Title 19, Title 19: Highways

§ 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 p…

§ 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 …

§ 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,…

§ 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 …

§ 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 …

§ 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…

§ 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 act…

§ 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…

§ 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 o…

§ 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 provi…

§ 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 sh…

§ 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…

§ 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…

§ 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 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.…

§ 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-…

§ 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 provisio…

§ 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,…

§ 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 …

§ 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 …

§ 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…

§ 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 field…

§ 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 …

§ 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; amende…

§ 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…

§ 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 o…

§ 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 comme…

§ 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,…

§ 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…

§ 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, an…

§ 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 (…

§ 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 bri…

§ 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 sh…

§ 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 ava…

§ 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 sha…

§ 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 s…

§ 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 por…

§ 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 agai…

§ 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 …

§ 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)…

§ 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 …

§ 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 provi…

§ 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…