Title 19, Highways

§ 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…

§ 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…

§ 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 …

§ 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 propert…

§ 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 Transp…

§ 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…

§ 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…

§ 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 jur…

§ 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 …

§ 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 a…

§ 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 befo…

§ 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 a…

§ 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 year…

§ 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 w…

§ 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 pr…

§ 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 ti…

§ 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 …

§ 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 certi…

§ 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 …

§ 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 …

§ 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 r…

§ 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…

§ 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…

§ 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 198…

§ 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.)

§ 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…

§ 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 sectio…

§ 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 pur…

§ 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 p…

§ 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 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.)

§ 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, §…

§ 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…

§ 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 circums…

§ 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 …

§ 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…

§ 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 disc…

§ 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 byw…

§ 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. Se…

§ 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. Se…

§ 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 contractual…

§ 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…

§ 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 w…

§ 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…