Title 05, Title 05: Aeronautics and Surface Transportation

§ 482. Determination of liability The liability of the owner of one aircraft to the owner of another aircraft or to airmen or passengers on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on land. (A…

§ 483. Penalties A person who violates a provision of this chapter, unless some other penalty is specifically provided, shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 484. Secretary as attorney for service of process The acceptance by a person of the rights and privileges conferred upon him or her by this part of this title, as evidenced by his or her operating, or causing to be operated, an aircraft in this State, shall be deemed equivalent…

§ 485. Service on Secretary; mailing copies; fees (a) Service of process under section 484 of this title shall be made by leaving a copy of the process with a fee of $20.00 with the Secretary or in his or her office. That service shall be sufficient service upon the person, provi…

§ 486. Continuances; costs The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee provided in section 485 of this title shall be taxed in the plaintiff’s costs, if he or…

§ 601. Joint acquisition and operation; lease One or more municipalities may individually or jointly acquire real property by purchase, lease, or condemnation for the purposes of this subchapter. They may establish, construct, equip, maintain, and operate an airport, landing fiel…

§ 602. Resolution; joint committee The resolution providing for such action shall be adopted by the legislative body of the municipality or municipalities, as defined in 24 V.S.A. § 2001. If there is more than one municipality, they shall create an intermunicipal committee as the…

§ 603. Details of resolution The resolution may specify matters as to which the action of the committee shall require the joint approval of the bodies. It shall also prescribe the proportions of the cost of the project to be borne by the municipalities respectively. The monies to…

§ 604. Extension of boundaries; abandonment; location The resolution may be amended from time to time with the concurrence of each of the bodies, and the boundaries of the airport or landing place may be extended or the project abandoned in like manner at any time. A joint airpor…

§ 605. Single municipality; adjacent state A single municipality may direct an appropriate officer, board, or body to acquire or lease real property or may set apart and use real property owned by the municipality that, in the judgment of its legislative body, is not needed for a…

§ 606. Vote; income; issuance of notes or bonds An airport or landing field shall not be established or constructed, or equipped, maintained, or improved by a municipality, acting either singly or jointly with one or more other municipalities, unless and until a proposition fixin…

§ 607. Acquisition by federal government The cities and towns of this State owning or operating a municipal airport, in order more readily to cooperate with the federal government to further national defense, are hereby empowered by their legislative bodies to lease or sell and c…

§ 608. Relations with federal government Municipalities of this State owning or operating a municipal airport are hereby empowered to: (1) accept grants, loans, and assistance subject to Agency approval from the federal government for the construction, repair, improvement, and de…

§ 651. Exercise of right of eminent domain The Agency or a town, city, or village that is authorized, in accordance with the provisions of this part of this title or special legislation, to acquire, maintain, and operate an airport, landing field, or air navigation facility, or t…

§ 652. Condemnation proceedings The Secretary of Transportation or the legislative body of a municipality, as defined in 24 V.S.A. § 2001, or the committee representing two or more municipalities, when authorized by vote of their legislative bodies, may institute condemnation pro…

§ 653. Findings and compensation Necessity and compensation for such property shall be determined as provided in 19 V.S.A. chapter 5; provided, however, that “necessity” shall mean a reasonable need in order that the petitioner may render adequate service to the public in the ope…

§ 655. Property devoted to public use Property or a right in property that is devoted to a public use may be taken under this subchapter if it is alleged in the petition and found by the court in the proceedings that the public interest will be better served by the use of the pro…

§ 691. Grants by State For the purpose of developing adequate air facilities for this State through assistance to municipalities in the acquirement, construction, expansion, enlargement, or improvement of an airport in this State, the Secretary is authorized to grant from availab…

§ 692. Proportion to federal funds In the event that funds appropriated for the purposes of this subchapter are insufficient to meet the proportion of matching funds specified in this section for the federal grant to a municipality for that project, the Secretary is authorized to…

§ 693. Conditions A municipality receiving grants from the State of Vermont shall meet such conditions as the Secretary: (1) may establish with respect to maintenance and continued use of the subject airport site for aeronautical purposes; and (2) shall establish in order to requ…

§ 694. Application Subject to the provisions of section 695 of this title, a municipality may apply to the Secretary for funds provided for the purposes of this subchapter when the municipality has received a tentative allocation of federal airport funds for a project. Upon appro…

§ 695. Federal assistance A municipality may petition the Secretary to serve as its agent to accept, receive, account for, and disburse all funds granted by the United States for an airport project. If the Secretary agrees to serve as agent, the municipality shall enter into an a…

§ 696. Payment Following inspection and audit of costs allowable under terms of the Airport Improvement Program codified at 49 U.S.C. §§ 47101–47144, as amended, funds shall be payable upon application by the municipality at the times designated by the Secretary, but in no case s…

§ 697. Responsibility, title, and maintenance on completion of project Upon completion of the project, title to, responsibility for, and maintenance of the airport shall rest with the municipality. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 751. Policy of State To provide for the orderly development of air facilities in this State and to cooperate with the national government by making available sites for airports, landing fields, air navigation facilities, and landing strips necessary for defense against an attac…

§ 752. Use of appropriations No part of an appropriation provided for the purposes of sections 751-754 of this title shall be used for any purpose except for purchase of land or rights in land for airports, landing fields, and landing strips and for the payment of costs incidenta…

§ 753. Matching local funds Money from the appropriation shall be used to match, dollar for dollar, money appropriated, raised, or contributed by a local governmental unit, city or town, or by a combination of units for the purchase of lands or rights in land for airport, landing…

§ 754. Title; taxation Title to land purchased in conformity with sections 751-753 of this title shall vest entirely in the State, jointly in the State and the local governmental units, or entirely in the local governmental units as in each case is most proper. Land so acquired s…

§ 771. State aid for repair, maintenance, and improvement The Secretary is authorized to render financial assistance in the repair, maintenance, and improvement of municipal and privately owned air navigation facilities. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 772. Lease of land for restricted landing areas For the purpose of further development of an adequate system of air navigation facilities, the Secretary is authorized to lease in the name of the State areas of land suitable to the development of restricted landing areas, togeth…

§ 773. Rules The Secretary is authorized to adopt rules governing the provisions of this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23, § 70.)

§ 774. Funds Funds appropriated for purposes enumerated in section 691 of this title may, at the discretion of the Secretary, be used for the purpose of this subchapter. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 801. Establishment of air navigation facilities When it is determined by the Secretary that aeronautic development and safety in this State will be furthered, the Agency is authorized to establish, acquire, own, and operate air navigational facilities including radio air naviga…

§ 802. Establishment or acquisition of radio air navigational aid In establishing or acquiring a radio air navigational aid, the Agency shall determine the degree to which its operation will further the safety of air navigation within its effective range and the degree to which t…

§ 803. Lease and operation of radio air navigational aid As an alternative to acquiring and owning an existing radio air navigational aid, the Agency is authorized at its discretion to lease and operate such a facility if the purposes of safety and economy will be equally served.…

§ 804. Acquisition of airports For the purposes of establishing a permanent system of airports within the State, the Secretary, with the approval of the Governor and the General Assembly, may acquire title by agreement or condemnation to an airport that has been discontinued by t…

§ 805. Acquisition of areas for safe approaches The Agency may acquire control by lease or agreement of an area extending from the end of each runway and of such dimensions as are deemed necessary to provide safe approaches. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 806. Improvements After acquiring title to an airport, the Agency may make such improvements as are deemed essential to its use by the public. Improvements may include access roads or rights-of-way, buildings, grading, marking and seeding of runways, and routine airport mainten…

§ 807. Lease for aircraft hangars and other structures; lease to business entities (a) A designated area or areas on the airport may be leased to a person for the purpose of constructing aircraft hangars, repair shops, or other structures compatible with the use and operation of …

§ 808. Maintenance of airports The Secretary shall be responsible for the maintenance of the airport in a manner consistent with its anticipated type of use by the public. According to its location and traffic needs and available appropriations, the airport may be held open to th…

§ 809. Personnel and equipment Employees may be retained for management and maintenance purposes as are required for one or more State-controlled airports. Equipment for proper maintenance of airports may be purchased and suitably housed. (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 1001. Short title This chapter shall be known and may be cited as the “Airport Zoning Act.” (Added 1985, No. 222 (Adj. Sess.), § 2.)

§ 1002. Airport zoning commission Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board that is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recom…

§ 1003. Joint zoning board; powers If an airport hazard area appertaining to an airport is located outside the territorial limits of the political subdivision that owns or controls the airport, the political subdivision owning or controlling the airport and the political subdivis…

§ 1004. Zoning regulations generally Any political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed in this chapter airport zoning regulations for an airport hazard area, wh…

§ 1005. Incorporation in comprehensive zoning regulations In the event that a political subdivision adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area m…