’s annual town highway appropriation shall be apportioned to class 1 town highways. The apportionment for each town shall be that town’s percentage of class 1 town highways of the total class 1 town highway mileage in the State.

(B) Forty-four percent of the State’s annual town highway appropriation shall be apportioned to class 2 town highways. The apportionment for each town shall be that town’s percentage of class 2 town highways of the total class 2 town highway mileage in the State.

(C) Fifty percent of the State’s annual town highway appropriation shall be apportioned to class 3 town highways. The apportionment for each town shall be that town’s percentage of class 3 town highways of the total class 3 town highway mileage in the State.

(D) Monies apportioned under subdivisions (1), (2), and (3) of this subsection (a) shall be distributed to each town in quarterly payments beginning July 15 in each year.

(E) Each town shall use the monies apportioned to it solely for town highway construction, improvement, and maintenance purposes or as the nonfederal share for public transit assistance. These funds may also be used for the establishment and maintenance of bicycle routes and sidewalks. The members of the selectboard shall be personally liable to the State, in a civil action brought by the Attorney General, for making any unauthorized expenditures from money apportioned to the town under this section.

(b) Supplemental State aid for multilane class 1 town highways. There shall be an annual appropriation for supplemental aid to municipalities having class 1 town highways with more than two lanes. The Agency shall distribute this aid on the basis of its measurement of the additional class 1 town highway lanes. The Secretary may adopt rules to govern apportionment of supplemental aid.

(c) State aid for town highway bridges. There shall be an annual appropriation for town bridge engineering services and for aid in maintaining or constructing bridges having a span of six feet or more on class 1, 2, and 3 town highways. Annually, the Agency shall expend these funds according to the Transportation Program approved by the General Assembly. With the approval of the Agency, funds may be used for alternatives that eliminate the need for a bridge or bridges, including construction or reconstruction of highways, purchase of parcels of land that would be landlocked by closure of a bridge or bridges, payment of damages for loss of highway access, and substitution of other means of access.

(d) State aid for nonfederal disasters. There shall be an annual appropriation for emergency aid in repairing, building, or reconstructing class 1, 2, or 3 town highways and for repairing or replacing drainage structures including bridges on class 1, 2, 3, and 4 town highways damaged by natural or man-made disasters. Eligibility for use of emergency aid under this appropriation shall be subject to the following criteria:

(1) The Secretary of Transportation shall determine that the disaster is of such magnitude that State aid is both reasonable and necessary to preserve the public good. If total cumulative damages to town highways and drainage structures are less than the value of 10 percent of the town’s overall total highway budget excluding the town’s winter maintenance budget, the disaster shall not qualify for assistance under this subsection.

(2) The disaster shall not qualify for major disaster assistance from the Federal Emergency Management Agency (FEMA) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et seq., or from the Federal Highway Administration (FHWA) under the 23 C.F.R. Part 668 Emergency Relief Program for federal-aid highways.

(3) Towns shall be eligible for reimbursement for repair or replacement costs of either up to 90 percent of the eligible repair or replacement costs or the eligible repair or replacement costs, minus an amount equal to 10 percent of the overall total highway budget, minus the town’s winter maintenance budget, whichever is greater.

(4) For towns that have adopted road and bridge standards, eligibility for reimbursement for repair or replacement of infrastructure shall be to those standards. For towns that have not adopted these standards, eligibility for reimbursement for repair or replacement of infrastructure shall be limited to the specifications of the infrastructure that preexisted the emergency event; however, the repair or replacement shall be to standards approved by the Agency of Transportation.

(5) For a drainage structure on a class 4 town highway to be eligible for repair or replacement under this subsection, the town must document that it maintained the structure prior to the nonfederal disaster.

(6) Such additional criteria as may be adopted by the Agency of Transportation through rulemaking under 3 V.S.A. chapter 25.

(e) State aid for town highway structures.

(1) There shall be an annual appropriation for grants to municipalities for maintenance (including actions to extend life expectancy) and for construction of bridges and culverts; for maintenance and construction of other structures, including causeways and retaining walls, intended to preserve the integrity of the traveled portion of class 1, 2, and 3 town highways; and for alternatives that eliminate the need for a bridge, culvert, or other structure, such as the construction or reconstruction of a highway, the purchase of parcels of land that would be landlocked by closure of a bridge, the payment of damages for loss of highway access, and the substitution of other means of access. This appropriation shall increase over the previous fiscal year’s appropriation by the same percentage change as the following, whichever is less, or shall remain at the previous fiscal year’s appropriation if either of the following are negative or zero:

(A) the percentage change in the Agency’s total appropriations funded by Transportation Fund revenues, excluding appropriations under this subsection (e) and subsections (a) and (h) of this section, for the most recently closed fiscal year as compared to the fiscal year immediately preceding the most recently closed fiscal year; or

(B) the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U).

(3) Each fiscal year, the Agency shall approve qualifying projects with a total estimated State share cost of $7,200,000.00 at a minimum as new grants. Beginning with State fiscal year 2027, the minimum total estimated State share cost for the approved grants shall increase over the prior fiscal year’s minimum total estimated State share cost by the same percentage as the appropriation for State aid for town highway structures is increased pursuant to subdivision (1) of this subsection.

(4) In a given fiscal year, should expenditures in the Town Highway Structures Program exceed the amount appropriated, the Agency shall advise the Governor of the need to request a supplemental appropriation from the General Assembly to fund the additional project cost, provided that the Agency has previously committed to completing those projects.

(5) Funds received as grants for State aid for town highway structures may be used by a municipality to satisfy a portion of the matching requirements for federal earmarks, subject to subsection 309b(c) of this title.

(f) State aid for federal disasters.

(1) Towns receiving assistance under the Federal Highway Administration’s Emergency Relief Program for federal-aid highways shall be eligible for State aid when a nonfederal match is required. Eligibility for aid under this subsection shall be subject to the following criteria:

(A) Towns shall be responsible for up to 10 percent of the total eligible project costs.

(B) For towns that have adopted road and bridge standards, eligibility for reimbursement for repair or replacement of infrastructure shall be to those standards. For towns that have not adopted these standards, eligibility for reimbursement for repair or replacement of infrastructure shall be limited to the specifications of the infrastructure that preexisted the emergency event; however, the repair or replacement shall be to standards approved by the Agency.

(2) Notwithstanding 32 V.S.A. § 706 and the limits on authorized program spending in an approved Transportation Program, the Secretary may transfer appropriations between the Program created in this subsection and the State Aid for Nonfederal Disasters Program created in subsection (d) of this section.

(g) [Repealed.]

(h) Class 2 Town Highway Roadway Program.

(1) There shall be an annual appropriation for grants to municipalities for resurfacing, rehabilitation, or reconstruction of paved or unpaved class 2 town highways. Municipalities that have no State highways or class 1 town highways within their borders may use the grants for such activities with respect to both class 2 and class 3 town highways. This appropriation shall increase over the previous fiscal year’s appropriation by the same percentage change as the following, whichever is less, or shall remain at the previous fiscal year’s appropriation if either of the following are negative or zero:

(A) the percentage change in the Agency’s total appropriations funded by Transportation Fund revenues, excluding appropriations under this subsection (h) and subsections (a) and (e) of this section, for the most recently closed fiscal year as compared to the fiscal year immediately preceding the most recently closed fiscal year; or

(B) the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U).

(3) Each fiscal year, the Agency shall approve qualifying projects with a total estimated State share cost of $8,600,000.00 at a minimum as new grants. Beginning with State fiscal year 2027, the minimum total estimated State share cost for the approved grants shall increase over the prior fiscal year’s minimum total estimated State share cost by the same percentage as the appropriation for the Class 2 Town Highway Roadway Program is increased pursuant to subdivision (1) of this subsection.

(4) In a given fiscal year, should expenditures in the Class 2 Town Highway Roadway Program exceed the amount appropriated, the Agency shall advise the Governor of the need to request a supplemental appropriation from the General Assembly to fund the additional project cost, provided that the Agency has previously committed to completing those projects. Funds received as grants for State aid under the Class 2 Town Highway Roadway Program may be used by a municipality to satisfy a portion of the matching requirements for federal earmarks, subject to subsection 309b(c) of this title.

(i) Municipal Mitigation Assistance Program. The Agency shall administer the Municipal Mitigation Assistance Program. Through the Program, the Agency shall provide assistance and grants to municipalities for environmental mitigation projects related to stormwater and highways and for the establishment and operation of stormwater utilities. Municipalities shall match grants with local funds sufficient to cover 20 percent of the project costs, except that the Agency may issue grants for the establishment or operation of stormwater utilities without requiring a local match. From the operating expenses appropriated for the Program, the Agency is authorized to pay costs billed to the Agency by municipal stormwater utilities.

(j) Annual town plan. Within 60 days of adoption of the town’s municipal budget, the selectboard of each town shall forward to the Agency on forms provided by the Agency a plan for the maintenance and construction of all highways under the selectboard’s control for the following year. The plan shall be made with the advice of the district transportation administrator.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 11; 1993, No. 211 (Adj. Sess.), § 12, eff. June 17, 1994; 1995, No. 183 (Adj. Sess.), § 13, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 5, eff. April 27, 1998; 1999, No. 95 (Adj. Sess.), § 3; 2001, No. 64, § 13, eff. June 16, 2001; 2001, No. 141 (Adj. Sess.), § 30; 2003, No. 160 (Adj. Sess.), §§ 18, 51, eff. June 9, 2004; 2007, No. 75, §§ 18, 19; 2011, No. 62, § 19; 2011, No. 153 (Adj. Sess.), § 25, eff. May 16, 2012; 2015, No. 40, § 21, eff. June 16, 2015; 2015, No. 158 (Adj. Sess.), §§ 6, 23; 2017, No. 38, § 10; 2017, No. 158 (Adj. Sess.), § 19; 2019, No. 59, § 17; 2019, No. 121 (Adj. Sess.), § 15; 2021, No. 20, § 88; 2021, No. 55, § 15; 2023, No. 148 (Adj. Sess.), § 15, eff. July 1, 2024; 2025, No. 43, § 13, eff. July 1, 2025.)

§ 306a Class 1 town highways; Agency responsibility for scheduled surface maintenance

(a) Unless otherwise directed by the legislative body of a municipality, the Agency shall assume direct responsibility for scheduled surface maintenance of all class 1 town highways at no expense to the municipality. The class 1 town highways shall be included in the Agency’s pavement management system and analyzed for resurfacing needs and considered for programming of available federal and State funds on the same basis as State highways.

(b) The provisions of this section shall not affect any legislative body’s jurisdiction over class 1 town highways or any municipality’s responsibility for general maintenance of class 1 town highways, including spot patching, traffic control devices, curbs, sidewalks, drainage, and snow removal.

(c) Notwithstanding the provisions of this section, major reconstruction of class 1 town highways, beyond the usual scope of resurfacing, shall continue to be a municipal responsibility, subject to availability of federal and State aid under chapter 15 of this title and payment of the uniform local share under section 309a of this title.

(Added 1993, No. 61, § 11, eff. June 3, 1993; amended 1995, No. 183 (Adj. Sess.), § 18c, eff. May 22, 1996; 2021, No. 20, § 89.)

§ 307 Minimum town budget

Each town shall annually appropriate a highway budget equivalent to or greater than a sum of at least $300.00 per mile for each mile of class 1, 2, and 3 town highways within the town or it shall not be eligible for aid under this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2001, No. 64, § 14, eff. June 16, 2001.)

§ 308 Compliance with provisions

A town shall not be entitled to receive money from the State under this chapter in any year until it has complied with the provisions of this chapter.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 309 Highway work by State for towns

(a) When requested by the legislative body of a municipality, the Agency may, by agreement with these officials, do any construction or maintenance work on any town highway or bridge under the jurisdiction of the legislative body.

(b) When requested by the legislative body of a municipality, the Agency may contract the work. The Agency in all such cases shall furnish plans and specifications upon which the contract shall be awarded by the legislative body or, if it has been agreed that the Agency should make the contract award, the Agency, to the lowest responsible bidder. All work shall be done to the satisfaction of and in accordance with the requirements of the Agency.

(c) Upon demand of the Agency, the municipality shall reimburse the State for the municipality’s share of expenditures made under this section, and the amount repaid shall be deposited into the State Treasury and credited to the fund from which the cost of the work was paid. The Agency is authorized to provide for the payment of interest on unpaid balances owed the State for more than 30 days after demand is made.

(d) To secure reimbursement to the State for the local share of a project, the Secretary and the legislative body of a municipality may enter into agreements for the deposit of municipal funds in an interest-bearing escrow account or for posting of a surety bond.

(e) The Agency’s materials laboratory may perform tests for other units of federal, State, and local government. The Agency shall be reimbursed for the costs of the tests.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 9, eff. May 15, 1992; 1993, No. 61, § 13, eff. June 3, 1993.)

§ 309a Local highway work uniform local share; exceptions

(a) Except as provided in subsection (b) or (c) of this section or in sections 309b and 309c of this title, in any case of highway or bridge construction in which a federal/State/local or State/local funding match is authorized, the municipality’s share shall be ten percent of the project costs.

(b) This section shall not apply to:

(1) any bridge replacement project in the Town Highway Bridge Program during the construction of which the municipality closes the bridge and does not construct a temporary bridge for the duration of the project, in which event the local match shall cover five percent of the project costs;

(2) any project phase for which a municipality already has provided for payment of its share by issuing bonds or funding a reserve established under a capital improvement plan;

(3) any project on a town highway for which the General Assembly has authorized a different federal/State/local funding match; and any project that serves an “economic growth center” as defined in 23 U.S.C. § 143, and for which the General Assembly has authorized a different federal/State/local funding match;

(4) any project involving a bridge, including the approaches to a bridge, that extends between this State and an adjacent state;

(5) any bridge or roadway project involving a local financial share in which the municipality, after its review of the conceptual project plans, chooses not to proceed with the proposed project; in such circumstances, the Agency shall pay 100 percent of the project costs incurred through the date it receives such notification from the municipality;

(6) any project where, by the mutual agreement of the municipality and Agency, rehabilitation of an existing bridge is the preferred alternative, in which case the Agency shall use the appropriate combination of State and federal funding to pay either 95 percent of the cost of rehabilitation, or 97.5 percent if the municipality closes the bridge and does not construct a temporary bridge for the duration of the project; or

(7) any project or portion of a project involving a structure that is part of the Historic Bridge Program, where the Agency shall use the appropriate combination of State and federal funding to pay 100 percent of the cost of rehabilitation.

(c) Notwithstanding the provisions of this section, a municipality’s share of any single project shall not exceed an amount equivalent to the amount that could be raised in one year by increasing the municipality’s tax rate by $0.50. In these cases, the remaining portion of the nonfederal share shall be made up by the Agency, using available State funds.

(d) In any case of highway or bridge construction in which a municipality bears a share of the project costs, the fair market value of any land, material, or services donated by the municipality and used in the project shall be credited to the municipality’s share of the project costs subject to the provisions of 23 U.S.C. § 323 with respect to a federal aid project.

(Added 1989, No. 121, § 11, eff. June 22, 1989; amended 1993, No. 61, § 41, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 2; 1997, No. 38, § 6a, eff. May 28, 1997; 1999, No. 18, § 21, eff. May 13, 1999; 2007, No. 75, § 21; 2011, No. 153 (Adj. Sess.), § 26.)

§ 309b Local match; certain town highway programs

(a) Notwithstanding subsection 309a(a) of this title, grants provided to towns under the Town Highway Structures Program shall be matched by local funds sufficient to cover 20 percent of the project costs, unless the town has adopted road and bridge standards, has completed a network inventory, and has submitted an annual certification of compliance for town road and bridge standards to the Secretary, in which event the local match shall be sufficient to cover 10 percent of the project costs. The Secretary may adopt rules to implement the Town Highway Structures Program. Town highway structures projects receiving funds pursuant to this subsection shall be the responsibility of the applicant municipality.

(b) Notwithstanding subsection 309a(a) of this title, grants provided to towns under the Class 2 Town Highway Roadway Program shall be matched by local funds sufficient to cover 30 percent of the project costs, unless the town has adopted road and bridge standards, has completed a network inventory, and has submitted an annual certification of compliance for town road and bridge standards to the Secretary, in which event the local match shall be sufficient to cover 20 percent of the project costs. The Secretary may adopt rules to implement the Class 2 Town Highway Roadway Program. Class 2 town highway roadway projects receiving funds pursuant to this subsection shall be the responsibility of the applicant municipality, and a municipality shall not receive a grant in excess of $200,000.00.

(c) Notwithstanding subsections 309a(a), (b), and (c) of this title, a municipality may use a grant awarded under the Town Highway Structures Program or the Class 2 Town Highway Roadway Program to provide the nonfederal matching funds required to draw down a federal earmark or to match grants provided to towns under the American Recovery and Reinvestment Act of 2009 (ARRA). In all such cases, the grant shall be matched by local funds as provided in this section. The intended use of a town highway grant as matching funds for a federal earmark or for grants provided to towns under the ARRA shall not entitle a municipal grant applicant to any priority for a grant award in any fiscal year. When grants awarded under the Town Highway Structures Program or the Class 2 Town Highway Roadway Program are used to satisfy nonfederal matching requirements for federal earmarks or for grants provided to towns under the ARRA, the term “project costs” in subsections (a) and (b) of this section shall refer only to the nonfederal match for the federal earmark or for a grant provided to towns under the ARRA.

(Added 1991, No. 175 (Adj. Sess.), § 10, eff. May 15, 1992; amended 1993, No. 211 (Adj. Sess.), § 14, eff. June 17, 1994; 1997, No. 144 (Adj. Sess.), § 6, eff. April 27, 1998; 2001, No. 64, § 15, eff. June 16, 2001; 2005, No. 175 (Adj. Sess.), §§ 56, 57; 2007, No. 75, § 20; 2009, No. 50, § 33; 2009, No. 110 (Adj. Sess.), § 18, eff. July 1, 2011; 2021, No. 55, § 16.)

§ 309c Cancellation of locally managed projects

(a) Notwithstanding section 309a of this title, a municipality or other local sponsor responsible for a locally managed project through a grant agreement with the Agency shall be responsible for the repayment, in whole or in part, of federal funds required by the Federal Highway Administration or other federal agency because of cancellation of the project by the municipality or other local sponsor due to circumstances or events wholly or partly within the municipality’s or other local sponsor’s control. Prior to any such determination that cancellation of a project was due to circumstances or events wholly or partly within a municipality’s or other local sponsor’s control, the Agency shall consult with the municipality or other local sponsor to attempt to reach an agreement to determine the scope of the municipality’s or other local sponsor’s repayment obligation.

(b) Within 15 days of an Agency determination under subsection (a) of this section, a municipality may petition the Board for a hearing to determine if cancellation of the project was due to circumstances or events in whole or in part outside the municipality’s control. The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 30 days thereafter. If the Board determines that cancellation of the project was due in whole or in part to circumstances or events outside the municipality’s control, it shall order that the municipality’s repayment obligation be reduced proportionally, in whole or in part. The municipality shall have no obligation to make a repayment under this section until the Board issues its order.

(Added 2009, No. 123 (Adj. Sess.), § 30.)

§ 309d Repealed

[Repealed]

(Added 2011, No. 34, § 3; repealed by 2023, No. 62, § 34, eff. July 1, 2023.)

§ 310 Highways, bridges, and trails

(a) A town shall keep its class 1, 2, and 3 highways and bridges in good and sufficient repair during all seasons of the year, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 2 or 3 highway, or section of highway, should be plowed and made negotiable during the winter. A property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

(b) Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the standards set forth in section 302 of this title.

(d) For class 2 and 3 highways that have routinely not been plowed and made negotiable prior to July 1, 2000, the process requirements of subdivision 302(a)(3)(B) of this title and subsection (a) of this section shall not be required. A property owner adversely affected by this subsection may request the selectboard to plow and make negotiable a class 2 or 3 town highway. However, a property owner aggrieved by a decision of the selectboard may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), §§ 29, 30, eff. May 29, 2000.)

§ 311 Class 1 and 2 highways; pavement markings

The Agency shall mark all paved class 1 and 2 highways with painted center lines. The selectboard promptly shall notify the district transportation administrator when these markings have been obliterated by resurfacing.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 11, eff. July 1, 1993; 1993, No. 25, § 61a, eff. May 18, 1993; 1995, No. 60, § 22, eff. April 25, 1995.)

§ 312 Repealed

[Repealed]

(Repealed by 2021, No. 157 (Adj. Sess.), § 13, eff. July 1, 2022.)

§ 313 Repealed

[Repealed]

(Repealed by 2021, No. 184 (Adj. Sess.), § 41, eff. July 1, 2022.)

§ 314 Repealed

[Repealed]

(Added 1985, No. 269 (Adj. Sess.), § 1; repealed by 2023, No. 62, § 42(b), eff. July 1, 2023.)

§ 315 Repealed

[Repealed]

(Added 1985, No. 269 (Adj. Sess.), § 1; repealed by 2021, No. 184 (Adj. Sess.), § 42, eff. July 1, 2022.)

§ 316 Removal of covered bridges; notice

When a town or the Agency decide that the destruction or removal of a covered bridge is necessary, whether by discontinuance of the highway or to replace the bridge with another structure or for any other reason, notice of the intent to destroy or remove the bridge shall be posted by the officials in three public places in the town where the bridge is located and published on two consecutive days in a newspaper of general circulation in the town. Copies of the notice shall be sent by certified mail to the Governor and the Director of the Division for Historic Preservation not less than 90 days before destruction or removal is to be started, and the date of the proposed destruction or removal shall be stated in the notice. The requirement for a 90-day warning shall not apply in the event of a serious emergency.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 317 Preservation of historic bridges

(a) The Division for Historic Preservation within the Agency of Commerce and Community Development is authorized to accept transfer from the Agency of Transportation, towns, railroads, or other entities of bridges deemed appropriate for preservation by the Secretary of Transportation and the Secretary of Commerce and Community Development. The Division also is authorized to accept land or interests in land with each such bridge as reasonably necessary to preserve the bridge site and public access to the site.

(b) Transfer of any bridge site or bridge approach to the Division for Historic Preservation under this section shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of the right-of-way for highway or railroad purposes.

(c) The Division for Historic Preservation may adopt such rules as are necessary to preserve, protect, and control the use of historic bridges, bridge sites, and bridge approaches.

(d) The Division for Historic Preservation is authorized to purchase or lease a site or sites for the storage of dismantled historic bridges that are being preserved for possible reconstruction and reuse.

(e) The Division for Historic Preservation is authorized to sell, lease, or otherwise convey the fee or lesser interest to any historic bridge. In all cases where an historic bridge is conveyed, the Division shall prescribe covenants necessary to preserve the historic integrity of the bridge. Any funds obtained from the sale, lease, or conveyance shall be used for the purposes outlined in subsection (a) of this section.

(f) [Repealed.]

(Added 1993, No. 36, § 3; amended 1995, No. 190 (Adj. Sess.), § 1(a), (b); 2011, No. 153 (Adj. Sess.), § 29.)

§ 318 Local Technical Assistance Program; input from municipalities

(a) Prior to submitting a fiscal year Local Technical Assistance Program (LTAP) work plan to the Federal Highway Administration for approval, the Agency shall, in consultation with the Vermont League of Cities and Towns and any other person the Agency deems appropriate, solicit from all Vermont towns, villages, and cities:

(1) input on whether the Agency is providing effective municipal transportation-related technical assistance and training through the LTAP;

(2) recommendations on how to improve the Agency’s operation of the LTAP; and

(3) recommendations for new training, technical assistance, or support functions to be provided through the LTAP.

(b) The Agency shall consider the input and recommendations received from municipalities in developing its annual LTAP work plan.

(c) Upon request, the Agency shall provide the Vermont League of Cities and Towns administrative support in soliciting and collecting municipal input and recommendations.

(Added 2013, No. 167 (Adj. Sess.), § 13.)

§ 319 Better Connections Grant Program

(a) The Better Connections Grant Program is created and shall be administered and staffed by the Policy, Planning and Research Bureau of the Agency in collaboration with the Agency of Commerce and Community Development and the Agency of Natural Resources.

(b) The Program shall be funded through appropriations to the Agency for policy, planning, and research.

(c) The Program shall provide planning grants to aid municipalities to coordinate municipal land use decisions with transportation investments that build community resilience to:

(1) provide a safe, multimodal, and resilient transportation system that supports the Vermont economy;

(2) support downtown and village economic development and revitalization efforts; and

(3) lead directly to project implementation demonstrated by municipal capacity and readiness to implement.

(Added 2023, No. 148 (Adj. Sess.), § 34, eff. July 1, 2024.)

Chapter 5 Condemnation for State Highway Projects

§ 500 Intent

The purpose of this chapter is to ensure that a property owner receives fair treatment and just compensation when the owner’s property is taken for State highway projects, and that condemnation proceedings are conducted expeditiously so that highway projects in the public interest are not unnecessarily delayed.

(Added 2011, No. 126 (Adj. Sess.), § 2.)

§ 501 Definitions

As used in this chapter:

(1) “Necessity” means a reasonable need that 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. Necessity includes a reasonable need for the highway project in general as well as a reasonable need to take a particular property and to take it to the extent proposed. In determining necessity, consideration shall be given to the:

(A) adequacy of other property and locations;

(B) quantity, kind, and extent of cultivated and agricultural land that may be taken or rendered unfit for use, immediately and over the long term, by the proposed taking;

(D) effect of the highway upon the scenic and recreational values of the highway;

(E) need to accommodate present and future utility installations within the highway corridor;

(F) need to mitigate the environmental impacts of highway construction; and

(G) effect upon town grand lists and revenues.

(2) Damages resulting from the taking or use of property under the provisions of this chapter 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” or “property owner” means a person who has a legal interest of record in the property taken or proposed to be taken.

(4) “Highway” shall include park and rides.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 41, eff. April 25, 1995; 2011, No. 126 (Adj. Sess.), § 2; 2017, No. 38, § 16; 2021, No. 20, § 90.)

§ 502 Authority; precondemnation hearing

(a) Authority. The Agency, when in its judgment the interests of the State require, may take any property necessary to lay out, relocate, alter, construct, reconstruct, maintain, repair, widen, grade, or improve any State highway, including affected portions of town highways. In furtherance of these purposes, the Agency may enter upon lands to conduct necessary examinations and surveys; however, the Agency shall do this work with minimum damage to the land and disturbance to the owners and shall be subject to liability for actual damages. All property taken permanently shall be taken in fee simple whenever practicable. The Agency’s acquisition of property pursuant to this chapter, whether by condemnation or conveyance in lieu of condemnation, shall not require subdivision approval under any law, regulation, or municipal ordinance. For all State highway projects involving property acquisitions, the Agency shall follow the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and its implementing regulations, as may be amended.

(b) Limited access highway facilities. The Agency, in the construction and maintenance of limited access highway facilities, may also take any land or rights of the landowner in land under 9 V.S.A. chapter 93, subchapter 2, relating to advertising on limited access highways.

(1) A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the Agency’s initiating proceedings under this chapter for the acquisition of any property. The hearing shall be conducted by the Agency.

(2) The Agency shall prepare an official notice stating the purpose for which the property is desired and generally describing the highway project.

(3) Not less than 30 days prior to the hearing, the Agency shall:

(A) cause the official notice to be printed in a newspaper having general circulation in the area affected;

(B) mail a copy of the notice to the legislative bodies of the municipalities affected; and

(4) At the hearing, the Agency shall set forth the reasons for the selection of the route intended and shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested. Following the hearing, the Agency may proceed to lay out the highway and survey and acquire the land to be taken or affected in accordance with this chapter.

(d) Land used for school purposes. The Agency shall not take land or any right in land that is owned by a town or union school district and being used for school purposes until the voters of the district have voted on the issue of taking at a meeting called for that purpose. A special meeting of the town or union school district shall be called promptly upon receiving notice of a public hearing unless the annual meeting is to be held within 30 days after receiving the notice of public hearing. Due consideration shall be given by the court to the result of the vote, in addition to the other factors referred to in section 501 of this title, in determining necessity.

(e) Future planning. In the interests of orderly and effective future planning, the Agency may acquire land and rights in land to be used for highway purposes within the reasonably foreseeable future, including future construction of four-lane highways on routes presently designed for construction of two lanes, and the construction of interchanges, bridges, and all other improvements to existing highways or highways presently scheduled for construction. In the case of the laying out of highways on a new location, “reasonably foreseeable future” means projects on which construction is to be commenced in a period not exceeding 15 years from the date of acquisition. In the event the Agency determines that the land is no longer necessary for use as a highway, it shall immediately sell the property at public sale to private persons, giving consideration to the adjoining landowners.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 20; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 23; 2021, No. 20, § 91.)

§ 503 Precondemnation necessity determination; survey and appraisal; offer of just compensation; notice of rights; negotiation; stipulation

(a) Necessity determination; appraisal.

(1) After conducting the hearing required under section 502 of this chapter and considering the objections, suggestions, and recommendations received from the public, if the Agency finds the taking of property to be necessary for the purpose of laying out, relocating, altering, constructing, reconstructing, maintaining, repairing, widening, grading, or improving a State highway, it shall cause the property proposed to be acquired or affected to be surveyed and shall make a written determination of necessity consistent with subdivision 501(1) of this chapter. Prior to initiating negotiations under this section, the Agency shall cause property proposed to be taken to be appraised unless:

(A) the property owner offers to donate the property after being fully informed by the Agency of the right to receive just compensation for damages and releasing the Agency from any obligation to conduct an appraisal; or

(B) the Agency determines that an appraisal is unnecessary because the valuation question is uncomplicated and the Agency estimates the property to have a low fair market value, in accordance with 49 C.F.R. § 24.102.

(2) The Agency shall prepare a waiver valuation if an appraisal is not conducted, pursuant to subdivision (1)(B) of this subsection (a).

(3) The property owner or his or her designee shall be given an opportunity to accompany the appraiser during the appraiser’s inspection of the property.

(b) Offer of just compensation. Prior to the initiation of negotiations, the Agency shall prepare a written offer of just compensation, which shall include a statement of the basis for the offer and a legal description of the property proposed to be acquired.

(c) Negotiation. Prior to instituting condemnation proceedings under section 504 of this chapter, the Agency shall make every reasonable effort to acquire property expeditiously by negotiation and shall comply with subsection (d) of this section.

(d) Notice and other documents. The Agency shall hand-deliver or send by mail to owners of property to be acquired a notice of procedures and rights and the offer of just compensation. The notice of procedures and rights shall include an explanation of the proposed State highway project and its purpose, and statements that:

(1) The Agency is seeking to acquire the property described in the offer of just compensation for the project.

(2) Agency representatives are available to discuss the offer of just compensation.

(3) The Agency does not represent the property owner, and he or she may benefit from the advice of an attorney.

(4) If the Agency and the property owner are unable to reach agreement on the Agency’s legal right to take the property, the Agency may file a complaint in Superior Court to determine this issue. The property owner has the right to challenge the taking by contesting the necessity of the taking, the public purpose of the project, or both, but must contest these issues by filing an answer to the complaint with the court. If the owner does not file a timely answer, the court may enter a default judgment in favor of the Agency.

(5) The property owner may enter into an agreement with the Agency stipulating to the Agency’s legal right to take his or her property without waiving the owner’s right to contest the amount of the Agency’s offer of compensation.

(6) If the Agency and the property owner agree that a taking is lawful, or if a court issues a judgment authorizing the Agency to take the owner’s property, title to the property will transfer to the Agency only after the Agency files documentation of the agreement or judgment with the town clerk, pays or tenders payment to the owner, and sends or delivers to the owner a notice of taking.

(7) To contest the amount of compensation received, the owner must file an action with the Transportation Board or in Superior Court within 90 days of the notice of taking, except that the issue of compensation (damages) must be decided by the Superior Court if the owner’s demand exceeds the Agency’s offer of just compensation by more than $25,000.00. The owner or the Agency may appeal a decision of the Board to the Superior Court, and may appeal a decision of the Superior Court to the Supreme Court. Either party is entitled to demand a trial by jury in Superior Court on the issue of damages.

(8) A copy of an appraisal or an estimated valuation (waiver valuation) shall be furnished by the Agency at the owner’s request.

(9) Summarize the property owner’s right to relocation assistance, if applicable.

(e) Agreement on taking, damages.

(1) An interested person may enter into an agreement with the Agency stipulating to the necessity of the taking and the public purpose of the project, to damages, or to any of these. The agreement shall include:

(A) a statement that the person executing the agreement has examined a survey or appraisal of the property to be taken;

(B) an explanation of the legal and property rights affected;

(D) if the agreement concerns only the issues of necessity or public purpose, a statement that the right of the person to object to the amount of compensation offered is not affected by the agreement.

(2) If an interested person executes an agreement stipulating to the necessity of the taking and the public purpose of the project in accordance with subdivision (1) of this subsection, the Agency shall prepare, within 10 business days of entering into the agreement, a notice of condemnation and shall file it in accordance with section 506 of this chapter. The notice of condemnation shall include a legal description of the property to be taken.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 21.)

§ 504 Complaint; service; answer

(a) Verified complaint. If a property owner has not entered into an agreement stipulating to the necessity of a taking and the public purpose of a highway project, and the Agency wishes to proceed with the taking, the Agency shall file a verified complaint in the Civil Division of the Superior Court in a county where the project is located seeking a judgment of condemnation. The complaint shall name as defendants each property owner who has not stipulated to a proposed taking, and shall include:

(1) Statements that the Agency has complied with subsection 503(d) of this chapter.

(2) The Agency’s written determination of necessity.

(3) A general description of the negotiations undertaken.

(4) A survey of the proposed project, and legal descriptions of the property and of the interests in the property proposed to be taken. As used in this subdivision, “survey” means a plan, profile, or cross section of the proposed project. The survey and legal descriptions served upon the property owner only need to include the particular property or properties at issue.

(b) Service and notice.

(1) Except as otherwise provided in this section, the Agency shall serve the complaint and summons in accordance with the Vermont Rules of Civil Procedure and section 519 of this chapter.

(2) The Agency shall publish a notice of the complaint, the substance of the summons, and a description of the project and of the lands to be taken in a newspaper of general circulation in the municipalities where the project is located, once a week on the same day of the week for three consecutive weeks. The Agency shall mail a copy of the newspaper notice to the last known address of an interested person not otherwise served, if any address is known. Upon affidavit by the Secretary that diligent inquiry has been made to find all interested persons and, if applicable, that service on a known interested person cannot with due diligence be made in or outside the State by another method prescribed in Rule 4 of the Vermont Rules of Civil Procedure, the newspaper publication shall be deemed sufficient service on all unknown interested persons and all known interested persons who cannot otherwise be served. Service by newspaper publication is complete the day after the third publication.

(3) Unless otherwise served under subdivision (1) of this subsection, the Agency shall mail a copy of the complaint to the clerk, legislative body, and board of listers of each municipality in which land is proposed to be taken. The clerk with responsibility over the land records shall record the copy of the complaint (including the survey), and shall enter the names of the property owners named in the complaint in the general index of transactions affecting the title to real estate.

(c) Necessity, public purpose; default. If an interested person does not file a timely answer denying the necessity of a taking or the public purpose of the project, the court may enter a judgment of condemnation by default.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 21; 2011, No. 126 (Adj. Sess.), § 2; 2019, No. 59, § 22; 2021, No. 20, § 92.)

§ 505 Hearing on proposed taking; judgment; appeal and stay

(a) Hearing.

(1) If a timely answer is filed denying the necessity of a taking or the public purpose of the project, the court shall schedule a final hearing to determine the contested issues, which shall be held within 90 days of expiration of the deadline for filing an answer by the last interested person served. Absent good cause shown, the final hearing date shall not be postponed beyond the 90-day period.

(2) At the hearing, the Agency shall present evidence on any contested issue.

(3)(A) The court shall presume that the Agency’s determination of the necessity for and public purpose of a project is correct, unless a party demonstrates bad faith or abuse of discretion on the part of the Agency.

(B) The court shall review de novo the Agency’s determination of the need to take a particular property and to take it to the extent proposed.

(b) Discovery. Absent a showing of unfair prejudice, the right to discovery on the issues of necessity and public purpose shall be limited to the plans, surveys, studies, reports, data, decisions, and analyses relating to approving and designing the highway project.

(c) Judgment. If the court finds a proposed taking lawful, it shall issue a judgment of condemnation describing the property authorized to be taken, declaring the right of the Agency to take the property by eminent domain, and declaring that title to the property will be transferred to the Agency after the Agency, in accordance with section 506 of this chapter, has recorded the judgment, tendered or deposited payment, and notified the owner of the recording and payment. The court may in its judgment modify the extent of a proposed taking.

(d) Litigation expenses.

(1) If the court finds a proposed taking to be unlawful, or if the Agency abandons the condemnation proceeding other than under a settlement, the court shall dismiss the complaint and award the property owner his or her costs and reasonable litigation expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceeding.

(2) If the court issues a judgment of condemnation that substantially reduces the scope of the Agency’s proposed taking, the court shall award the property owner a share of his or her costs and reasonable litigation expenses that is proportional to the reduction in the proposed taking.

(e) Appeal, stay. A judgment of condemnation may be appealed or stayed as a final judgment for possession of real estate under the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure. A judgment that the Agency cannot acquire the property by condemnation likewise may be appealed.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1999, No. 156 (Adj. Sess.), § 12, eff. May 29, 2000; 2011, No. 126 (Adj. Sess.), § 2.)

§ 506 Recording of judgment or notice of condemnation; payment; vesting of title

(a)(1) Within 15 business days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall:

(A) record the judgment or notice, including the description of the property taken, in the office of the clerk of the town where the land is situated; and

(B) tender to the property owner, or deposit with the court, the amount of the offer of just compensation prepared under subsection 503(b) of this chapter or any other amount agreed to by the owner.

(2) For the purposes of this chapter, if an interested person has not provided the Agency identification information necessary to process payment, or if an interested person refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the interested person upon his or her providing any necessary identification information.

(b) Title in the property shall vest in the State, and the Agency may proceed with the project, upon the later of:

(1) the Agency’s complying with the requirements of subsection (a) of this section; and

(2) the Agency’s mailing or delivering to the owner a notice of taking stating that it has complied with the requirements of subsection (a) of this section.

(c) Except in the case of agreed compensation, an owner’s acceptance and use of a payment under this section does not affect his or her right to contest or appeal damages under sections 511-513 of this chapter but shall bar the owner’s right to contest necessity and public purpose.

(d) Upon the Agency’s recording of the judgment or notice of condemnation, the clerk with responsibility over land records shall enter the name of each property owner named in the judgment or notice as a grantor in the general index of transactions affecting the title to real estate. The Agency shall comply with the provisions of 27 V.S.A. chapter 17 governing the composition and recording of project layout plats.

(e) [Repealed.]

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 8; 2007, No. 75, § 26; 2011, No. 126 (Adj. Sess.), § 2.)

§ 507 Cattle passes

In its order of condemnation, the court may direct the Agency to install passes under the highway for the benefit of large modern farm properties, the fee title of which is owned by any party to the proceedings, where a reasonable need is shown by the owner. The court may consider evidence relative to present and anticipated future highway traffic volume, future land development in the area, and the amount and type of acreage separated by the highway in determining the need for an underpass of larger dimensions than a standard cattle pass of reinforced concrete, metal, or other suitable material that provides usable dimensions five feet wide by six feet three inches high. Where a herd of greater than 50 milking cows is consistently maintained on the property, the court may direct that the dimensions of the larger underpass shall be eight feet in width and six feet three inches in height to be constructed of reinforced concrete, and the owner of the farm property shall pay one-fourth of the difference in overall cost between the standard cattle pass and the larger underpass. Where the owner of the farm property desires an underpass of dimensions greater than eight feet in width and six feet three inches in height, the underpass may be constructed if feasible and in accordance with acceptable design standards, and the total additional costs over the dimensions specified shall be paid by the owner. The provisions of this section shall not be interpreted to prohibit the Agency and the property owner from determining the specifications of a cattle pass or underpass by mutual agreement at any time, either prior or subsequent to the date of the court’s order. The owner of a fee title shall be interpreted to include lessees of so-called lease land.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 22; 1995, No. 183 (Adj. Sess.), § 18d, eff. May 22, 1996; 2009, No. 3 (Sp. Sess.), § 1; 2011, No. 126 (Adj. Sess.), § 2.)

§§ 508-510 Repealed

[Repealed]

2011, No. 126 (Adj. Sess.), § 2.

§ 511 Determination of damages

(a) Disputes between a property owner and the Agency on the amount of compensation to be paid as a result of a taking shall be resolved as follows:

(1) If the owner’s demand exceeds the Agency’s offer of just compensation by $25,000.00 or less, the owner may obtain a determination of damages by either:

(A) petitioning the Transportation Board; or

(B) filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.

(2) If the owner’s demand exceeds the Agency’s offer of just compensation by more than $25,000.00, the owner may obtain a determination of damages by filing a complaint or, if applicable, a motion to reopen a judgment of condemnation, in Superior Court.

(3) A property owner may file a petition, complaint, or motion under subdivision (1) or (2) of this subsection not later than 90 days after the date of the notice of taking required under subsection 506(b) of this chapter.

(4) A petition improperly filed with the Board shall be transferred to the Superior Court and, upon such transfer, the owner shall be responsible for applicable court filing fees.

(b) The Board or the court shall appoint a time and place in a county where the land is situated for a hearing, giving the parties at least 10 days’ written notice of the hearing. If the property taken extends into two or more counties, the Board or court may hold a single hearing in one of the counties to determine damages. In fixing the place for the hearing, the Board or court shall consider the needs of the parties.

(c) Unless the parties otherwise agree or unless the Board or the court determines that it is in the public interest to proceed on the question of damages, any proceedings to determine damages shall be stayed pending the final disposition of any appeal of the questions of necessity or public purpose.

(d) Upon demand, a party is entitled to a jury trial in Superior Court on the issue of damages.

(e) The Board or the court shall first determine the total damages as between the Agency and all interested persons claiming an interest in a subject property, and the Agency may thereafter withdraw from further proceedings with respect to that property. The Board or the court shall then determine any further questions in the matter, including the apportionment of damages among interested persons. Any Board decision on damages shall include findings of fact, and shall be served on the parties immediately after its issuance.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 24; 2007, No. 75, § 27; 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20, § 93.)

§ 512 Payment following decision on damages; credit of State pledged

(a) Within 30 days of a final decision on damages and the exhaustion or expiration of all appeal rights, the Agency shall pay or tender the owner the amount, if any, by which the award to the person exceeds the amount previously paid or tendered by the Agency.

(b), (c) [Repealed.]

(d) The credit of the State of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of the chapter, and these amounts shall be lawful obligations of the State of Vermont.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 25; 2009, No. 123 (Adj. Sess.), § 50; 2011, No. 126 (Adj. Sess.), § 2.)

§ 513 Appeal of damages decision; jury trial

(a) A party dissatisfied with a decision of the Transportation Board as to the amount or apportionment of damages awarded may appeal to a Superior Court where the land is situated within 30 days after the date of the decision, and any number of persons aggrieved may join in the appeal.

(b) A party appealing the award of the Board is entitled to a jury trial in the Superior Court upon demand.

(c) A party aggrieved by a Superior Court decision on damages under this section or section 511 of this chapter may appeal to the Supreme Court in accordance with the Vermont Rules of Appellate Procedure.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 26; 2011, No. 126 (Adj. Sess.), § 2.)

§ 514 Award of costs in damages action; litigation expenses in inverse condemnation action

(a) If a damages award by a court is more than the Agency’s offer of just compensation or offer of judgment, whichever is greater, the court shall award the property owner his or her reasonable costs. If the damages award is less than or equal to the greater of the Agency’s offer of just compensation or offer of judgment, the court shall award the Agency its reasonable costs.

(b) If a court renders judgment in favor of a property owner in an inverse condemnation action or if the Agency effects a settlement of an inverse condemnation action, the court shall award the owner his or her reasonable costs and other litigation expenses, including reasonable attorney’s, appraisal, and engineering fees actually incurred because of the proceeding.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 27; 2011, No. 126 (Adj. Sess.), § 2.)

§ 515 Repealed

[Repealed]

1999, No. 156 (Adj. Sess.), § 21(1), eff. May 29, 2000.

§ 515a Repealed

[Repealed]

2011, No. 126 (Adj. Sess.), § 2.

§ 516 Relocation

A municipal corporation affected by a relocation under this chapter may appear and be heard at any proceedings in connection with the relocation. If, after the hearing, the court determines that the relocation of a highway is necessary for the convenience of individuals or of the State, the court shall, by its order, determine under what conditions the Agency of Transportation shall relinquish control to the town of that portion of the State highway system affected by the relocation. When the Agency has complied with the conditions, it shall certify and record this information in the clerk’s office of the town in which the highway lies and thereafter the maintenance and control of the portions of the highway relinquished shall be vested in the town where located.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 29; 2021, No. 20, § 94.)

§ 517 Repealed

[Repealed]

2011, No. 126 (Adj. Sess.), § 2.

§ 518 Minor alterations to existing facilities

(a) As used in this section, the term “minor alterations to existing facilities” means any of the following activities involving existing facilities, provided the activity does not require a permit under 10 V.S.A. chapter 151 (Act 250):

(1) Activities that qualify as “categorical exclusions” under 23 C.F.R. § 771.117 and the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321-4347.

(2) Activities involving emergency repairs to or emergency replacement of an existing bridge, culvert, highway, or State-owned railroad, even if the need for repairs or replacement does not arise from damage caused by a natural disaster or catastrophic failure from an external cause. Any temporary rights under this subdivision shall be limited to 10 years from the date of taking.

(b) In cases involving minor alterations to existing facilities, the Agency, following the procedures of section 923 of this title, may exercise the powers of a selectboard. However, if an interested person has not provided the Agency with identification information necessary to process payment, or if an owner refuses an offer of payment, payment shall be deemed to be tendered when the Agency makes payment into an escrow account that is accessible by the owner upon his or her providing any necessary identification information. Further, if an appeal is taken under subdivision 923(5) of this title, the person taking the appeal shall follow the procedure specified in section 513 of this title.

(Added 1997, No. 150 (Adj. Sess.), § 10; amended 2005, No. 80, § 49; 2013, No. 12, § 18; 2015, No. 158 (Adj. Sess.), § 25.)

§ 519 Condominiums; common areas and facilities

(a) As used in this section, “apartment owner,” “association of owners,” “common areas and facilities,” and “declaration” have the same meanings as in the Condominium Ownership Act, 27 V.S.A. § 1302.

(b) Notwithstanding any other provision of law, whenever the Agency proposes under this chapter to acquire any common areas and facilities of a condominium, the association of owners shall constitute the interested person or persons interested in lands in lieu of the individual apartment owners for purposes of the necessity hearing, the compensation hearing, and any appeals from the necessity hearing or compensation hearing.

(c) The Agency shall serve one copy of the complaint and summons upon the association of owners through one of its officers or agents, instead of upon the individual apartment owners.

(d) The Agency shall make the compensation check payable to the association of owners, which shall then make proportional payments to the apartment owners as their interests appear in the declaration.

(Added 1997, No. 150 (Adj. Sess.), § 11; amended 2011, No. 126 (Adj. Sess.), § 2; 2021, No. 20, § 95.)

§ 520 Repealed

[Repealed]

2009, No. 3 (Sp. Sess.), § 5, eff. June 1, 2009.

Chapter 7 Laying Out, Discontinuing, and Reclassifying Highways

Subchapter 1 General Provisions

§ 701 Definitions

As used in this chapter:

(1) “Acceptance” means receipt of the right-of-way needed for a new highway, in some cases this may include a completed roadway.

(2) “Altered” means a major physical change in the highway such as a change in width from a single lane to two lanes.

(3) “Classification” means the categorization of all town highways pursuant to section 302 of this title.

(4) “Discontinued” means a previously designated town highway which through the process of discontinuance all public rights are reconveyed to the adjoining landowners.

(5) “Dedication” means the process of selecting a right-of-way or an alignment for a highway.

(6) “Interested person” or “person interested in lands” means a person who has a legal interest of record in the property affected.

(7) “Landowner” means a person who has title to real estate in fee simple or a life estate.

(8) “Lay out” means the legal procedure establishing the alignment or right-of-way of a highway.

(9) “Reclassify” means to change the classification of a highway using the legal process described in this chapter.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 96.)

§ 702 Width of highways and trails

The right-of-way for each highway and trail shall be three rods wide unless otherwise properly recorded. Any highway that had been designated as a trail prior to July 1, 1967 and later becomes a trail shall retain the same width of right-of-way as a trail as it had as a highway, but not exceeding three rods.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 703 Widening of highways

If the width of a highway as laid out is less than the law or the public convenience requires, the selectboard may widen the highway accordingly. Persons whose lands are taken or are damaged shall be entitled to compensation.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 704 Survey and boundaries

When the selectboard accepts, lays out, or alters a highway, as provided in this chapter, it shall cause a survey to be made in accordance with the provisions of section 33 of this title and shall mark each termination of the survey by a permanent monument or boundary or refer the termination or survey by course and distance, to some neighboring permanent monument. The survey shall describe the highway and the right-of-way by courses, distances, and width, and shall describe the monuments and boundaries.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 3; 2021, No. 105 (Adj. Sess.), § 352, eff. July 1, 2022.)

§ 705 Papers to be recorded

A copy of any order of a court establishing, altering, or discontinuing a highway, together with a survey of so much of the road as is in any one town, certified by the clerk of the court, shall be recorded in the office of the town clerk.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 706 Duties of commissioners appointed by the Supreme or Superior Court

Any commissioners appointed by the Supreme or Superior Court to build or repair a bridge or lay out, alter, or discontinue a highway may order the town or towns, in or through which they lay out or alter a highway, to grade the hills to such inclination as they deem proper and to gravel the portions they deem necessary. The commissioners shall estimate the expense and report to the court. The court may accept or reject the report in whole or in part and order the town or towns to gravel portions of the highway and to grade the hills in the manner and to the extent it deems proper.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 707 Powers of Supreme and Superior Courts

Upon petition for that purpose as in case of laying out, altering, or discontinuing a highway, and by similar proceedings, the Supreme or Superior Court may order hills to be graded and surfaces to be graveled on existing highways under the provisions of section 706 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 2 Laying Out, Altering, Reclassifying, or Discontinuing Highways by Petition to Selectboard

§ 708 Petition

(a) Persons who are either voters or landowners, and whose number is at least five percent of the voters, in a town, desiring to have a highway laid out, altered, reclassified, or discontinued, may apply by petition in writing to the selectboard for that purpose. A person who is a landowner in a town, desiring to have an unidentified corridor which passes through or abuts his or her land discontinued or altered, may apply in writing to the selectboard for that purpose. The selectboard may also initiate these proceedings on its own motion.

(b) A class 4 highway need not be reclassified to class 3 merely because there exists within a town one or more class 3 highways with characteristics similar to the class 4 highway. In considering whether to reclassify a class 4 highway to class 3, consideration may be given as to whether the increased traffic and development potential likely to result from the reclassification is desirable or is in accordance with the town plan.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 3.)

§ 709 Notice and hearing

The selectboard shall promptly appoint a time and date both for examining the premises and hearing the persons interested, and give 30 days’ notice to the petitioners, and to persons owning or interested in lands through which the highway may pass or abut, of the time when they will inspect the site and receive testimony. The selectboard shall also give notice to any municipal planning commission in the town, post a copy of the notice in the office of the town clerk, and cause a notice to be published in a local newspaper of general circulation in the area not less than ten days before the time set for the hearing. The notice shall be given by certified mail sent to the official residence of the person(s) required to be notified.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 710 Survey or order of discontinuance

After examining the premises and hearing any interested parties, and if the selectboard judges that the public good, necessity, and convenience of the inhabitants of the municipality require the highway to be laid out, altered, or reclassified as claimed in the petition, it shall cause the highway to be surveyed in accordance with the provisions of section 33 of this title if the highway right-of-way cannot be determined and shall place suitable monuments to properly mark the bounds of the survey. If the selectboard decides to discontinue a highway, the discontinuance shall be in writing setting forth a completed description of the highway.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 4; 2021, No. 105 (Adj. Sess.), § 353, eff. July 1, 2022.)

§ 711 Selectboard’s return; recording

(a) Within 60 days after the examination and hearing, the selectboard shall return the original petition with a report of its findings and of the manner of notifying the parties together with the survey or discontinuance, to the town clerk’s office. The selectboard’s order laying out, altering, reclassifying, or discontinuing the highway, with the survey, shall be recorded by the clerk.

(b) As part of the report of findings provided for in subsection (a) of this section, the selectboard may order that the petitioner bear the cost of upgrading a class 4 town highway to the class 3 town highway standards established in subdivision 302(a)(3)(B) of this title. Nothing in this section shall be construed to require a town to maintain a class 4 highway or to upgrade a highway from class 4 to class 3.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 2.)

§ 712 Damages paid or tendered

When the selectboard determines that a person through whose land the highway passes or abuts is entitled to damages, the town shall pay or tender to him or her damages as the selectboard determines reasonable before the highway is opened.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 713 Time for vacating land

When the selectboard lays out or alters a highway, it shall fix in its order the time within which the owner of the lands taken shall remove the owner’s buildings, fences, timber, wood, or trees. Without the consent of the owner, the time shall not be less than two months; but if the lands taken have buildings, the time shall not be less than six months; nor, in either case, until compensation for damages is paid if the sum fixed by the selectboard is accepted or damages are awarded by referees. Notice of the time when the removal shall be made shall be given to the owner and included in the selectboard’s order. An appeal of the damages awarded shall not stay the work contemplated.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 354, eff. July 1, 2022.)

§ 714 Possession after time expires

When a highway is laid out or altered, the selectboard may take possession of the land within the surveyed limits, at any time after the expiration of the time fixed by the selectboard unless appealed to the Superior Court for landowners to remove their buildings, fences, trees, timber, or wood. The selectboard may remove obstructions, and open the lands for working and travel, if the selectboard previously paid or tendered to the landowners the damages awarded by the selectboard or by the commissioners laying out or altering the highway. An appeal of the damages awarded shall not stay the work contemplated.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 355, eff. July 1, 2022.)

§§ 715, 716 Repealed

[Repealed]

1999, No. 156, § 21(2) and 21(3), eff. May 29, 2000.

§ 717 Evidence of highway completion or discontinuance

(a) The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.

(b) A town or county highway that has not been kept passable for use by the general public for motorized travel at the expense of the municipality for a period of 30 or more consecutive years following a final determination to discontinue the highway shall be presumed to have been effectively discontinued. This presumption of discontinuance may be rebutted by evidence that manifests a clear intent by the municipality or county and the public to consider or use the way as a highway. The presumption of discontinuance shall not be rebutted by evidence that shows isolated acts of maintenance, unless other evidence exists that shows a clear intent by the municipality or county to consider or use the highway as if it were a public right-of-way.

(c) A person whose sole means of access to a parcel of land or portion thereof owned by that person is by way of a town highway or unidentified corridor that is subsequently discontinued shall retain a private right-of-way over the former town highway or unidentified corridor for any necessary access to the parcel of land or portion thereof and maintenance of his or her right-of-way.

(Added 1999, No. 156 (Adj. Sess.), § 25, eff. May 29, 2000; amended 2005, No. 178 (Adj. Sess.), § 4.)

Subchapter 3 Appeal from Selectboard's Award of Damages

§ 725 Arbitration

If the damages offered by the selectboard are unacceptable to the property owner, or interested person, the selectboard, with the consent of the other party, may agree to refer the question of damages to one or more disinterested persons mutually selected, whose award shall be final. The reference and award, and the proceedings used in settling the damages, shall be included in the proceedings of the selectboard returned to the town clerk for recording.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 726 Petition to Superior Court

A person not satisfied with the damages offered by the selectboard, or any decision made by the selectboard, may apply to the Civil Division of the Superior Court for the appointment of commissioners to appraise the damages. Any other persons claiming damages on account of the highway may join in the petition, but filing the petition shall not delay the opening of the highway.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 727 Application

The application shall be made within 60 days after the highway is opened for travel. A person who did not receive notice of the selectboard’s hearing may apply within one year of the day the highway is opened.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 728 Service

On receipt of the petition, the court shall issue a citation stating the time and place of hearing that, with the petition, shall be served on one or more selectboard members at least six days before the time.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 729 Commissioners; selection

When the parties do not agree with any other method of appointing commissioners, the court may make a list of 18 disinterested individuals. Each party may object to six on the list, and out of the number not objected to, the court shall select three for commissioners.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 356, eff. July 1, 2022.)

§ 730 Commission

The court shall direct the commission to impartially appraise the damages sustained by the petitioner or the relief sought as set forth in the petition, and report their findings to the court by a date stated in the instructions.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 731 Impartial appraisals

The commissioners shall be sworn to make impartial appraisals. They shall give at least six days’ notice of the time of making the appraisal to one or more of the selectboard members and, at the time appointed, examine the premises, make the appraisal, and report their findings as directed in their instructions from the court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 732 Report

The court may accept or reject the report in whole or in part or recommit it to the same or new commissioners with such instructions as justice requires.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 733 Costs

When the appraisal by the commissioners is more than was offered by the selectboard, the town shall pay the costs; when less, costs shall be borne by the petitioner.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 4 Petition to Superior Court

§ 740 Petition

(a) When a person owning or interested in lands through which a highway is laid out, altered, or resurveyed by selectboard members objects to the necessity of taking the land, or is dissatisfied with the laying out, altering, or resurveying of the highway, or with the compensation for damages, he or she may appeal, in accordance with Rule 74 of the Vermont Rules of Civil Procedure, to the Superior Court in the same county, or in either county when the highway or bridge is in two counties. Any number of aggrieved persons may join in the appeal. The appeal shall be filed within 30 days after the order of the selectboard members on the highway is recorded. If the appeal is taken from the appraisal of damages only, the selectboard members may proceed with the work as though no appeal had been taken. Each of the appellants shall be entitled to a trial by jury on the question of damages.

(b) The words “necessity” and “damages” as used in this section shall have the same definition as set forth in chapter 5 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 12, eff. Jan. 1, 1998; 2005, No. 178 (Adj. Sess.), § 5.)

§ 741 Appointment of commissioners

The court shall appoint three disinterested landowners as commissioners to inquire into the convenience and necessity of the proposed highway and the manner in which it has been laid out, altered, or resurveyed and, except where a trial by jury is requested, as to the amount of damages sustained by the appellant.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 13, eff. Jan. 1, 1998.)

§ 742 Commissioners’ report; judgment on report

The commissioners shall give notice to one or more of the selectboard members and to the appellants of the time and place where they will examine the area and hear testimony. After completing their inquiries, they shall make a report to the court. The court may accept or reject the report in whole or in part, and by its order or decree may establish, alter, resurvey, or discontinue the highway, and may render judgment for the appellants for any damages as they have severally sustained. When this allowance is greater than was offered by the selectboard members, the court may tax costs for the appellants, or for either party, as is just.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 14, eff. Jan. 1, 1998.)

§ 743 Opening of highway stayed; damages

When the appeal to the Superior Court is based on objections to the necessity of taking the land, or on dissatisfaction with the laying out, alteration, or resurvey by the selectboard members, the opening of the highway shall be stayed until the court renders its decision. The court may fix the time when it shall be opened, as provided in this chapter, and for paying damages awarded when the appeal includes or relates solely to the question of damages.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 161 (Adj. Sess.), § 15, eff. Jan. 1, 1999.)

Subchapter 5 Proceedings in Superior Court on Refusal of Selectboard to Act

§ 750 Petition

When the selectboard does not lay out, alter, or discontinue a highway, or when a highway is laid out by the selectboard and is not built and opened for use within three years, or if discontinued by the selectboard before it is built and opened, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the town may apply for relief by petition in writing to the Superior Court for the same county, or in either county when the highway or bridge is in two counties, for any of these purposes.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 751 Service of citation; commissioners

The petition with a citation, shall be served on one or more selectboard members within 21 days from the date received by the court. Unless cause is shown to the contrary, the court shall appoint as commissioners three disinterested landowners, preferably from other towns.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 752 Court may refuse to appoint commissioners

When, within five years from the date of the petition, two prior petitions have been brought for substantially the same purpose, and the appointed commissioners’ report was adverse to the petition, the court may refuse to appoint commissioners and may dismiss the petition.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 753 Hearing by commissioners

The commissioners shall appoint a time and place for examination and hearing, give notice to one or more selectboard members and to persons owning or interested in the land through which the highway may be laid, examine the premises, and inquire into the convenience and necessity of the highway in the same manner as the selectmen, following the requirements of section 709 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 754 Survey; determining damages

When the commissioners decide to lay out or alter a highway, they shall cause the highway to be surveyed and determine what damages will be sustained by the persons interested in the lands after notifying the persons of the time and place of the hearing. The expenses of making the survey shall be included in the commissioners’ accounts and allowed by the court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 755 Petitioners especially benefited

When the commissioners determine that the petitioners or some of them, will be especially benefited, they may make their decision to lay out the highway conditional upon the payment by the petitioners benefited of money, in the amount as the commissioners deem just, towards the expense of laying out and building the highway. They shall include a statement of the names of the parties benefited and the amount apportioned to each in their report to the Superior Court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 756 Filing of report

When the commissioners have completed their inquiries, they shall report their findings and decision with the survey and appraisal of damages, if any. The report shall be returned to and filed in the county clerk’s office within 30 days after the completion of the inquiry.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 757 Filing of survey and appraisal

The commissioners shall also file a copy of the survey and the appraisal of damages in the town clerk’s office at the time of filing their report in the Superior Court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 758 Opposing report

The town or any interested person may appear before the court to oppose the acceptance of the report by showing any relevant facts.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 759 Orders on report; costs

The court may reject or accept the report in whole or in part, and by its order or decree establish, alter, or discontinue the highway, in whole or in part, and render judgment for or against the town in favor of the persons interested in the lands and for the damages they have severally sustained. If the petition is wholly granted, or wholly rejected, the court shall assign costs accordingly, or if otherwise, may assign costs as appears just.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 760 Order to require payment to town

When the report makes the laying out of the highway conditional upon the payment of part of the expense by the petitioners especially benefited, the order laying out the highway shall require payment to the town within a stated time.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 6 Time for Opening of Road

§ 765 Time limits

When the Supreme or Superior Court orders a highway to be laid out or altered, it shall fix the time within which owners of lands taken shall remove their buildings, fences, timber, wood, and trees, and open the land for working, and the time when it shall be opened to be occupied; which time, without consent of the owner, shall not be less than two months, nor less than six months if the lands taken have buildings. The court may order sections of a highway to be completed in different times as circumstances may require, but the whole period shall not be less than one year. When the court orders the building of a bridge, it shall fix the time within which it shall be completed, which shall not be less than six months.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 766 Extension of time

The selectboard of a town in which a highway or bridge is ordered to be built may apply by petition to the court making the order to extend the time for completing the highway or bridge. Notice shall be given to one or more of the original petitioners for the highway or bridge, and one or more of the selectboard of any other town, in which the highway or bridge is partly located, by serving the petition on them with a citation for that purpose, at least 12 days before the term of the court to which the petition is returnable, and the court may extend the time as the circumstances of the case require.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 7 Discontinuance of Highways

§ 771 Procedure

(a) The legislative body of a municipality may discontinue a town highway after following the procedures of sections 708-711 of this title. The authority of the legislative body under this subsection shall extend to any town highway, regardless of whether the highway was originally laid out by the town, the former county court, the Supreme Court, a committee of the General Assembly, a turnpike company, or was established in any other manner now or formerly authorized by law.

(b) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 1 or class 2 town highway without the prior approval of the Secretary of Transportation.

(c) Notwithstanding subsection (a) of this section, the legislative body shall not discontinue a class 3 or class 4 town highway extending into an adjacent municipality without notifying the legislative body of the adjacent municipality. If the legislative body of the adjacent town is aggrieved by a decision of the legislative body of the municipality in which the highway is located, it may appeal to the Transportation Board pursuant to subdivision 5(d)(9) of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2005, No. 178 (Adj. Sess.), § 6.)

§ 772 Service of petition; costs

When a petition is made to the Superior or Supreme Court to discontinue a highway laid out by commissioners appointed by either of the courts, which has not been built agreeably to the orders of the court, the petition shall be served on one or more of the original petitioners for the laying of the highway, as well as on one or more selectboard members of the town or towns through which the highway is laid, or the petition, on motion, shall be dismissed. If commissioners are appointed and report adversely to the request of the petition, the original petitioners shall, in the discretion of the court, be entitled to costs.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§§ 773, 774 Repealed

[Repealed]

2005, No. 178 (Adj. Sess.), § 7.

§ 775 Title to discontinued highway

The selectboard shall notify the Commissioner of Forests, Parks and Recreation when it has filed a petition to discontinue a highway under this subchapter. The selectboard may designate the proposed discontinued highway as a trail, in which case the right-of-way shall be continued at the same width. The Commissioner of Forests, Parks and Recreation with the approval of the selectboard may also make this designation. If the discontinued highway is not designated as a trail, the right-of-way shall belong to the owners of the adjoining lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 776 Damages for highways discontinued before completion

When a public highway is laid out and damages are assessed to the owners of the land or rights acquired and the highway is legally discontinued before being worked or opened, the assessment of damages shall become void. Damages from the laying out, less actual damages accrued before discontinuance, shall be returned to the town. Actual damages before discontinuance shall be established by the selectboard using the procedure in section 923 of this title. Thereafter, title to the land shall be returned to the original landowner or his or her assigns.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 8 Neglect of Town to Build Highways or Bridges

§ 781 Assessment

When a town does not perform the order of the Supreme or Superior Court as to building a highway or building a bridge, the court may, on application, assess the town a sum sufficient to build and complete the highway or bridge. The assessment shall be spent in building the highway or bridge under the direction of a commissioner to be appointed by the court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 782 Application; service of citation

The application may be made by one or more of the original petitioners for the highway or bridge within three years from the expiration of the time prescribed by the court order for the performance, and, with a citation, shall be served on one of the selectmen of the town to be proceeded against, within 21 days from the date of the application, notifying the town to appear and show cause why the request of the application should not be granted.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 783 Trial by jury; costs

The town may have a trial by jury regarding its neglect to perform the order of the court and the court may award costs to either party.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 784 Suspension of assessment upon discontinuance of highway or bridge

When a highway or bridge established by a court is discontinued in whole or in part and before the assessment under section 781 of this title has been spent according to the court order, the town assessed may apply to have the court suspend the collection of the assessment in whole or in part and order the assessment in whole or in part to be spent for building any highway or bridge that the town is liable to build.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 9 Highways Involving Two or More Towns

§ 790 Laying out highway or bridge on or near line between two towns

The selectboards of two adjoining towns may, by agreement, lay out, reclassify, or discontinue a highway on the line between the towns, or erect a bridge over a stream between the towns, if a majority of the selectboard members of each town assent.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 357, eff. July 1, 2022.)

§ 791 Apportioning expenses

When a highway is or has been previously laid out on the line between the towns, the towns may agree as to what part of the highway shall be built and repaired and what share of the damages paid by each town. When a bridge is so erected, the towns may agree upon the proportion that each town shall pay towards making and keeping the bridge in repair.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 358, eff. July 1, 2022.)

§ 792 Petition to selectboard

When the public good or convenience of the inhabitants requires a highway to be laid out, altered, reclassified, or discontinued on, or intersecting the line between two towns, or a bridge across a stream between two towns to be built, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may petition, in writing, the selectboard of either town to lay out, alter, reclassify, or discontinue the highway, or build the bridge. The selectboard presented with the petition shall notify the selectboard of the other town. The two boards shall establish a time for hearing, and shall give notice of it.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 793 Proceedings by selectboards

The selectboards shall proceed in the same manner as the selectboard of one town in laying out highways or building bridges. A copy of the selectboards’ findings shall be filed with the clerk of each town within six months from the time of final hearing on the application and the selectboards’ order and surveys shall be recorded in each town clerk’s office and the selectboards’ decision shall be binding on their respective towns.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 359, eff. July 1, 2022.)

§ 794 Highway near but not on line between towns

(a) When the public good or the convenience of the inhabitants requires a highway to be laid out, reclassified, or altered so that it shall be near the line between two towns instead of on the town line, on account of the position of the land or nature of the soil over which it is laid, and, when both towns are benefited in a similar manner as though the highway were on the line, the highway may be laid out, reclassified, or altered by the selectboard or the Superior Court, on the report of commissioners. The damages and expenses of making and repairing the highway may be apportioned and the same proceedings shall be followed as provided in case of laying out, reclassifying, and altering highways on the line between two towns.

(b) When the selectboards of the towns are petitioned as provided in this chapter and do not lay out, alter, reclassify, or discontinue a highway on or near a line between two towns, individuals who are either voters or landowners, and whose number is at least five percent of the voters, of the towns may apply to the Superior Court. The court shall inquire and render judgment using the same proceedings as in the case of a highway extending into or through two or more towns. The court may inquire of and receive recommendations from a commissioner or commissioners, but the court shall issue the order. The court shall direct in its order which part of the highway each town shall make, repair, or reclassify, and what damages shall be paid by each, if a highway is made or altered.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 97; 2021, No. 105 (Adj. Sess.), § 360, eff. July 1, 2022.)

§ 795 Town not assessed for highway in another town

A town shall not be assessed for the expense of building or maintaining any highway in another town, except as provided by this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 796 Petition by selectboard

When a bridge is required between two towns and the selectboards of the towns do not agree to build it, the selectboard of either town may petition the Superior Court. The petition and citation shall be served on one or more selectboard members of the other town, and the same proceedings shall be had as though application had been made by persons who are either voters or landowners and whose number is at least five percent of the voters.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 361, eff. July 1, 2022.)

Subchapter 10 Provisions Relating to Damages

§ 808 Payment of damages

When a court orders damages to be paid to a person for injury done to his or her lands by laying out or altering a highway, it may allow the town a reasonable time to pay the damages, not exceeding the time allowed for opening the highway. If the sum allowed is not paid within the time limited, the clerk of the court shall issue execution for the sum.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 809 Value of discontinued highway

When a discontinued highway belongs to the owner of land through which a highway is laid out, the value may be taken into consideration in estimating the damages sustained by the owner.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 810 Allowance lands

When a lot of land remains entire, as originally divided among the proprietors of a town, and is owned by one person, or jointly, to which a quantity of land was allowed for the use of highways more than has been taken up by highways already laid out, and a highway is laid through the lot, the allowance land may be taken into consideration in estimating the damages sustained by the owner.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 811 Benefits to landowner considered

In estimating the damages sustained by a person owning or interested in lands, by reason of laying out or altering a highway, the benefits which the person may receive shall be taken into consideration.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 11 Community Service Areas

§ 816 Access roads; State aid; application

When after hearing on a petition or on their own motion, the selectboard finds that the convenience of the inhabitants and the public good require that a highway be laid out or altered to provide access to a recreational, industrial, or community service area and that the estimated costs of taking land for constructing the highway exceed the amount available to the town for highway construction for the preceding two years, the selectboard may apply in writing to the Board for additional money to construct the highway. A “community service” area is one having an institution or facility for providing legally authorized educational, social, or welfare services to the public such as schools, hospitals, medical centers, or nursing homes.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 817 Application; contents

In its application under section 816 of this title, the selectboard shall show:

(1) the general location of the proposed highway;

(2) the nature and ownership of lands to be affected;

(3) the plans for the development of the area to be served by the highway;

(4) the anticipated effect of the business or facility to be served on the economy of the town and the State and on the health, safety, transportation, education, and convenience of the public;

(5) the consistency of the plans with town, regional, and State planning and zoning requirements;

(6) if the town does not have a comprehensive plan or a zoning ordinance, any other provisions for regulating the use of land adjacent to the highway;

(7) the land dedicated and funds available from town taxes and private contributions for acquiring land and constructing the highway;

(8) the financial arrangements and responsibility of the person or municipality proposing to construct the facility in the area;

(9) what other town boards and officials have been consulted relative to the proposed development and their comments and criticisms; and

(10) all other facts reasonably pertinent to establish the necessity for laying out and constructing the proposed highway.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 818 Transportation Board; action

When the Board receives an application for additional State money for constructing an access road, it shall immediately cause studies and estimates to be made to determine whether the proposed highway can be constructed according to accepted engineering standards on or near the proposed location and the cost, and whether the plans for the area, according to accepted engineering and other standards, adequately provide for vehicular and other traffic, for parking, for public utilities, and for emergency services. Upon completion of the studies, the Board shall send at least two copies of its report and recommendations to the applicant town and, upon request, to the General Assembly.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 819 Other investigation

The applicant town should also consult with such other agencies or departments of State government, including the Agency of Commerce and Community Development, the Department of Health, and the Department of Forests, Parks and Recreation, as may be necessary to furnish the General Assembly with complete information as to the effect of the proposed highway and the development of the facilities upon the community and the State. Whenever a town informs one of those departments or agencies that it has applied for funds under this subchapter and needs assistance to develop the information needed to support the advisability of constructing the highway, that department or agency promptly shall investigate the proposal and provide a complete report to the town. Upon request, a copy shall be provided to the General Assembly.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2021, No. 20, § 98.)

Chapter 9 Repairs, Maintenance, and Improvements

Subchapter 1 General Duties of Towns

§ 901 Removal of roadside growth

Except for work that is part of the Transportation Program under section 10g of this title:

(1) A person shall not remove shade trees, as defined in 24 V.S.A. § 2501a, without prior approval of the tree warden pursuant to 24 V.S.A. chapter 67.

(2) A person, other than the abutting landowner or municipality, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of a town highway without first obtaining the consent of the legislative body.

(3) A person, other than the Agency or the abutting landowner, shall not cut, trim, remove, or otherwise damage any grasses, shrubs, vines, or trees growing within the limits of lands subject to any ownership interest held by the Agency without first obtaining the Agency’s written consent.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020; 2021, No. 20, § 99.)

§ 902 Penalty for removal

(a) A person, other than the Agency, the abutting landowner, the municipality, or the tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages trees within the limits of a State highway or municipal right-of-way shall be fined pursuant to 13 V.S.A. § 3602, unless the person has obtained prior written consent from the Agency, municipality, or tree warden.

(b) A person, other than the Agency, the abutting landowner, the municipality, or the tree warden, who willfully or maliciously cuts, trims, removes, or otherwise damages grasses, shrubs, or vines within highway limits in violation of section 901 of this title shall be fined not more than $100.00 nor less than $10.00, for each offense, unless the person has obtained prior written consent from the Agency or municipality.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)

§ 903 Agreements for planting

The Agency or the selectboard may enter into agreements with individuals or organizations who wish to plant grasses, shrubs, vines, trees, or flowers within highway limits.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 904 Tree and brush removal

The legislative body of a municipality, if necessary, shall cause to be cut and burned, or removed from within the limits of the highways under its care, trees and bushes that obstruct the view of the highway ahead or that cause damage to the highway or that are objectionable from a material or scenic standpoint. Trees that have been set out or marked by the abutting landowners and shade trees that have been designated pursuant to 24 V.S.A. chapter 67 shall be preserved if the usefulness or safety of the highway is not impaired. Young trees standing at a proper distance from the roadbed and from each other, and banks and hedges of bushes that serve as a protection to the highway or add beauty to the roadside, shall be preserved. On State highways, the Secretary shall have the same authority as the legislative body.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 171 (Adj. Sess.), § 3, eff. Nov. 1, 2020.)

§ 905 Construction of sidewalks, bicycle paths, and footpaths

The legislative body of a municipality may construct and maintain suitable footpaths, bicycle paths, or sidewalks, or any combination of these, within the limits of town highways where they do not conflict with travel on the highway. Permission may be granted by the Agency for the construction and maintenance of these facilities on State highways.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 14, eff. June 3, 1993.)

§ 905a Curb cuts and ramps

All newly constructed intersections or curbs in the State used by pedestrians shall be constructed with curb cuts or ramps that enable persons with ambulatory disabilities to have access to the sidewalk. Specifications for design of curb cuts or ramps shall be in accordance with the American National Standards Institute. All curb cuts or ramps in the State shall be of a uniform design where practical.

(Added 1985, No. 138 (Adj. Sess.), § 3; amended 2013, No. 96 (Adj. Sess.), § 118.)

§ 905b Crosswalks

All crosswalk markings shall be of uniform color, dimension, and location and be in conformance with the U.S. Department of Transportation Federal Highway Administrations’ Manual on Uniform Traffic Control Devices.

(Added 1985, No. 138 (Adj. Sess.), § 2; amended 2003, No. 151 (Adj. Sess.), § 4.)

§ 905c Audible traffic signals

Audible warning signals shall be installed at all intersections with an exclusive walk cycle where new traffic light systems are installed. As used in this section, “audible” means a signal that is sufficiently loud as to be heard when the traffic conditions in a particular location are considered.

(Added 1985, No. 138 (Adj. Sess.), § 1.)

§ 906 Penalties

A person who willfully drives over or parks or otherwise impedes normal use on a sidewalk or footpath, except where it is necessary to cross the sidewalk for the purpose of entering private grounds, shall be fined not more than $25.00 nor less than $5.00.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 100.)

Subchapter 2 Repairs with Other Towns

§ 910 Union of towns for highway improvements

Two or more municipalities, by vote of their respective boards of aldermen and selectboards, may unite for the purpose of improving or repairing any portion of a highway passing into or through each of them. When a union has been effected, the officials of the respective municipalities shall constitute a joint committee that shall be the agent of the several municipalities and may appoint one person to supervise the actual work.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 911 Apportionment of expense

The expenses incurred may be apportioned as agreed upon by the committee before the work is begun. Each board named may accept donations for the work. A town or city shall not spend more than one percent of its grand list in any one year, unless a larger sum has been voted at a regular or special meeting warned for that purpose.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 3 Materials and Machines

§ 916 Obtaining gravel within road limits

A town may take gravel, earth, stone, or other material, needed to repair or build highways, that lies within the limits of the highway, whether the material is to be used at the place where taken or elsewhere on town highways.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 4 Warning Signs

§ 921 School zones

(a) Municipalities shall erect or cause to be erected on all public highways near a school warning signs conforming to the standards of the Manual on Uniform Traffic Control Devices as provided in 23 V.S.A. § 1025.

(b) For the purposes of this section and 23 V.S.A. § 1025, the term “school” shall include school district-operated prekindergarten program facilities owned or leased by a school district.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2009, No. 123 (Adj. Sess.), § 34.)

§ 922 Furnishing signs

The Agency is directed to procure a sufficient number of signs for the use of the several municipalities in carrying out the provisions of section 921 of this title. It shall furnish the signs to the municipalities at cost.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 922a Warning signs designating persons with a disability

Signs designating the presence of a person with a disability shall be erected only with the consent of the individual or guardian.

(Added 1985, No. 138 (Adj. Sess.), § 4; amended 2013, No. 96 (Adj. Sess.), § 119.)

Subchapter 5 Appeals and Minor Alterations

§ 923 Quasi-judicial process

In order to protect the rights of interested persons and the public, the process described in this section shall be used whenever so provided by other provisions of this title. As used in this section, “interested person” means a person who has a legal interest of record in the property that would be affected by the proposed action.

(1) Notice. The selectboard shall give written notice by certified mail or by one of the methods allowed by Rule 4 of the Vermont Rules of Civil Procedure for service of original process to any interested person describing the proposed activity affecting the property. The notice shall include a date and time when the selectboard shall inspect the premises. The notice shall precede the inspection by 30 days or more except in the case of an emergency.

(2) Inspection of premises. The selectboard shall view the area and receive any testimony pertinent to the problem, including suggested awards for damages, if any.

(3) Necessity. The selectboard shall decide on the necessity for the activity or work proposed and establish any conditions for accomplishing it. This includes the award of damages, if applicable. The selectboard shall announce the decision and the reason for it within 10 days of the inspection unless the selectboard formally delays the proceeding in order to receive more testimony.

(4) Notifying parties. The selectboard shall notify the interested persons and other interested parties of its decision. It shall file a copy of its decision with the town clerk within 10 days of its announcement.

(5) Appeal. If an interested person is dissatisfied with the award for damages, he or she may appeal using any of the procedures listed in chapter 5 of this title. Notice or petition for appeal shall not delay the proposed work or activity.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 24.)

§ 924 Change of grade

The elevation of a highway shall not be changed by cutting down or raising the roadbed in front of a dwelling house or any other building adjacent to the highway more than three feet without following the procedure under section 923 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 925 Laying fences down

When the selectboard determines that a highway is liable to be obstructed by snowdrifts, and the fences adjoining the highway can be conveniently laid down, it may cause any portion to be laid down during the winter.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 926 Damages; appeal

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 927 Snow fence

When the selectboard determines that a highway is liable to be obstructed by snowdrifts that may be prevented by erecting a snow fence on land adjoining the highway, and on notice to and hearing of the owner or occupant of the land, it may cause a fence to be built and maintained.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 928 Damages; appeal

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 935 Relocation of highway

When a highway is made impassable, or the width reduced to prevent the free and safe passage, by a landslide or washout, or a bridge is swept away by a flood, the selectboard may change the location of the highway or the bridge and may discontinue any resulting unnecessary parts of the old highway. It may take, damage, or affect such land as may be necessary at the location of the slide or washout for the purpose of re-establishing, repairing, rebuilding, or protecting the highway or bridge and may proceed immediately to build or rebuild the highway or bridge and open the highway or bridge for work and travel.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 936 Damages; appeal

The selectboard shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 940 Diversion

When it appears necessary to protect a highway damaged by or expected to be damaged by flood waters or ice jams, the selectboard may change the course of or widen a stream, or provide storage for accumulated ice, and for these purposes may purchase or take the necessary land. It shall follow the procedures established in section 923 of this title in giving notice, inspecting property, determining need, awarding damages, and satisfying appeals.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 941 Limitation

Section 940 of this title shall not authorize the diversion of a stream, so that the value of a mill, manufactory, or machinery propelled by the water of the stream is diminished, without the consent of all interested persons.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 945 Proceedings

When it is necessary for the protection of a highway to erect an embankment or dike upon the banks of a stream, and the owner of the stream or of the lands adjacent will not permit town officials to enter upon the lands for this purpose, or requires them to pay a greater sum than in their judgment they ought to pay, the selectboard may take the land following the procedures established in section 923 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 950 Establishment by selectboard

Selectboard may lay out, establish, construct, or cause to be constructed and maintained a drain, ditch, or watercourse leading from a highway in the town, across the lands of any person to a watercourse, to carry away the surface water from the highway, or other drainage necessary for public health, if it judges the public good or the necessity or convenience of individuals requires this work.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 951 Damages

The selectboard shall follow the procedures established in section 923 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 952 Maintenance

The town shall properly maintain the drain, ditch, or watercourse and keep it in good and sufficient repair until, upon notice and hearing, it is discontinued.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 6 Laying Out Winter Roads and Lumber Roads

§ 955 Winter roads

When a public highway is so obstructed by snow that travel is impracticable, the selectboard of the town may immediately lay out, prepare, and open a winter highway for travel in place of the obstructed highway. The highway shall be continued only during the winter in which it is laid out.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 956 Damages

Before opening a winter highway, the selectboard shall follow the procedures established in section 923 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 957 Preparation for winter highway

When the selectboard determines that a winter highway is likely to be needed, it may cause preparation to be made, using the same procedures described in section 923 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 958 Laying out roads for removal of lumber

If it becomes necessary for the practical removal of lumber, wood, or other material to pass through the lands of a person other than those of the owner of the land from which the lumber, wood, or other material is to be removed, the selectboard may lay out a right-of-way through the land of any person for these purposes. The selectboard shall follow the procedures established by section 923 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 959 Use and discontinuance

The selectboard may fix the length of time and conditions of use for the right-of-way. The selectboard may order the right-of-way closed or discontinued when in the selectboard’s judgment it is necessary to do so.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 362, eff. July 1, 2022.)

Subchapter 7 Enforcing Repairs

§ 970 County road commissioners

(a) The Superior Court in each county shall appoint three county road commissioners annually, no two of whom shall be residents of the same town. They shall be sworn to the faithful performance of their duties, and shall hold their office for one year or until their successors are appointed. The court shall have the power to remove any commissioner for cause at any time and shall fill vacancies.

(b) The county road commissioners may sign subpoenas requiring witnesses to appear before them and administer oaths and shall each receive the sum of $30.00 per day and expenses while attending to the duties of their office.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 971 Defective roads and bridges; proceedings

When a highway or bridge is out of repair or unsafe for travel, any three citizens or taxpayers in the State may give written and signed notice of the insufficiency to the selectboard of the town in which the highway or bridge is situated, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. If the town neglects for 72 hours to respond by either denying the allegation or to commence work upon the highway or bridge, or fails to continue the work in good faith and with reasonable dispatch until the highway or bridge is put in good and sufficient repair, the citizens may file with one of the county road commissioners or the Superior Court for the county in which the highway or bridge is situated a written complaint, signed and sworn to, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. The complainants shall also give the commissioners security by deposit or otherwise for the costs of proceedings under the complaint.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 972 Notice and hearing

The commissioners, after receiving the complaint with a deposit or other security, shall promptly notify the selectboard of the town, and one or more of the persons filing the complaint, of the time and place where the commissioners will meet for the examination of the highway or bridge and for conducting a hearing upon the complaint. The commissioners, or a majority of them, shall examine the highway or bridge and hear all interested persons as to whether the public good demands that the highway or bridge be repaired and as to its condition and the repairs necessary to make it safe and convenient for public travel and as to the costs of the required repairs. The deposit or other security shall be refunded if the complaint is valid.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 973 Report of county commissioners

If, after the examination and hearing, the commissioners determine that the highway or bridge is out of repair or unsafe for travel, and that the public good demands that the highway or bridge be repaired, they shall determine what work or repairs are necessary. They shall make a written report of their findings, containing a full description of the repairs or work required and a statement of the amount estimated to accomplish it, and shall conclude with an order to the town to make the repairs or perform the work within such time as they judge reasonable. No town shall be required to spend more than $0.20 per $100.00 on its grand list in any one year, including costs of the proceedings. If they determine that the highway or bridge is not out of repair or unsafe for travel, they shall make a written report of this finding.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 974 Filing report

The commissioners shall promptly file their report in the office of the clerk of the county in which the highway or bridge is situated and deliver a copy of the report to the selectboard. The report shall be final and conclusive unless an appeal is taken as provided in section 976 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 975 Proceedings upon failure to make required repairs

At the expiration of the time limited for the repairs, without further complaint, and upon notice to the town as they deem reasonable, the commissioners shall determine if their order has been complied with by the town. If they find the town has failed to do the work ordered by them, and no appeal has been taken, they shall promptly appoint an agent to spend upon the highway the amount fixed in their report. They shall cause the agent to give a sufficient bond conditioned for the faithful performance of his or her duties and shall file in the county clerk’s office a certificate, stating that their order had not been complied with, and that judgment should be entered against the town for the amount named in their report, and give the name of the person appointed to spend this amount.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 976 Judgment against town; execution

The clerk shall file the report and enter judgment in favor of the commissioners against the town for the amount named in the report, with costs. However, the aggrieved party may appeal to the Superior Court by filing with the county clerk, within 21 days after the judgment has been entered by the clerk, a notice of appeal and a certified copy of the complaint filed with the commissioners and by serving upon the appellee, within the 21 days, a copy of the notice of appeal, who shall within 21 days thereafter enter his or her appearance. The Superior Court shall hear the appeal on questions of fact and law and render final judgment. In case an appeal is not taken within 21 days after judgment, the clerk shall issue execution returnable in 30 days from the date of the judgment. In the execution, the collecting officer shall be directed to pay the amount of the judgment to the agent appointed by the commissioners and the costs to the county clerk.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 977 Agent’s duties and pay

The agent shall immediately repair the highway or bridge as directed in the report of the commissioners and receive out of the funds paid him or her up to $100.00 per day for his or her services in making the repairs. Any unexpended balance shall be returned to the town treasury. He or she shall make a report of his or her activities to the commissioners within ten days of completing the repairs.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 978 Liability of agent

An agent appointed under the provisions of this chapter who willfully or negligently fails to spend the money paid to the agent, or to make return to the commissioners or the court of the amount of money not spent by the agent in making or repairing the highway or bridge, as provided in this chapter, shall be liable to the town in which the highway or bridge is situated in a civil action, for all money paid to the agent and not spent as provided in this chapter.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 101.)

§ 979 Road or bridge between towns or counties

If the defective highway or bridge is on the line between two towns, and both towns are liable to keep the highway or bridge in repair, notice shall be given to both towns, and they shall be jointly liable the same as if the highway or bridge were in one town. Where the highway or bridge complained of is located on the line between two counties, all questions arising under the provisions of this chapter may be tried in the county where the complaint is made.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Subchapter 8 Town Liability for Neglecting Repairs

§ 985 Injuries from defective bridges and culverts

(a) If damage occurs to a person, or his or her property, by reason of the insufficiency or want of repair of a bridge or culvert that the town is liable to keep in repair, the person sustaining damage may recover in a civil action. If the damage accrues in consequence of the insufficiency or want of repair of a bridge erected and maintained by two or more towns, the action shall be brought against all the towns liable for the repairs. The damage and costs shall be paid by the towns in the proportions in which they are liable for the repairs. The court may issue execution against any or all towns for their proportion only, provided that the liability to any town shall not exceed $75,000.00 or, where insurance is carried, the maximum policy liability limits, whichever sum is greater, on account of injury to or death of a person and damage to his or her property.

(b) Towns and other corporations shall not be liable for damage to a person or his or her property by reason of the insufficiency or want of repair of a bridge or culvert while traveling on the highway or bridge in violation of the provisions of Title 23 regarding motor vehicle use.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 986 When one town is out of State

When the damage mentioned in section 985 of this title accrues in consequence of the insufficiency or want of repair of a bridge built and maintained by two or more towns, one or more of which are out of this State, the action shall be brought against the town or towns within this State liable for repairs. The proportion of the damage with costs shall be paid by the town or towns in the proportion in which it or they are liable for the repairs. The court may issue execution as provided in section 985 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 987 Extent of liability; notice required

A person shall not recover against a town or other corporation for any damage sustained when crossing a bridge or culvert with a vehicle with a total gross weight exceeding the legal or posted weight limits. An action shall not be had or maintained in any court against a town for injuries received or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more selectboard members of the town in which the bridge or culvert is situated, within 20 days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 988 Contents of notice

The notice shall contain a description of the injury received or damage sustained. If bodily injuries are claimed, the part of the body injured shall be stated, with the extent and effect of the injury upon the health of the person injured, but the provisions in relation to notice shall not apply to a person who in consequence is lacking mental capacity.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 991 Fine

When a town, liable to keep in repair a highway or bridge, fails to do so, it may be indicted for this neglect by a grand jury of the county, and may be fined at the discretion of the court, whether any special damage has been sustained or not. The fine so assessed shall be spent in repairing the highway or bridge, under the direction of a commissioner appointed by the court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 992 Notice before indictment

A town shall not be indicted for not keeping in repair its highways and bridges unless a notice describing the highway or bridge complained of and describing in general terms its defects, signed by some person residing in the State, is delivered to one of the selectmen at least 12 days before the return date of the complaint to the court to which the complaint is made.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 993 Joint liability

When towns, jointly liable, fail to keep a bridge in repair, they may be indicted by the grand jury of any county in which either of the towns is situated and may be fined at the discretion of the court. The fine and costs shall be paid by the several towns in the proportion in which they were assessed for the building of the bridge. In making the apportionment, the court may take into consideration what has already been paid by any town and issue execution against each for its proportion. The fine shall be spent in repairing the bridge under the direction of a commissioner appointed by the court.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 994 Notice of indictment; collection of fine

When an indictment is presented to the Superior Court, as provided in this subchapter, the clerk shall issue a citation to the town indicted, and it shall be served as writs are by law required to be served against towns, at least 12 days before the date of trial. The execution issued for the fine and costs shall be levied and collected like executions in civil causes against towns.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 995 Description of highway

It shall not be necessary to state in the indictments the exact length or width of the highway, but it shall be sufficient to describe it as a highway leading from some particular place to some other particular place.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 996 Highway construction, maintenance, and repair best management practices

(a) The Agency of Transportation shall work with municipal representatives to revise the Agency of Transportation’s Town Road and Bridge Standards in order to incorporate a suite of practical and cost-effective best management practices, as approved by the Agency of Natural Resources, for the construction, maintenance, and repair of all existing and future State and town highways. These best management practices shall address activities that have a potential for causing pollutants to enter the groundwater and waters of the State, including stormwater runoff and direct discharges to State waters. The best management practices shall not supersede any requirements for stormwater management already set forth in 10 V.S.A. §§ 1264 and 1264a that apply to State and town highways.

(b) Beginning January 15, 2013, and every four years thereafter, the Secretary in consultation with municipal representatives and with approval from the Agency of Natural Resources shall review and revise, as appropriate, Town Road and Bridge Standards in order to ensure the standards are protective of water quality.

(Added 2009, No. 110 (Adj. Sess.), § 17, eff. May 18, 2010; amended 2021, No. 184 (Adj. Sess.), § 62, eff. July 1, 2022.)

Chapter 11 Protection of Highways

§ 1101 Concurrent authority; class 1 highways

On all class 1 highways, and the bridges on class 1 highways, the Agency shall have concurrent authority and jurisdiction with the selectboard in all matters within the authority and jurisdiction of the selectboard under the provisions of this chapter. If a person named in an order made by the Agency under the authority of this section neglects or refuses to comply with the order within the time prescribed by law, the Agency may report the neglect or refusal to the State’s Attorney of the county where the highway or bridge mentioned in the order is located.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1102 Acquiring highways by adverse possession

A right or interest within the limits of a highway shall not be acquired by anyone by possession or occupation.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1103 Unorganized towns and gores; duties of supervisors

When an encroachment or nuisance is made or put on a highway in an unorganized town or gore, a complaint may be made to a Superior judge who may issue his or her warrant to the supervisor for the unorganized town or gore, authorizing him or her to cause the encroachment or nuisance to be removed. The supervisor shall have the same power to remove the encroachment or nuisance as is given to selectboards in this chapter, and he or she shall proceed in like manner.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1104 Lighting where hazard

The Traffic Committee may determine if any artificial light creates a hazard to users of a highway and upon a finding that a hazard is created may direct that the light be removed or altered as required to eliminate the hazard. The selectboard shall have the same authority on town highways.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1105 Obstructing travel

A person, other than a municipality acting with respect to highways under its jurisdiction, who places or causes to be placed an obstruction or encroachment in a public highway or trail, so as to hinder or prevent public travel or to injure or impede a person traveling on the highway or trail, shall be fined not more than $1,000.00 plus the actual costs of repairing the damage and a reasonable attorney’s fee, to be recovered in a civil action in the name of the town or State. One or more items of logging or other equipment temporarily within the right-of-way of a trail shall not be actionable under this section if located in such a way as not to unreasonably impede passage. If the court finds that an action under this section was brought without substantial basis, the court may award a reasonable attorney’s fee against the person bringing the action. Nothing in this section shall preclude the selectboard from exercising regulatory authority granted under sections 304 and 1110 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 3; 1991, No. 117 (Adj. Sess.), § 1, eff. Feb. 12, 1992.)

§ 1106 Overnight camping

A person shall not use any part of a public highway right-of-way, a public rest area associated with a public highway, or any public land not so designated by the agency, department, or municipality having control of same as an overnight camping area for the purpose of overnight camping. A person who violates this section shall be fined not more than $50.00 for each day he or she is in violation.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1107 Cattle crossing signs

When requested in writing by a farm operator, the Agency shall furnish at its expense portable or permanent type cattle crossing signs for use on State highways or town highways where cattle must use the traveled surface of the highway to reach fields or pastures. These signs shall conform to the current standards of the Manual on Uniform Traffic Control Devices. The signs shall be permanently installed or may be temporarily displayed at locations designated by the farm operator unless disapproved on the basis of traffic safety by the Agency. Permanent type signs may be installed on State highways by the Agency wherever practical.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1108 Injuring highway

(a) A person who wantonly or willfully injures a highway, or a bridge, or any of their components by destroying or removing planks, posts, timber, stones, or asphalt surface, or by digging pits for gravel, clay, or for any other purpose, shall forfeit to the town or State, to be expended in repairing highways, not more than $100.00 plus actual costs of repairing damage to be recovered in a civil action in the name of the town or State, with costs.

(b) A person who injures a public highway by obstructing or diverting a stream, watercourse, or sluice, or by dragging logs or timber or any other objects on the road surface, shall be fined not more than $100.00 for each offense. The person shall be further liable to the town or State for the damage to the highway, to be recovered in a civil action, in the name of the town or State.

(c) A person guilty of an offense prohibited in this section, besides the penalty, shall be liable to the town or State, or to any individual, in a civil action, for damages sustained by either in consequence of the acts prohibited, with costs.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 102.)

§ 1109 Agency of Transportation rules on abuse of highways

The Agency of Transportation shall adopt rules as it deems necessary to prevent the abuse of any highway or portion of a highway during any period of any season of the year.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 12; 2015, No. 23, § 117.)

§ 1110 Posting of highways

(a) If the use of a town highway is to be restricted, the selectboard shall post copies of the rules in at least two public places in the town. Posting signs provided by the Agency informing the traveler of the restriction shall be conspicuously placed at each end of the highway or portion of the highway. The Secretary shall be responsible for furnishing notice of any restricted use of State highways.

(b) A person who violates these rules shall be guilty of a traffic offense under 23 V.S.A. chapter 23, for which he or she shall be fined not more than $100.00, and shall be liable to the State or town in which the damage is done for all damages to the highway to be recovered in a civil action.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1111 Permitted use of the right-of-way relocation or adjustment orders

(a) Permits; relocation or adjustment orders.

(1) Permits must be obtained by anyone or any corporation wishing to use as described in this section any part of the highway right-of-way on either the State or town system. Notwithstanding any other statutory requirement, a permit shall be required for any use of any highway right-of-way, consistent with the provisions of this section. In issuing a permit under this section for a use of a State highway right-of-way, the Secretary may require a transportation impact fee in accordance with 10 V.S.A. chapter 151, subchapter 5. Except for this transportation impact fee authority of the Secretary, the authority given to the Board, the Secretary, and the Attorney General under this section shall also apply to the legislative bodies of towns or their designees.

(2) Except in emergencies, the Agency or the municipality shall seek input and consider input received from affected utilities before issuing a utility relocation or adjustment order. In specifying the times for utility relocation or adjustment work, the Agency or the municipality shall allocate to each a reasonable time for its role in the relocation or adjustment work after taking into account:

(A) the season of the year; and

(B) the respective duties and responsibilities of the pole or conduit owner and the involved utilities, including the need to install, transfer, or retire individual components in a specific sequence.

(3) When the Agency or a municipality issues a utility relocation or adjustment order in accordance with law in connection with highway maintenance or construction activities, and a utility fails to move or adjust its line or other facility within the time specified in the order, that utility shall be liable to the State or to the municipality for damages that the State or the municipality is required to pay a contractor for delay caused by the failure. However, a utility shall not be liable for such damages if its failure to move or adjust the line or facility is for reasons beyond its control, including: emergency restoration activities; inclement weather; timing restrictions imposed by law or permits; terms of collective bargaining agreements; or the failure of another utility to complete its assigned responsibilities for the installation, transfer, or retirement of its facilities. If the Agency or the selectboard cannot agree with a utility as to whether the utility is liable or as to the amount of damages under this subdivision (a)(3), the Agency or selectboard may bring an action in accordance with subsection (h) of this section.

(b) Driveway entrances; highway grades; drainage. It shall be unlawful to develop, construct, regrade, or resurface any driveway, entrance, or approach; or build a fence or building; or deposit material of any kind within; or to in any way affect the grade of a highway right-of-way; or obstruct a ditch, culvert, or drainage course that drains a highway; or fill or grade the land adjacent to a highway so as to divert the flow of water onto the highway right-of-way without a written permit from the Agency, in the case of State highways, or the legislative body or designee of a municipality, in the case of town highways. As a condition of any such permit, compliance with all local ordinances and regulations relating to highways and land use shall be required. The Agency or legislative body, within their respective jurisdictions, may make such rules to carry out the provisions of this section as will adequately protect and promote the safety of the traveling public, maintain reasonable levels of service on the existing highway system, and protect the public investment in the existing highway infrastructure, but shall in no case deny reasonable entrance and exit to or from property abutting the highways, except on limited access highways, using safety, maintenance of reasonable levels of service on the existing highways, and protection of the public investment in the existing highway infrastructure as the test for reasonableness, and except as necessary to be consistent with the planning goals of 24 V.S.A. § 4302 and to be compatible with any regional plan, State agency plan, or approved municipal plan. However, in any case involving an access permit for a development contributing 75 or more peak hour trips to State highways or class 1 town highways, the permit may include reasonable conditions and requirements to protect service levels on such highways.

(1) It shall be unlawful to dig up or excavate a trench in a public highway for the purpose of installing pipes or wires without a written permit from the Agency in the case of State highways and the selectboard for town highways. The permit shall include any conditions imposed by the issuing party. All inspection of excavation and backfilling shall be done under the supervision of an agent of either the town or State as the case may be. Failure of any person, corporation, or municipality to perform the work or to restore the highways in a satisfactory and timely manner to the Agency or the town may result in either the Agency or the town completing the work at the expense of the permit holder; provided, however, the Agency or town shall give timely notice to the permit holder of any defects, and the permit holder, upon receipt of notice, shall have a reasonable time in which to repair the defects. The Agency or the selectboard may recover reasonable expenses incurred in this manner in a civil action in the name of the State or town with costs.

(2) These provisions shall not apply to cities and shall not prevent a person, corporation, or municipality from excavating to make emergency repairs to a break in a pipe or a short in a wire, but in all cases all work shall be completed to the satisfaction of the Agency or the town. Notice shall be given to the appropriate persons as expeditiously as possible after discovery of the problem.

(d) Use by private sewer or water lines. The Agency may issue permits allowing the use of highway rights-of-way for private sewer or water lines if, following notice and hearing, the Board certifies to the Agency that the requested use will serve the needs of the public. In its certificate, the Board may attach conditions as are required, including the following:

(1) the installation of sewer or water lines shall conform with plans and specifications approved by the Agency and shall be relocated at no cost to the State whenever the right-of-way is needed for highway purposes;

(2) reimbursement of the Agency by the permit applicant for the actual costs of the review, inspection, and engineering services provided by the Agency for these installations; and

(3) reimbursement of the Agency by the permit applicant for the cost of assigning an inspector to the project during construction.

(e) Project inspectors; highway access plan. The Agency may assign an inspector to the project during construction at the applicant’s expense. Any application to the Agency for a drive or access permit by reason of any development subject to the provisions of this section shall include a proposed highway access plan for the entire tract of land. The Agency shall impose reasonable conditions to reduce the number of accesses that will be required for the tract of land. These conditions may include one or more of the following: a required setback of any construction or improvements from the highway to permit the construction of frontage road or roads; acceleration and deceleration lanes; or other areas for off-highway control and management of vehicles and may require reimbursement for any costs to the State for the installation of traffic control devices or road improvements reasonably required because of the development, and may permit or require integration of the access and on-site traffic control facilities and connection of frontage roads between contiguous tracts of land as development is occurring or may occur along the highway.

(f) Revoking access; frontage road. The Agency, in the case of State highways, or the selectboard, in the case of town highways, may, as development occurs on land abutting the highway, provide as a condition of any permit for the elimination of access previously permitted and require the construction of a common frontage road or other access improvements that may serve more than one property or lot.

(g) Permit suspension. In addition to any other enforcement powers that may be provided for by law, the Secretary or his or her designated representative, on behalf of the Agency, or the legislative body or designee, on behalf of a municipality, may suspend any permit under this section until compliance is obtained. If there is continued use or activity after suspension, the Secretary, on behalf of the Agency, or the legislative body, on behalf of a municipality, may physically close the driveway or access point if, in the opinion of the Secretary or the legislative body, the safety of highway users is or may be affected.

(h) Restraining prohibited acts; damages. Whenever the Secretary believes that any person is in violation of the provisions of this chapter, he or she may also bring an action in the name of the Agency in a court of competent jurisdiction against the person to collect civil penalties as provided for in subsection (j) of this section, for damages, and to restrain by temporary or permanent injunction the continuation or repetition of the violation. The selectboard shall have the same authority for town highways. The court may issue temporary or permanent injunctions without bond, and any other relief as may be necessary and appropriate for abatement of any violation. An action, injunction, or other enforcement proceeding by a municipality relating to the failure to obtain or comply with the terms and conditions of any permit issued by a municipality pursuant to this section shall be instituted within 15 years from the date the alleged violation first occurred and not thereafter. The burden of proving the date on which the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.

(i) Assurance of discontinuance. The Secretary or the selectboard may accept an assurance of discontinuance of any violation of the terms of this chapter, including when applicable schedules of abatement for a violation. Any assurance of discontinuance shall be in writing and shall be filed with the Attorney General, the court having jurisdiction over the subject matter, and the town clerk of the town in which the violation occurred for recording in the land records. The Attorney General, within ten days of receipt of the assurance, if he or she objects to the terms, may petition the Board for a hearing of the violation in the manner prescribed by law. The Board shall hold a hearing on the petition within 30 days of its receipt and shall issue an appropriate order within 15 days thereafter. Evidence of violation of an assurance shall be prima facie proof of the violation as cited in the assurance. Prior to institution of any action or proceeding under this subsection, the Secretary, whenever he or she believes any person to be or to have been in violation, may issue a notice of violation setting forth the nature of the violation, the corrective action necessary to abate the violation, and notice of intention to institute an action or proceeding against the person responsible for the violation. In this event, the Secretary shall within 30 days provide the person with notice, an opportunity to be heard, and an opportunity to settle the matter before instituting an action or proceeding as provided for in this subsection.

(j) Civil penalty. Any person who violates the provisions of this chapter or the terms of an order issued by a court under this chapter shall forfeit and pay to the State a civil penalty of not less than $100.00 and not more than $10,000.00 for each violation; provided, however, where violation of an order is of a continuing nature, each day during which the violation continues after the date fixed by the court for the correction or termination of the violation shall constitute an additional separate and distinct offense, except during the time an appeal from the order may be taken or is pending. For the purposes of this subsection, the court issuing the injunction on petition of the Secretary shall retain jurisdiction for purposes of awarding the civil penalty.

(k) Recording of deeds. No deed purporting to subdivide land abutting a State highway or a class 1 town highway can be recorded unless all the abutting lots so created are in accord with the standards of this section, including the requirement to provide a frontage road or roads.

(l) Recording of permits; recording fees. Initial and subsequent permits shall be recorded at the expense of the applicant in the land records of any municipality in which the affected property is located, unless the Agency (in the case of State highways) or the legislative body (in the case of town highways) determines that such action is not warranted in specific instances or for certain categories of permits. The Agency or the legislative body may include, as a condition of the permit, that the issued permit shall not be valid until the permit holder records in the office of the appropriate municipal clerk the “notice of permit action” provided with the issued permit by the Agency or the legislative body.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 79; 1989, No. 246 (Adj. Sess.), §§ 13-15; 1997, No. 62, § 56, eff. June 26, 1997; 1997, No. 120 (Adj. Sess.), § 8a; 1997, No. 150 (Adj. Sess.), § 13; 1999, No. 156 (Adj. Sess.), § 13, eff. May 29, 2000; 2003, No. 56, § 55, eff. June 4, 2003; 2009, No. 132 (Adj. Sess.), § 10, eff. May 29, 2010; 2013, No. 145 (Adj. Sess.), § 3; 2017, No. 38, § 18; 2019, No. 14, § 61, eff. April 30, 2019; 2021, No. 20, §§ 103, 104; 2021, No. 105 (Adj. Sess.), § 363, eff. July 1, 2022.)

§ 1112 Definitions; fees

(a) As used in this section:

(1) “Major commercial development” means a commercial development for which the Agency requires the applicant to submit a traffic impact study in support of its application under section 1111 of this chapter.

(2) “Minor commercial development” means a commercial development for which the Agency does not require the applicant to submit a traffic impact study in support of its application under section 1111 of this chapter.

(3) “Residential or agricultural purposes” means accesses serving a single-family home, a duplex residence, or logging or field accesses for agricultural uses only.

(4) “Subsurface stormwater system” means a stormwater system, as defined in 10 V.S.A. § 1264(b)(15), that is beneath the surface.

(b) The Secretary shall collect the following fees for each application for the following types of permits issued pursuant to section 1111 of this chapter:

(1) residential or agricultural purposes:	$0.00
(2) utility installations, including direct connection to the State
highway subsurface stormwater system:	$100.00
(3) minor commercial development:	$250.00
(4) major commercial development:	$2,500.00
(5) annual blanket permits for routine inspection and maintenance of
existing utility installations within State highways:	$500.00
(6) permit amendments:	$0.00.

(c) Notwithstanding subdivision (b)(3) of this section, the Secretary may waive the collection of the fee for a permit issued pursuant to section 1111 of this chapter for a minor commercial development if the Governor has declared a state of emergency under 20 V.S.A. chapter 1 and the Secretary has determined that the permit applicant is facing hardship, provided that the permit is applied for during the declared state of emergency or within the six months following the conclusion of the declared state of emergency.

(Added 2015, No. 159 (Adj. Sess.), § 57; amended 2021, No. 55, § 38; 2021, No. 184 (Adj. Sess.), § 38, eff. July 1, 2022; 2023, No. 148 (Adj. Sess.), § 16, eff. July 1, 2024.)

Chapter 15 Federal Aid

§ 1501 Acceptance of federal aid

The State of Vermont assents to, approves, and pledges its good faith to meet the terms of an act of Congress approved July 11, 1916, entitled “An Act To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” and amendments to the act, including flight strips, and the Agency is authorized to take such action as may be necessary to secure to the State the aid and benefits provided by the Act. Whenever the Agency of Transportation determines that funds otherwise authorized to be appropriated to the State under the Federal Aid Road Act, as amended and supplemented, shall not be apportioned to the State if the National System of Interstate Highways within its boundaries may lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight provided for use on these highways in the Act, as amended and supplemented, the Governor shall so declare by proclamation, and thereafter these highways shall not lawfully be used by vehicles with any dimension or with weight in excess of the maximum corresponding dimension or the maximum corresponding weight so provided.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 41.)

§ 1502 Compliance with federal requirements; use of federal aid money

(a) To effect the purposes of section 1501 of this title, the Agency may comply with federal rules and regulations and may use so much of the funds appropriated to the Agency, or available to it pursuant to 32 V.S.A. § 5 or 511, for highway purposes as shall be necessary to secure aid from the federal government under the federal act specified in section 1501 of this title and, in addition, may use such sums as may be necessary for surveys, plans, specifications, estimates, and assistance necessary to carry out the provisions of this chapter.

(b) To carry out the transportation planning process required by the Intermodal Surface Transportation Efficiency Act of 1991 (the Act), 23 U.S.C. § 134, as may be amended, the Governor shall designate a metropolitan planning organization for any urbanized area of more than 50,000 population and may take other action necessary to ensure the State’s compliance with the Act and any federal regulations pertaining to the Act. A designation of a metropolitan planning organization shall remain in effect until revoked by the Governor.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 42; 1993, No. 61, § 25, eff. June 3, 1993; 2015, No. 40, § 15.)

§ 1503 Designation of highways; contracts

The Agency, consistent with the directives of the General Assembly, may designate the highways to be improved, constructed, or reconstructed under the provisions of this chapter. Subject to the limitations of the Federal Aid Road Act, and the rules and regulations of the Federal Highway Administration, the Agency may contract in the name of the State for the construction or reconstruction of any highway or bridge under this chapter and the location of the work, the kind of construction, and whether it shall be by force account or by contract.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 43.)

§ 1504 Cooperation by municipalities

A municipality may cooperate with the Agency of Transportation and the Transportation Board in any way necessary to carry out the provisions of this chapter, and to that end may contribute financial or other assistance.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1505 Federal bridges; construction

In the construction of highways under the provisions of the Federal Aid Road Act, the Agency by agreement with the selectboard of the town in which a bridge is located may repair, build, or rebuild the bridge. A portion of the cost of the bridge work, in the discretion of the Agency and approved by the Board, may be paid out of the appropriation to aid towns for bridges.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1506 Maintenance; payment

The Agency may maintain any bridge built or repaired under the provisions of section 1505 of this title and may advance the cost. Upon demand of the Agency, the municipality shall reimburse the State for the expenditures made, and the amount repaid shall be deposited in the account from which the expenditure was made.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1507 Monies received

All monies received from the federal government, from municipalities, and from other sources on account of the construction of bridges under this chapter shall be credited to the fund provided by law for this purpose.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1508 Matching funds

The State Treasurer, with the approval of the Governor, is authorized to advance against future Transportation Fund revenue not to exceed $3,000,000.00 as the Agency may certify necessary to match federal aid highway funds, whenever these funds are made available to the State.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1508a Anticipation of receipts

The Commissioner of Finance and Management may anticipate receipts due the Agency from utilities and municipalities on account of the construction of projects under this chapter and issue warrants based on these projects. Anticipated receipts shall be credited to the proper account when received.

(Added 1993, No. 27, § 3.)

§ 1509 Construction of federal aid highways

The Agency is authorized to enter into agreements with federal agencies for financial assistance for highway purposes and to award contracts for the construction of these highways whenever the federal funds are available as stated in section 1508 of this title, and any expenditures made shall be chargeable against the advances authorized in section 1508 of this title. Provided, however, that as soon as any regular appropriated funds become available, to which the expenditures may properly be charged, the Commissioner of Finance and Management shall charge the expenditures to the regular appropriations thereby restoring the amount of the advance so that it will again become available for future use.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1510 Local authorization

(a) In any case of proposed highway construction in which a federal-state-local match is contemplated, a municipality seeking to reserve the State portion of monies for the construction project must obtain ratification of the local portion, as this portion may be periodically assessed by the Agency of Transportation, within 18 months of receipt of a commitment on the part of the State, as evidenced by a signed application relative to engineering costs and project costs or similar document. In the event ratification of the local portion is not obtained within the 18 month period, the State shall withdraw from the proposal and shall make the State portion available for other program purposes.

(b) No second or subsequent application relative to engineering costs and project costs or similar document may be signed by a State official unless 18 months have passed since an earlier signing of a similar application relative to engineering costs and project costs for the same proposed highway project.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1511 Town approval of projects on the State highway system

(a) If a planned highway project is located completely within one town or is located in more than one town and in the event the voters of one of the towns at an annual or special meeting that has been warned, vote against that project within one year after the corridor or corridor design hearing, or both, the project shall be suspended by the Agency of Transportation and the facts related to the project with appropriate recommendations shall be reported to the Transportation Board for its review. The Board shall make its report with recommendations to the General Assembly, which shall order either completion or discontinuance of the project.

(b) The provisions of subsection (a) of this section do not apply to any project that:

(1) has been the subject of a corridor or corridor/design hearing prior to May 1, 1982; or

(2) was specifically designated for one or more of the following: preliminary design; right-of-way acquisition; or construction by the General Assembly prior to May 1, 1982.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 105.)

§ 1512 Repealed

[Repealed]

1995, No. 60, § 26(a), eff. April 25, 1995.

§ 1513 Historic bridge program

For the purpose of facilitating compliance with section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f, the Agency and cooperating municipalities, in connection with federal-aid projects affecting historic bridges, are authorized to enter into preservation easement agreements.

(Added 1999, No. 18, § 22, eff. May 13, 1999.)

Chapter 16 Utility Relocations in Connection with Certain Highway Projects

§ 1601 Declaration of policy

The purpose of this chapter is to set standards for determining when and to what extent the authority granted by section 1603 of this title may be exercised.

(Added 1995, No. 60, § 25, eff. April 25, 1995.)

§ 1602 Definitions

As used in this chapter:

(1) “Environmental considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for the protection of scenic, natural, and historic resources.

(2) “Nondiscriminating local ordinances” are municipal ordinances that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.

(3) “Relocation” means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. “Normal relocation” means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance.

(4) “Safety considerations” are requirements set forth in any applicable permit or approval issued by a federal or State agency, board, or commission responsible for highway and traffic safety.

(5) “Utility” means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. The term “utility” also means the utility company inclusive of any wholly owned or controlled subsidiary.

(Added 1995, No. 60, § 25, eff. April 25, 1995; amended 2021, No. 20, § 106; 2021, No. 105 (Adj. Sess.), § 364, eff. July 1, 2022.)

§ 1603 Authority to pay for certain utility relocation costs

When relocation of a utility is required by a project for the improvement, construction, or reconstruction of a highway under chapter 15 of this title, the Agency or a municipality, or both, may pay for some or all of the cost of the relocation.

(Added 1995, No. 60, § 25, eff. April 25, 1995.)

§ 1604 Applicability

(a) Eligibility for reimbursement of utility relocation costs incurred for highway projects that advance to the construction phase after April 25, 1995 shall be determined in accordance with the standards provided in this chapter.

(b) The reimbursement provisions of this chapter only apply to “utilities,” as defined in section 1602 of this title.

(c) Unless the context clearly indicates otherwise, this chapter shall be applied in conjunction with regulations of the U.S. Department of Transportation, Federal Highway Administration, 23 C.F.R. Part 645-Utilities, as may be amended.

(Added 1995, No. 60, § 25, eff. April 25, 1995; amended 2021, No. 20, § 107.)

§ 1605 Eligibility

(a) Adjustment of utility facilities may be eligible for reimbursement under this chapter when the required design and installation of utility facilities exceed normal relocation requirements as the result of the highway project’s need to address environmental considerations, nondiscriminating local ordinances, safety considerations, or other requirements found to be applicable by the Agency of Transportation. Before finding adjustment of utility facilities to be eligible for reimbursement under this chapter, the Secretary shall make a determination that options other than placing the utilities underground have been considered. Alternative aerial relocation may be eligible for reimbursement in accordance with section 1606 of this title.

(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under existing law when:

(1) relocation is required by construction or reconstruction of limited-access facilities;

(2) affected utility facilities are located on private property and the utility holds a fee or nonterminable easement in its existing location; or

(3) affected municipal utility facilities are located within municipal highway rights-of-way.

(Added 1995, No. 60, § 25, eff. April 25, 1995; amended 1995, No. 183 (Adj. Sess.), § 18e, eff. May 22, 1996; 2021, No. 105 (Adj. Sess.), § 365, eff. July 1, 2022.)

§ 1606 Reimbursement

(a) Except as provided in section 1605 of this title, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.

(b) Where the eligibility criteria set forth in section 1605 of this title are met, the differential costs over and above normal relocation cost shall be apportioned on a 50/50 basis between the Agency and the municipality. The Agency may waive the requirement for municipal participation for projects located on the State highway system.

(c) Oversize or other-than-normal relocation installations undertaken for the sole benefit of the utility shall be considered as betterments and shall not qualify for reimbursement.

(Added 1995, No. 60, § 25, eff. April 25, 1995.)

§ 1607 Repealed

[Repealed]

2009, No. 3 (Sp. Sess.), § 11a, eff. June 10, 2009.

Chapter 17 Limited Access Facilities

§ 1701 Declaration of policy

The General Assembly finds that limited access facilities in some areas are necessary for the preservation of the public peace, health, and safety, and for the promotion of the general welfare.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1702 Definition of a limited access facility

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

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1703 Authority to establish limited access facilities

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

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

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

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

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16; 1995, No. 183 (Adj. Sess.), § 18f, eff. May 22, 1996.)

§ 1704 Design of limited access facility

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

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)

§ 1705 Acquisition of property

The Agency or the town may acquire private or public property for limited access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as it may acquire property for other highways within its jurisdiction. It shall take title in fee simple when practical. In connection with the acquisition of property for any limited access facility or portion of a facility, or service road in connection with a facility, the Agency or town may acquire an entire lot, block, or tract of land if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)

§ 1706 Disposal of property

When any property acquired by the State for a limited access facility becomes no longer necessary, the Agency, with approval of the Governor, may sell and convey it by deed or lease. The proceeds from the sale or lease shall be deposited in the Transportation Fund.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16.)

§ 1707 Precedence of condemnation proceedings

Court proceedings to acquire property for limited access facilities shall take precedence over all other causes not involving the public interest in all courts, to the end that completion of limited access facilities may be expedited.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1708 New and existing facilities; grade crossing eliminations

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

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

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17; 1997, No. 144 (Adj. Sess.), § 25.)

§ 1709 Local service highways

In the development of any limited access facility, the Agency may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service highways or designate as local service highways any existing highway and may exercise jurisdiction over local service highways in the same manner as over limited access facilities if the local service highways are necessary or desirable. The local service highways shall be separated from the limited access facility.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17.)

§ 1710 Commercial enterprises prohibited

Commercial enterprises or activities for serving motorists, other than welcome centers and emergency service for disabled vehicles, are prohibited within or on any property designated as, or acquired for, or in connection with, a limited access facility.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1711 Unlawful use of limited access facilities

A person shall not:

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

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

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

(4) drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, section, or line that separates the service highway from the limited access facility.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 366, eff. July 1, 2022.)

§ 1712 Penalty

A person who violates section 1711 of this title shall be imprisoned for not more than 90 days or fined not more than $100.00, or both.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1713 Reimbursement of towns for loss of taxes

A town whose grand list is reduced by reason of the State’s taking taxable real estate for limited access facilities shall be reimbursed by the State annually to the amount of taxes last assessed and payable on the real estate before the taking.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 18.)

§ 1714 Listers’ annual report

The listers of a town entitled to a payment under section 1713 of this title shall report annually the material facts involved, including the amount of the tax loss by reason of the taking of real estate to the Agency, which, after determining the amount of the tax loss, shall certify the loss to the listers. Costs of this program shall be paid from the Transportation Fund. If the selectboard of a town is aggrieved by the determination of the Board, it may, within 21 days after receipt of notice by the listers, appeal to the tax commissioner.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1715 Time limit

Sections 1713 and 1714 of this title shall continue in effect as to any town affected until its grand list times its tax rate equals the grand list times the tax rate last preceding the date of the taking of real estate by the State or for a period of five years, whichever date comes first.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 19.)

Chapter 19 Highways Relocated in Connection with Federal Projects

§ 1901 Purpose

It is the purpose of this chapter to facilitate cooperation by the State and by the towns with the federal government in the acquisition of certain highway rights and facilities needed by the federal government for authorized projects or purposes, in those cases where the federal government provides the replacement for those rights and facilities at its expense.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1902 Acceptance of highways; authority

The selectboard, for town highways, and the Agency, for State highways, may accept from the United States of America or any agency of the United States and open for public travel any relocated or reconstructed section of those highways provided by the United States as replacement for sections of those highways acquired or to be acquired by the United States for an authorized federal project or purpose.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 1903 Relinquishment of control

(a) The Agency may relinquish to the town in which it is located any portion of the State highway system located on land acquired or to be acquired by the United States or any agency of the United States as contemplated by section 1901 of this title.

(b) When the entire section of an existing State highway, which is replaced or to be replaced as contemplated by section 1901 of this title, is not in fact ultimately acquired by the United States, and so much of the section as is not so acquired is, in the judgment of the Board, no longer needed as a part of the State highway system, the Board may relinquish control of that portion to the town in which that portion is located. However, for the provisions of this chapter, the Dwight D. Eisenhower National System of Interstate and Defense Highways shall not be considered as a replacement for existing State highways.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 20; 2021, No. 105 (Adj. Sess.), § 367, eff. July 1, 2022.)

§ 1904 Certificate to be filed

In relinquishments under section 1903 of this title, the Secretary shall file the Agency’s certificate of relinquishment with the clerk of the town in which the relinquished highway is located, and the relinquishment shall be effective on the date of the filing unless otherwise set aside or modified under section 1905 of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.)

§ 1905 Appeals

A town in which a relinquishment under section 1902 of this title is to be effected, which is dissatisfied with the determination of the Agency, may appeal that determination to the Board within 30 days from the date on which the Secretary files the Agency’s certificate under section 1904 of this title. The Board, after hearing the appeal, shall make findings of fact and issue its order and may by the order affirm the determination of the Agency, set the determination aside, or establish reasonable conditions under which the Agency, if it still desires to do so in the case, may relinquish control to the town concerned. Any party may appeal the Board’s decision to the Superior Court. However, there shall be no appeal to a relinquishment under subsection 1903(a) of this title.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 21.)

Chapter 21 Relocation Assistance

§ 2101 Definitions

As used in this chapter, unless the context clearly indicates another meaning or different intent:

(1) “Eligible person” means any individual; family; business concern, including the operation of a farm; and nonprofit organization displaced by construction on any highway project undertaken by the State of Vermont.

(2) “Individual” means a person who is not a member of a family as defined in this section.

(3) “Family” means two or more persons who are living together in the same quarters.

(4) “Business concern” means a corporation, partnership, individual, or other private entity engaged in a business or professional activity necessitating tangible property for the carrying on of the business or profession on the premises.

(5) “Moving expense” means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, and reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection with effecting the reinstallation.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 108; 2021, No. 105 (Adj. Sess.), § 368, eff. July 1, 2022.)

§ 2102 Relocation assistance

The Agency shall pay to eligible persons, displaced by construction of a highway project undertaken by the State of Vermont, reasonable and necessary moving expenses caused by their displacement from real property acquired for these purposes.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 2103 Fixed payments

Instead of paying the actual relocation expenses of individuals and families, the Agency may pay fixed amounts in accordance with an approved schedule of fixed amounts. The schedule shall be of statewide application and shall provide for a graduated scale related to the size of the quarters occupied or some other uniform equitable method of scaling the payments. The schedule shall indicate whether the individuals and families are entitled only to fixed amounts or are entitled to claim reimbursement for their actual moving expenses or fixed amounts at their election.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

§ 2104 Rules

The Agency is authorized to adopt rules consistent with federal regulations necessary to administer this chapter.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 23, § 118.)

§ 2105 Matching funds

When federal funds are available for payment of direct financial assistance in situations caused by highway acquisition, the Agency may match federal funds to the extent provided by federal law and to provide direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

(Added 1985, No. 269 (Adj. Sess.), § 1.)

Chapter 23 Bicycle Routes and Sidewalks

§ 2301 Definitions

As used in this chapter:

(1) “Bicycle” means every pedal-driven device propelled by human power having two or more wheels on which a person may ride, including a so-called pedal vehicle that may have an enclosed cab.

(2) “Bicycle route” means any lane, way, or path, designated by appropriate signs, that explicitly provides for bicycle travel.

(3) “Bicycle lane” means a portion of a roadway that has been designated for the preferential or exclusive use of bicycles. It is distinguished from the portion of the roadway for motor vehicle traffic by a paint stripe or similar device. Paved road shoulders are considered bicycle lanes.

(4) “Bicycle path” means a separate trail or path that is for the preferential or exclusive use of bicycles, when authorized by State law or municipal ordinances. Where a trail or path forms a part of a highway, it is separated from the roadway for motor vehicle traffic by an open space or barrier.

(5) “Highways” include all facilities defined in subdivisions 1(12), (20), and (23) of this title.

(6) “Sidewalk” means the portion of a street or highway right-of-way designated for primary or exclusive pedestrian use.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 15, eff. June 3, 1993; 2009, No. 50, § 93.)

§ 2302 Establishment and maintenance

The Agency may establish and maintain bicycle routes separately or in conjunction with the construction, reconstruction, or maintenance of an existing or new highway. In so doing, the Agency may use funds from any available source.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 16, eff. June 3, 1993.)

§ 2303 Rules

The Secretary may adopt rules concerning the development and use of bicycle routes, pursuant to the provisions of 3 V.S.A. chapter 25.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 17, eff. June 3, 1993.)

§ 2304 Repealed

[Repealed]

1993, No. 61, § 24, eff. June 3, 1993.

§ 2305 Agency powers and duties

The Agency:

(1) may acquire, in accordance with the procedures of chapter 5 of this title or by gift, any real property or interest in real property that shall be necessary or appropriate for the development of bicycle routes; and

(2) shall assist and cooperate with regional planning commissions, municipal governments, other State agencies, and citizens’ groups in the development and construction of local and regional bicycle projects and in the application for any funds available for these projects.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 18, eff. June 3, 1993; 1997, No. 38, § 16, eff. May 28, 1997; 2021, No. 105 (Adj. Sess.), § 369, eff. July 1, 2022.)

§ 2306 Repealed

[Repealed]

1993, No. 61, § 24, eff. June 3, 1993.

§ 2307 Municipalities; legislative bodies

(a) Legislative bodies of municipalities shall have the same powers granted the Agency under sections 2302, 2303, and 2305 of this title relating to highways under their jurisdiction, and funds appropriated to municipalities under section 306 of this title may be used for the establishment of bicycle routes.

(b) In the construction, reconstruction, alteration, or repair of bicycle routes that involves the taking of private lands, the legislative body of a municipality shall follow the procedures outlined in chapter 5 or chapter 7 of this title for the taking of private land for highways.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 12, eff. May 15, 1992; 1993, No. 61, § 19, eff. June 3, 1993.)

§ 2308 Repealed

[Repealed]

1993, No. 61, § 24, eff. June 3, 1993.

§ 2309 Liability of landowner

No landowner shall be liable for any property damage or personal injury sustained by any person who is using, for any purpose permitted by State law or by a municipal ordinance, bicycle routes or sidewalks constructed on the landowner’s property pursuant to this chapter, unless the landowner charges a fee for the use of the property. Landowner immunity from liability with regard to sidewalks under this section shall not extend to damage or injury to the extent that it arises from negligent, reckless, or willful acts of the landowner.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 20, eff. June 3, 1993; 2009, No. 50, § 95.)

§ 2310 Pavement of highway shoulders

(a) Notwithstanding the provisions of section 10c of this title, it is the policy of the State to provide paved shoulders on major State highways with the intent to develop an integrated bicycle route system and make the shoulders safer for pedestrian traffic. This shall not apply to the interstate highway and certain other limited access highways.

(b) Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the Agency deems it to be cost-prohibitive.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 21, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 3; 2007, No. 209 (Adj. Sess.), § 10.)

§ 2311 Cooperating agencies

For the purposes of this chapter, the Agency of Natural Resources shall assist the Agency of Transportation in matters relating to the recreational use and the availability of government funds that might be used for the purposes of this chapter. The Agency of Commerce and Community Development shall assist the Agency of Transportation in matters relating to bicycle tourism.

(Added 1993, No. 61, § 22, eff. June 3, 1993; amended 1995, No. 190 (Adj. Sess.), § 1(a).)

§ 2312 Statutory construction

The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter.

(Added 1993, No. 61, § 23, eff. June 3, 1993.)

Chapter 24 Complete Streets

§ 2401 Definition

As used in this chapter, “complete streets” means streets that provide safe and accessible options for multiple travel modes for individuals of all ages and abilities, including walking, cycling, public transportation, and motor vehicles.

(Added 2023, No. 62, § 35, eff. July 1, 2023.)

§ 2402 State policy

(a) Agency of Transportation funded, designed, or funded and designed projects shall seek to increase and encourage more pedestrian, bicycle, and public transit trips, with the State goal to promote intermodal access to the maximum extent feasible, which will help the State meet the transportation-related recommendations outlined in the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b and the recommendations of the Vermont Climate Action Plan (CAP) issued under 10 V.S.A. § 592.

(b) Except in the case of projects or project components involving unpaved highways, for all transportation projects and project phases managed by the Agency or a municipality, including planning, development, construction, or maintenance, it is the policy of this State for the Agency and municipalities, as applicable, to incorporate complete streets principles that:

(1) serve individuals of all ages and abilities, including vulnerable users as defined in 23 V.S.A. § 4(81);

(2) follow state-of-the-practice design guidance;

(3) are sensitive to the surrounding community, including current and planned buildings, parks, and trails and current and expected transportation needs; and

(4) when desired by the municipality or specifically identified in the regional plan, implement street design for purposes of calming and slowing traffic in State-designated centers under 24 V.S.A. chapter 76A.

(Added 2023, No. 62, § 35, eff. July 1, 2023; amended 2023, No. 148, § 32, eff. July 1, 2024.)

§ 2403 Projects not incorporating complete streets principles

(a) State projects. A State-managed project shall incorporate complete streets principles unless the project manager makes a written determination, supported by documentation, that one or more of the following circumstances exist:

(1) Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.

(2) The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors including land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements. The Agency shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors. If the project manager bases the written determination required under this subsection in whole or in part on this subdivision then the project manager shall provide a supplemental written determination with specific details on costs, needs, and probable uses, as applicable. The supplemental written determination shall also address any design elements that were desired by the municipality or specifically identified in the regional plan pursuant to subdivision 2402(b)(4) of this chapter but were not incorporated.

(3) Incorporating complete streets principles is outside the limited scope of a project as defined in the latest version of the Agency’s Complete Streets Guidance.

(b) Municipal projects. A municipally managed project shall incorporate complete streets principles unless the municipality managing the project makes a written determination, supported by documentation, that one or more of the following circumstances exist:

(1) Use of the transportation facility by pedestrians, bicyclists, or other users is prohibited by law.

(2) The cost of incorporating complete streets principles is disproportionate to the need or probable use as determined by factors such as land use, current and projected user volumes, population density, crash data, historic and natural resource constraints, and maintenance requirements. The municipality shall consult local and regional plans, as appropriate, in assessing these and any other relevant factors. If the municipality managing the project bases the written determination required under this subsection in whole or in part on this subdivision then the project manager shall provide a supplemental written determination with specific details on costs, needs, and probable uses, as applicable. The supplemental written determination shall also address any design elements that were desired by the municipality or specifically identified in the regional plan pursuant to subdivision 2402(b)(4) of this chapter but were not incorporated.

(3) Incorporating complete streets principles is outside the limited scope of a project as defined in the latest version of the Agency’s Complete Streets Guidance.

(c) Finality of determinations. The written determinations required by subsections (a) and (b) of this section shall be final and shall not be subject to appeal or further review.

(d) Posting and availability of determinations. The written determinations required by subsections (a) and (b) of this section shall be posted to a web page on the Agency of Transportation’s website dedicated to complete streets, in the case of a State-managed project, and made available for public inspection at the office of the municipal clerk, in the case of a municipally managed project.

(Added 2023, No. 62, § 35, eff. July 1, 2023; amended 2023, No. 148 (Adj. Sess.), § 32, eff. July 1, 2024.)

§ 2404 Annual report; public data source

(a) Annual report. Notwithstanding 2 V.S.A. § 20(d), the Agency shall annually, on or before September 1 starting in 2025, submit a report detailing the State’s efforts in following the complete streets policy established in section 2402 of this chapter during the previous fiscal year to the House and Senate Committees on Transportation.

(b) Public data source.

(1) The Agency of Transportation shall maintain a web-accessible and web-searchable data source dedicated to complete streets on the Agency’s website that shall contain information on all State-managed transportation projects that have been bid since January 1, 2023, including a description of the project, the location of the project, which complete streets principles were incorporated in the project, as applicable, and an explanation as to which circumstance or circumstances contained in subsection 2403(a) of this chapter existed in the case of projects not incorporating complete streets principles.

(2) The web-accessible and web-searchable data source required under this subsection shall be updated on at least an annual basis.

(Added 2023, No. 62, § 35, eff. July 1, 2023.)

Chapter 25 Scenic Roads

§ 2501 State Scenic Roads and Byways; designation and discontinuance

(a) On the recommendation of the municipalities through which a proposed or existing State Scenic Road or Byway passes and of the regional planning commissions that serve such municipalities, the Transportation Board may designate or discontinue any State highway, or portion of a State highway, as a State Scenic Road or Byway, in accordance with standards adopted by the Board by rule. The Board shall hold a public hearing on the recommendation, giving notice thereof to the municipalities and regional planning commissions, the Secretary, and the Commissioner of Tourism and Marketing, and shall submit a copy of its findings and decision to these parties within 60 days after receipt of the recommendation. The hearing shall be held in the vicinity of the proposed State Scenic Road or Byway.

(b) [Repealed.]

(c) A State Scenic Road or Byway shall not be reconstructed or improved unless the reconstruction or improvement is conducted in accordance with the Agency of Transportation’s Vermont Design Standards, as amended. Signs along State Scenic Roads and Byways shall comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 24; 1995, No. 190 (Adj. Sess.), § 1(a); 2011, No. 62, § 23; 2011, No. 139 (Adj. Sess.), § 51(h), eff. May 14, 2012; 2015, No. 40, § 29.)

§ 2502 Town scenic roads; designation and discontinuance

(a) On recommendation of the planning commission of a municipality, or on the initiative of the legislative body of a municipality, a legislative body may, after one public hearing warned for the purpose, designate or discontinue any town highway or portion of a town highway as a town scenic road. Such action by the legislative body may be petitioned by the registered voters of the municipality pursuant to the provisions of 24 V.S.A. § 1973.

(b) A town scenic road may be reconstructed or improved in a manner consistent with the Agency’s Vermont Design Standards, as amended. A class 1, 2, or 3 scenic road shall still be eligible to receive aid pursuant to the provisions of this title. Signs along town scenic roads shall comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2011, No. 62, § 24; 2015, No. 40, § 29.)

§ 2503 Register

The Agency may annually publish a register containing a listing of all State and locally designated scenic roads and byways. Any listing shall include the mileage of each road or byway and any special, natural, historical, or scenic attractions on the road or byway.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 40, § 29.)

§ 2504 Additional funds

The Agency, and any qualifying municipality, within the authority of State and federal law, may accept and spend any funds made available to them for the purpose of enhancing or establishing designated scenic roads or byways.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 25; 2015, No. 40, § 29.)

§ 2505 Rights of adjacent landowners

Nothing in this chapter shall preclude the rights of a landowner from developing property adjacent to a designated scenic road or byway, so long as the development is in accordance with existing law or ordinance.

(Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 40, § 29.)

Chapter 26 Design-Build Contracts and Public-Private Partnerships

Subchapter 1 Design-Build Contracts

§ 2601 Definitions

As used in this chapter, unless the context otherwise indicates:

(1) “Best value” means the highest overall value to the State, considering quality and cost.

(2) “Design-build contracting” means a method of project delivery where a single entity is contractually responsible to perform design, construction, and related services.

(3) “Major participant” means any entity that would have a major role in the design or construction of the project as specified by the Agency in the request for proposals.

(4) “Project” means the highway, bridge, railroad, airport, trail, transportation, building, or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties, and incidentals needed for a complete and functioning product.

(5) “Proposal” means an offer by the proposer to design and construct the project in accordance with all request-for-proposals provisions for the price contained in the proposal.

(6) “Proposer” means an individual, firm, corporation, limited-liability company, partnership, joint venture, sole proprietorship, or other entity that submits a proposal. After contract execution, the successful proposer is the design-builder.

(7) “Quality” means those features that the Agency determines are most important to the project. Quality criteria may include quality of design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct, and other factors that the Agency considers to be in the best interests of the State.

(Added 2009, No. 50, § 84; amended 2021, No. 20, § 109.)

§ 2602 Authorization

(a) Notwithstanding section 10 of this title or any other provision of law, the Agency may use design-build contracting to deliver projects. The Agency may evaluate and select proposals on either a best-value or a low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly as determined by the Agency, then the basis of award shall be best-value.

(b) The Agency shall identify those projects it believes are candidates for design-build contracting, including those involving extraordinary circumstances, such as emergency work, unscheduled projects, or loss of funding.

(c) The Agency retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities, or to advertise for new proposals if the Agency determines that it is in the best interests of the State.

(Added 2009, No. 50, § 84; amended 2021, No. 20, § 110.)

§ 2603 Prequalification

(a) The Agency may require that entities be prequalified to submit proposals. If the Agency requires prequalification, it shall give public notice requesting qualifications from interested entities electronically through the Agency’s publicly accessible website or through advertisements in newspapers. The Agency shall issue a request-for-qualifications package to all entities requesting one in accordance with the notice.

(b) Interested entities shall supply for themselves and for all major participants all information required by the Agency. The Agency may investigate and verify all information received. All financial information, trade secrets, or other information customarily regarded as confidential business information submitted to the Agency shall be confidential.

(c) The Agency shall evaluate and rate all entities submitting a conforming statement of qualifications and select the most qualified entities to receive a request for proposals. The Agency may select any number of entities, except that if the Agency fails to prequalify at least two entities, the Agency shall readvertise the project.

(Added 2009, No. 50, § 84.)

§ 2604 Request for proposals

The Agency may issue a request for proposals, which shall set forth the scope of work, design parameters, construction requirements, time constraints, and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the Agency. The request for proposals shall include the criteria for acceptable proposals. For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals. In the Agency’s discretion, the request for proposals may provide for a process, including the establishment of a team to review proposals, for the Agency to review conceptual technical elements of each proposal before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as nonresponsive. All such conceptual submittals and responses shall be confidential until award of the contract. The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all request-for-proposals requirements.

(Added 2009, No. 50, § 84.)

§ 2605 Low-bid award

If the basis of the award of responsive proposals is low-bid, then each proposal, including the price or prices, shall be sealed by the proposer and submitted to the Agency as one complete package. The Agency shall award the design-build contract to the proposer that submits a responsive proposal with the lowest cost, if the proposal meets all request-for-proposals requirements.

(Added 2009, No. 50, § 84.)

§ 2606 Best-value award

(a) If the basis of the award of responsive proposals is best-value, then each proposal shall be submitted by the proposer to the Agency in two separate components: a sealed technical proposal and a sealed price proposal. These two components shall be submitted simultaneously. The Agency shall first open, evaluate, and score each responsive technical proposal, based on the quality criteria contained in the request for proposals. The request for proposals may provide that the range between the highest and lowest quality scores of responsive technical proposals must be limited to an amount certain. During this evaluation process, the price proposals shall remain sealed, and all technical proposals shall be confidential.

(b) After completion of the evaluation of the technical proposals, the Agency shall open and review each price proposal. The Agency shall develop a system for assessing the cost and quality criteria. The Agency shall award the contract to the proposer of the project representing the best value to the Agency.

(Added 2009, No. 50, § 84.)

Subchapter 2 Public-Private Partnership Pilot [repealed Effective July 1, 2026]

§ 2611 Pilot established; intent [Repealed effective July 1, 2026]

(a)(1) The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met.

(2) Nothing in this subchapter is intended to modify any obligations or rights under any other law.

(b) Before the authority conferred under this subchapter terminates, the General Assembly intends to:

(1) review whether and how the Agency has exercised the authority and whether the P3 agreements it has entered into have served the public interest; and

(2) determine whether the authority should terminate, be extended, or be amended.

(1) the Agency not have authority to pursue any proposal that has not resulted in a P3 agreement prior to termination of the Agency’s authority; and

(2) any P3 agreement lawfully entered into prior to termination of the Agency’s authority shall continue in effect after termination of the authority.

(Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)

§ 2612 Definitions [Repealed effective July 1, 2026]

As used in this subchapter:

(1) “Facility” means transportation infrastructure that is, or if developed, would be, within the jurisdiction of the Agency or eligible for federal-aid funding managed through the Agency.

(2) “Project” means the capital development of a facility.

(3) “Proposal” means a conditional offer of a private entity that, after review, negotiation, and documentation, and after legislative approval if required under this subchapter, may lead to a P3 agreement as provided in this subchapter.

(4) “Public-private partnership” or “P3” means an alternative project delivery mechanism that may be used by the Agency to permit private sector participation in a project, including in its financing, development, operation, management, ownership, leasing, or maintenance. As used in this subchapter, “partnership” shall refer solely to a “public-private partnership” and “partner” shall refer to the State or to the private entity participant or participants in a public-private partnership.

(5) “P3 agreement” means a contract or other agreement between the Agency and a private entity to undertake a project as a public-private partnership and that sets forth rights and obligations of the Agency and the private entity in that partnership.

(Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; amended 2019, No. 59, § 24; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)

§ 2613 Authority [Repealed effective July 1, 2026]

(a) The Agency is authorized to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership. The Agency shall develop, and have authority to amend, criteria to review and evaluate such proposals to determine if they are in the public interest and shall review and evaluate all proposals received in accordance with these criteria. In addition to other criteria that the Agency may develop, at minimum, the criteria shall require consideration of:

(1) the benefits of the proposal to the State transportation system and the potential impact to other projects currently prioritized in the most recently adopted Transportation Program;

(2) the extent to which a proposal would reduce the investment of State funds required to advance the project that the proposal addresses; and

(3) the extent to which a proposal would enable the State to receive additional federal funding that would not otherwise be available.

(b) If the Agency determines that a proposal is in the public interest:

(1) The Agency is authorized to enter into a P3 agreement with respect to the proposal without legislative approval if:

(A) the project has been approved in the most recently adopted Transportation Program; and

(B) total estimated State funding over the lifetime of the project will be less than $2,000,000.00.

(2) For the following projects, the Agency is authorized to enter into a P3 agreement with respect to the proposal only if the Agency receives specific legislative approval to enter into the P3 agreement:

(A) a project that has not been approved in the most recently adopted Transportation Program; or

(B) a project for which total estimated State funding over the lifetime of the project will be $2,000,000.00 or more.

(Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)

§ 2614 Legislative approval [Repealed effective July 1, 2026]

If the Secretary determines that a proposal that requires legislative approval under section 2613 of this title is in the public interest and should be pursued, the Secretary shall submit to the General Assembly:

(1) a description of the proposal, including:

(A) a summary of the project scope and timeline;

(B) the rights and obligations of the State and private entity partner or partners, including the level of involvement of all partners in any ongoing operations, maintenance, and ownership of a facility;

(C) the nature and amount of State funding of the project and of any ongoing State financial responsibility for ongoing maintenance or operation costs; and

(D) its effect on any project in the most recent approved Transportation Program;

(2) a statement detailing how the proposal meets the Agency’s criteria developed under this subchapter; and

(3) proposed legislation to confer authority to the Agency to enter into a P3 agreement with respect to the proposal.

(Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)

§ 2615 Report [Repealed effective July 1, 2026]

(a) Annually, on or before January 15, the Agency shall report to the House and Senate Committees on Transportation:

(1) for each P3 agreement entered into following legislative approval required under this subchapter, for as long as the agreement is in effect, a description of the current status of the project and of any substantive change to the P3 agreement since the prior year’s report; and

(2) for each P3 agreement entered into since the prior year’s report pursuant to section 2613 of this title that did not require legislative approval, a description of the P3 agreement and of the project.

(b) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required unless the General Assembly takes specific action to repeal the report requirement.

(Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)

Chapter 27 Private Roads

§ 2701 Intent

The intent of this chapter is to state the responsibilities for the maintenance of a private road, in the absence of an express agreement or requirement governing such maintenance responsibilities, in accordance with the Vermont Supreme Court decision of Hubbard v. Bolieau, 144 Vt. 373 (1984), which draws upon established principles of Vermont law. This chapter will only apply to resolve conflicts regarding maintenance of private roads in the absence of an express agreement or requirement. The provisions of this chapter are not intended to abridge, enlarge, or modify any right provided under Hubbard and the common law of Vermont.

(Added 2011, No. 123 (Adj. Sess.), § 1.)

§ 2702 Private road maintenance

In the absence of an express agreement or requirement governing maintenance of a private road, when more than one person enjoys a common benefit from a private road each person shall contribute rateably to the cost of maintaining the private road and shall have the right to bring a civil action to enforce the requirement of this section.

(Added 2011, No. 123 (Adj. Sess.), § 1.)

Chapter 29 Vehicle Incentive Programs; Electric Vehicle Supply Equipment

§ 2901 Definitions

As used in this chapter:

(1) “Adaptive electric cycle” means an electric bicycle or an electric cargo bicycle that has been modified to meet the physical needs or abilities of the operator or a passenger.

(2) “Electric bicycle” has the same meaning as in 23 V.S.A. § 4(46)(A).

(3) “Electric cargo bicycle” means a motor-assisted bicycle, as defined in 23 V.S.A. § 4(45)(B)(i), with an electric motor, as defined under 23 V.S.A. § 4(45)(B)(i)(II), that is specifically designed and constructed for transporting loads, including at least one or more of the following: goods, one or more individuals in addition to the operator, or one or more animals. A motor-assisted bicycle that is not specifically designed and constructed for transporting loads, including a motor-assisted bicycle that is only capable of transporting loads because an accessory rear or front bicycle rack has been installed, is not an electric cargo bicycle.

(4) “Electric vehicle supply equipment (EVSE)” and “electric vehicle supply equipment available to the public” have the same meanings as in 30 V.S.A. § 201.

(5) “Plug-in electric vehicle (PEV),” “battery electric vehicle (BEV),” and “plug-in hybrid electric vehicle (PHEV)” have the same meanings as in 23 V.S.A. § 4(85).

(Added 2023, No. 62, § 19, eff. July 1, 2023; amended 2023, No. 148 (Adj. Sess.), § 23, eff. July 1, 2024.)

§ 2902 Incentive Program for New Plug-In Electric Vehicles

(a) Creation; administration.

(1) There is created the Incentive Program for New Plug-In Electric Vehicles (PEVs), which shall be administered by the Agency of Transportation.

(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of the Program.

(b) Program structure. The Incentive Program for New PEVs shall structure PEV purchase and lease incentive payments by income to help all Vermonters benefit from electric driving, including Vermont’s most vulnerable. Specifically, the Incentive Program for New PEVs:

(1) shall apply to both purchases and leases of new PEVs with an emphasis on incentivizing the purchase and lease of battery electric vehicles (BEVs) and plug-in hybrid electric vehicles (PHEVs) with an electric range of 20 miles or greater per complete charge as rated by the Environmental Protection Agency when the vehicle was new;

(2) shall provide not more than one incentive of not more than $3,000.00 for a PEV, per individual per year, to:

(A) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00;

(B) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States greater than $75,000.00 and at or below $125,000.00;

(C) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00;

(D) an individual who is part of a married couple with at least one spouse domiciled in the State whose federal income tax filing status is married filing jointly with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00; or

(E) an individual who is part of a married couple with at least one spouse domiciled in the State and at least one spouse whose federal income tax filing status is married filing separately with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00;

(3) shall provide not more than one incentive of not more than $6,000.00 for a PEV, per individual per year, to:

(A) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States at or below $60,000.00;

(B) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States at or below $75,000.00;

(C) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States at or below $90,000.00;

(4) shall, as technology progresses, establish a minimum electric range in order for a PHEV to be eligible for an incentive;

(5) shall apply to:

(A) manufactured PEVs with any base Manufacturer’s Suggested Retail Price (MSRP) that will be issued a special registration plate by the Commissioner of Motor Vehicles pursuant to 23 V.S.A. § 304a or will predominately be used to provide accessible transportation for the incentive recipient or a member of the incentive recipient’s household, provided that the incentive recipient or the member of the incentive recipient’s household has a removable windshield placard issued by the Commissioner of Motor Vehicles pursuant to 23 V.S.A. § 304a;

(B) manufactured PHEVs with a base MSRP as determined by the Agency of Transportation and meeting the following requirements:

(i) shall not exceed a base MSRP of $55,000.00;

(ii) shall phase out incentives for PHEVs with an electric range of less than 20 miles as rated by the Environmental Protection Agency when the vehicle was new; and

(iii) shall be benchmarked to a base MSRP of the equivalent of approximately $50,000.00 or less in model year 2023; and

(C) manufactured BEVs with a base MSRP as determined by the Agency of Transportation and meeting the following requirements:

(i) shall not exceed a base MSRP of $55,000.00; and

(ii) shall be benchmarked to a base MSRP of the equivalent of approximately $50,000.00 or less in model year 2023; and

(6) shall provide incentives that may be in addition to any other available incentives, including through another program funded by the State, provided that not more than one incentive under the Incentive Program for New PEVs is used for the purchase or lease of any one PEV.

(c) Administrative costs. Up to 15 percent of any appropriations for the Incentive Program for New PEVs may be used for any costs associated with administering and promoting the Incentive Program for New PEVs.

(d) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of the Incentive Program for New PEVs so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available, and such costs shall be considered administrative costs for purposes of subsection (c) of this section.

(Added 2023, No. 62, § 19, eff. July 1, 2023.)

§ 2903 MileageSmart

(a) Creation; administration.

(1) There is created a used high fuel efficiency vehicle incentive program, which shall be administered by the Agency of Transportation and known as MileageSmart.

(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of MileageSmart.

(b) Program structure. MileageSmart shall structure high fuel efficiency purchase incentive payments by income to help all Vermonters benefit from more efficient driving and reduced greenhouse gas emissions, including Vermont’s most vulnerable. Specifically, MileageSmart shall:

(1) apply to purchases of used high fuel-efficient motor vehicles, which for purposes of this program shall be pleasure cars with a combined city/highway fuel efficiency of at least 40 miles per gallon or miles-per-gallon equivalent as rated by the Environmental Protection Agency when the vehicle was new; and

(2) provide not more than one point-of-sale voucher worth up to $5,000.00 to an individual who is a member of a household with an adjusted gross income that is at or below 80 percent of the State median income; provided, however, that the Agency of Transportation may reduce the income eligibility threshold based on available funding or applicant volume, or both, in order to prioritize vouchers for households with lower income.

(c) EV infrastructure fees. For the first year that a plug-in electric vehicle, as defined in 23 V.S.A. § 4(85), purchased through MileageSmart is subject to the EV infrastructure fee pursuant to 23 V.S.A. § 361(b) or (c), the amount of the fee shall be an eligible expense under MileageSmart; provided, however, that this expense eligibility shall expire at such time as a mileage-based user fee for pleasure cars that are battery electric vehicles, as defined in 23 V.S.A. § 4(85)(A), takes effect in Vermont.

(d) Administrative costs. Up to 15 percent of any appropriations for MileageSmart may be used for any costs associated with administering and promoting MileageSmart.

(e) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of MileageSmart so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available, and such costs shall be considered administrative costs for purposes of subsection (d) of this section.

(Added 2023, No. 62, § 19, eff. July 1, 2023; amended 2023, No. 148 (Adj. Sess.), § 43, eff. July 1, 2024.)

§ 2904 Replace Your Ride Program

(a) Creation; administration.

(1) There is created the Replace Your Ride Program, which shall be administered by the Agency of Transportation.

(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of the Program.

(b) Program structure. The Replace Your Ride Program shall structure incentive payments by income to help all Vermonters benefit from replacing lower efficient modes of transportation with modes of transportation that reduce greenhouse gas emissions. The Agency may apply a sliding scale incentive based on electric range, with larger incentives being available for PEVs with a longer electric range.

(c) Incentive amount. The Replace Your Ride Program shall provide up to a $2,500.00 incentive for those who qualify under subdivision (d)(1)(A) of this section and up to a $5,000.00 incentive for those who qualify under subdivision (d)(1)(B) of this section, either of which may be in addition to any other available incentives, including through a program funded by the State, to individuals who qualify based on both income and the removal of an internal combustion vehicle. Only one incentive per individual is available under the Replace Your Ride Program.

(d) Eligibility. Applicants must qualify through both income and the removal of an eligible vehicle with an internal combustion engine.

(1) Income eligibility.

(A) The lower incentive amount of up to $2,500.00 is available to the following, provided that all other eligibility requirements are met:

(i) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00;

(ii) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States greater than $75,000.00 and at or below $125,000.00;

(iii) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00;

(iv) an individual who is part of a married couple with at least one spouse domiciled in the State whose federal income tax filing status is married filing jointly with an adjusted gross income under the laws of the United States greater than $90,000.00 and at or below $150,000.00; or

(v) an individual who is part of a married couple with at least one spouse domiciled in the State and at least one spouse whose federal income tax filing status is married filing separately with an adjusted gross income under the laws of the United States greater than $60,000.00 and at or below $100,000.00.

(B) The higher incentive amount of up to $5,000.00 is available to the following, provided that all other eligibility requirements are met:

(i) an individual domiciled in the State whose federal income tax filing status is single with an adjusted gross income under the laws of the United States at or below $60,000.00;

(ii) an individual domiciled in the State whose federal income tax filing status is head of household with an adjusted gross income under the laws of the United States at or below $75,000.00;

(iii) an individual domiciled in the State whose federal income tax filing status is surviving spouse with an adjusted gross income under the laws of the United States at or below $90,000.00;

(vi) an individual who is a member of a household with an adjusted gross income that is at or below 80 percent of the State median income.

(2) Vehicle removal.

(A) In order for an individual to qualify for an incentive under the Replace Your Ride Program, the individual must remove an older low-efficiency vehicle from operation and switch to a mode of transportation that produces fewer greenhouse gas emissions. The entity that administers the Replace Your Ride Program, in conjunction with the Agency of Transportation, shall establish Program guidelines that specifically provide for how someone can show that the vehicle removal eligibility requirement has been, or will be, met.

(B) For purposes of the Replace Your Ride Program:

(i) An “older low-efficiency vehicle”:

(I) is currently registered, and has been for two years prior to the date of application, with the Vermont Department of Motor Vehicles;

(II) is currently titled in the name of the applicant and has been for at least one year prior to the date of application;

(III) has a gross vehicle weight rating of 10,000 pounds or less;

(IV) is at least 10 model years old;

(V) has an internal combustion engine; and

(VI) passed the annual inspection required under 23 V.S.A. § 1222 within the prior 18 months.

(ii) Removing the older low-efficiency vehicle from operation must be done by disabling the vehicle’s engine from further use and fully dismantling the vehicle for either donation to a nonprofit organization to be used for parts or destruction.

(iii) The following qualify as a switch to a mode of transportation that produces fewer greenhouse gas emissions:

(I) purchasing or leasing a new or used PEV;

(II) purchasing a new or used bicycle, electric bicycle, electric cargo bicycle, adaptive electric cycle, or motorcycle that is fully electric, and the necessary safety equipment; and

(III) utilizing shared-mobility services.

(e) Administrative costs. Up to 15 percent of any appropriations for the Replace Your Ride Program may be used for any costs associated with administering and promoting the Replace Your Ride Program.

(f) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of the Replace Your Ride Program so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available and such costs shall be considered administrative costs for purposes of subsection (e) of this section.

(Added 2023, No. 62, § 19, eff. July 1, 2023; amended 2023, No. 148 (Adj. Sess.), § 17, eff. July 1, 2024.)

§ 2904a Replace Your Ride Program flexibility; emergencies

Notwithstanding subdivisions 2904(d)(2)(A) and (d)(2)(B)(i)(IV)–(VI) of this chapter, the Agency of Transportation is authorized to waive or modify the eligibility requirements for the Replace Your Ride Program under subdivisions (d)(2)(B)(i)(IV)–(VI) that pertain to the removal of an eligible vehicle as required under subdivision 2904(d)(2)(A) of this chapter provided that:

(1) the Governor has declared a state of emergency under 20 V.S.A. chapter 1 and, due to the event or events underlying the state of emergency, motor vehicles registered in Vermont have been damaged or totaled;

(2) the waived or modified eligibility requirements are prominently posted on any websites maintained by or at the direction of the Agency for purposes of providing information on the vehicle incentive programs;

(3) the waived or modified eligibility requirements are only applicable:

(A) upon a showing that the applicant for an incentive under the Replace Your Ride Program was a registered owner of a motor vehicle that was damaged or totaled due to the event or events underlying the state of emergency at the time of the event or events underlying the state of emergency; and

(B) for six months after the conclusion of the state of emergency; and

(4) the waiver or modification of eligibility requirements and resulting impact are addressed in the annual reporting required under section 2905 of this chapter.

(Added 2023, No. 148 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 2905 Annual reporting; vehicle incentive programs

(a) The Agency shall annually evaluate the programs established under sections 2902–2904 of this chapter to gauge effectiveness and shall submit a written report on the effectiveness of the programs and the State’s marketing and outreach efforts related to the programs to the House and Senate Committees on Transportation, the House Committee on Energy and Digital Infrastructure, and the Senate Committee on Natural Resources and Energy on or before January 31 in each year following a year that an incentive was provided through one of the programs.

(b) The report shall also include:

(1) any intended modifications to program guidelines for the upcoming fiscal year along with an explanation for the reasoning behind the modifications and how the modifications will yield greater uptake of PEVs and other means of transportation that will reduce greenhouse gas emissions;

(2) any recommendations on statutory modifications to the programs, including to income and vehicle eligibility, along with an explanation for the reasoning behind the statutory modification recommendations and how the modifications will yield greater uptake of PEVs and other means of transportation that will reduce greenhouse gas emissions; and

(3) any recommendations for how to better conduct outreach and marketing to ensure the greatest possible uptake of incentives under the programs.

(c) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required if an incentive is provided through one of the programs unless the General Assembly takes specific action to repeal the report requirement.

(Added 2023, No. 62, § 19, eff. July 1, 2023; amended 2023, No. 85 (Adj. Sess.), § 58, eff. July 1, 2024; 2023, No. 148 (Adj. Sess.), § 21, eff. July 1, 2024.)

§ 2906 Electric vehicle supply equipment goals

It shall be the goal of the State to have, as practicable, level 3 EVSE charging ports available to the public:

(1) within three driving miles of every exit of the Dwight D. Eisenhower National System of Interstate and Defense Highways within the State;

(2) within 25 driving miles of another level 3 EVSE charging port available to the public along a State highway, as defined in subdivision 1(20) of this title; and

(3) co-located with or within a safe and both walkable and rollable distance of publicly accessible amenities such as restrooms, restaurants, and convenience stores to provide a safe, consistent, and convenient experience for the traveling public along the State highway system.

(Added 2023, No. 148 (Adj. Sess.), § 23, eff. July 1, 2024.)

§ 2907 Annual reporting; electric vehicle supply equipment

(a) Notwithstanding 2 V.S.A. § 20(d), the Agency of Transportation shall:

(1) file a report, with a map, on the State’s efforts to meet its federally required Electric Vehicle Infrastructure Deployment Plan, as updated, and the goals set forth in section 2906 of this chapter with the House and Senate Committees on Transportation not later than January 15 each year until the Deployment Plan is met; and

(2) file a report on the current operability of EVSE available to the public and deployed through the assistance of Agency funding with the House and Senate Committees on Transportation not later than January 15 each year.

(b) The reports required under subsection (a) of this section can be combined when filing with the House and Senate Committees on Transportation and shall prominently be posted on the Agency of Transportation’s website.

(Added 2023, No. 148 (Adj. Sess.), § 23, eff. July 1, 2024.)