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title-5•Title 5 — Aeronautics and Surface Transportation Generally
title-55 V.S.A.Code1 gen 1900
The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.
As used in this title, unless the context requires otherwise:
(1) “Agency” means the Agency of Transportation.
(2) “Board” means the Transportation Board.
(3) “Municipality” means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services.
(4) “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative.
(5) “Political subdivision” means any county, city, town, or other municipality.
(6) “Secretary” means the Secretary of Transportation.
(7) “Agency of Transportation” or “Agency” means the State, the Agency of Transportation, its Secretary, or its officials.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 16, eff. July 1, 2022.)
The provisions of this part set forth the duties, authority, and responsibility and procedures of the Transportation Board relative to the provisions of this title, except as otherwise provided.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
Proceedings before the Board authorized by this title may be commenced on motion of the Board or by a petition as specifically provided for by law.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
So far as is necessary for the performance of their duties, the members of the Transportation Board or the Secretary of Transportation or his or her designee and any other employee of the Agency authorized by the Secretary shall have power to examine the books, accounts, and papers of any person, receiver, trustee, or lessee owning or operating any line, plant, or property, subject to the Board’s or the Agency’s jurisdiction, that in any way relate to or contain entries, data, or memoranda concerning any transaction substantially affecting the interests of the State of Vermont or consumers of transportation services within the State. In addition to these powers, they may subpoena witnesses, administer oaths to witnesses, and examine them on all matters over which the Board or Agency has jurisdiction.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
The members of the Transportation Board, or the Secretary of Transportation or his or her designee and other employees of the Agency authorized by the Secretary, may during business hours enter and inspect the offices, plants, facilities, and stations or enter upon the land or lines of any company subject to supervision by the Board or the Agency.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
A person, company, or corporation subject to the supervision of the Board or the Agency who refuses the Board or the Agency access to its books, accounts, or papers so far as may be necessary under the provisions of this chapter, or who fails or refuses to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Board, shall be fined not more than $5,000.00. An individual who knowingly, under oath, makes a false return or statement or gives false information to the Board or the Agency, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
The Agency of Transportation, its representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in the manner and be used for those purposes that the Supreme Court by rule has provided for taking depositions in civil actions in the Superior Courts.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
(a) All processes and hearing notices issued by the Board shall state the time and place of return and at least 12 days’ notice shall be given as the Board directs by certified or registered mail or publication, unless a shorter period is ordered by the Board as provided in subsection (b) of this section. However, all processes and notices pertaining to and on any hearings on clearances or other matters concerning the safety of railroad employees shall in addition be sent to the union representing the affected employee, if any.
(b) The Board may shorten the notice period specified in subsection (a) of this section and grant a temporary restraining order under terms as it considers appropriate, if:
(1) it clearly appears from specific facts shown by affidavit or by verified petition that immediate and irreparable injury, loss, damage, or danger to health will result to the petitioner before a hearing can be had upon notice as provided in subsection (a) of this section; and
(2) notice of the application for the restraining order has been given to the company involved or to its attorney.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 2017, No. 132 (Adj. Sess.), § 1.)
(a) When a Board member who hears all or a substantial part of a case retires from office before the case is completed, that individual shall remain a member of the Board for the purpose of concluding and deciding the case and signing the findings, orders, decrees, and judgments of the case. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken.
(b) A case shall be deemed completed when the Board enters a final order even though judicial review is sought pursuant to 19 V.S.A. § 5(c) or the case remanded to the Board. Upon remand, the Board then in office may consider relevant evidence, including any part of the transcript of testimony in the proceedings prior to appeal.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 184 (Adj. Sess.), § 27, eff. July 1, 2022.)
The fees of witnesses before the Board or the Agency shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense of summoning them shall be paid by the Executive Secretary or the Secretary. Periodically, the Executive Secretary and the Secretary may request money from the Commissioner of Finance and Management to pay fees and expenses, and the Commissioner of Finance and Management shall issue his or her warrants.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 33, § 11.)
The Board shall have authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of the investigations or hearings or in the making of the orders, the Board shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
(a) The forms, pleadings, and rules of practice and procedure before the Board shall be prescribed by the Board.
(b) The Board shall hear all matters within its jurisdiction and make findings of fact. It shall state its rulings of law when required. Upon judicial review pursuant to 19 V.S.A. § 5(c), the Board’s findings of fact shall be accepted unless clearly erroneous.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.) § 1; 2021, No. 184 (Adj. Sess.), § 28, eff. July 1, 2022.)
A party to an order or decree of the Transportation Board or the Board itself, or both, may complain to a Superior Court for relief against any disobedience of or noncompliance with a Board order or decree. In enforcement proceedings and upon notice as directed by the Superior Court, the Superior Court shall hear and consider the petition and make orders and decrees concerning the enforcement of the order and decree of the Transportation Board as the court deems appropriate.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
Whenever the Agency of Transportation determines that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Board or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Board, the Agency of Transportation may commence an action or proceeding in any Superior Court for the purpose of having the violations or threatened violations stopped and prevented by injunction. An action or proceeding shall begin by a petition alleging the violation and asking for appropriate relief by way of injunction. It shall then be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary restraining order and preliminary injunction in accordance with the laws of the State and rules in the case made and provided. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in the manner as the court directs without other or formal pleadings and without respect to any technical requirement. Any other persons as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Agency. The final judgment in any injunction action or proceedings shall either dismiss the action or proceeding or direct that an injunction be issued as asked for in the petition or in a modified form as the court may determine will afford appropriate relief.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
A party to a cause who feels aggrieved by the final order, judgment, or decree of the Board may seek judicial review pursuant to 19 V.S.A. § 5(c). However, the Board, before final judgment, may permit an interlocutory appeal to be taken by any party pursuant to 19 V.S.A. § 5(c) for determination of questions of law in the same manner as the Supreme Court may by rule provide for appeals before final judgment from a Superior Court. Notwithstanding the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate Procedure, neither the time for filing a notice of appeal nor the filing of a notice of appeal, as provided in this section, shall operate as a stay of enforcement of an order of the Board unless the Board or the Supreme Court grants a stay under the provisions of section 44 of this chapter.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 56; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)
Upon appeal to the Supreme Court, the Court may reverse or affirm the judgments, orders, or decrees of the Transportation Board and may remand a cause to it with mandates, as law or equity shall require; and the Board shall enter its judgment, order, or decree in accordance with these mandates. Appeals to the Supreme Court shall not have the effect of vacating any judgment, order, or decree of the Board, but the Supreme Court, upon notice to interested parties, may suspend execution of a Board judgment under a decree as justice and equity require unless otherwise specifically provided by law.
(Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 2; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)
(a) For purposes of the proceedings described in subsection (b) of this section, the Board or Agency may retain the services of legal counsel, official stenographers, and expert witnesses. These persons shall be in addition to its regular personnel. The Board or Agency shall fix the amount of compensation and expenses to be paid to the additional personnel.
(b) Proceedings for which additional personnel may be retained are:
(1) hearings resulting from a company’s request to seek an increase in its rates, tolls, or charges, including hearings resulting from complaints against the proposed increase;
(2) hearings resulting from a petition by a company or a person operating a company to issue stock, bonds, notes, or other evidences of indebtedness for which the approval of the Board is required by law; and
(3) hearings resulting from a petition for a merger or consolidation for which the approval of the Board is required by law.
(c) Persons employed by the State are competent to be designated to act for the same purposes and instead of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
(a) The Board or the Agency may allocate the portion of the expense incurred by it in retaining additional personnel for the particular proceedings authorized in section 45 of this title to the company or companies involved in those proceedings. Periodically during the progress of the work of additional personnel, the Board or Agency shall render to the company detailed statements showing the amount of money expended or contracted for in the work of the personnel, which shall be paid by the company into the State Treasury at the time and in the manner as the Board or Agency may direct.
(b) When regular employees of the Board or Agency are employed in the particular proceedings described in section 45 of this title, the Board or the Agency may also allocate the portion of these costs to the company or companies involved in the proceedings. The costs of regular employees shall be computed on the basis of working days within the salary period. The manner of assessment and of making payments shall otherwise be as provided in subsection (a) of this section.
(Added 1985, No. 222 (Adj. Sess.), § 1.)
[Repealed]
1987, No. 160 (Adj. Sess.), § 1, eff. April 26, 1988.
This chapter may be cited as the “State Aeronautics Act.”
(Added 1985, No. 222 (Adj. Sess.), § 2.)
As used in this part of this title, unless the context otherwise requires:
(1) “Aeronautics” means the science, art, and practice of flight, including transportation by aircraft and matters relating to air commerce; the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and aircraft accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities; and air instruction.
(2) “Aeronautics instructor” means an individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for hire or reward, without advertising his or her occupation; without calling his or her facilities an “air school” or anything equivalent; and without employing or using other instructors. But it does not include an instructor in a public school or university of this State, or an institution of higher learning accredited and approved for carrying on collegiate work, while engaged in his or her duties as instructor.
(3) “Aircraft common carrier” means any person that holds itself out to the general public, whether directly or indirectly or by a lease or any other arrangement, to engage in scheduled air commerce over regular route or routes.
(4) “Carrier by aircraft” means any person who undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in intrastate air transportation which at any time or in any manner is not subject to the rules of the U.S. Department of Transportation or other federal agency having jurisdiction.
(5) “Air commerce” means the transportation by aircraft of persons or property or any class or classes, including express for compensation or hire, or flights that are certified wholly within the State of Vermont and that are made in serving as a local feeder route or are made by a carrier that does not operate a connecting air route to or from a point outside the State, or to provide excursion or sight-seeing trips.
(6) “Aircraft” means a contrivance used or designed for navigation of or flight in the air and specifically includes ultralight aircraft.
(7) “Air instruction” means the imparting of aeronautical information by an aeronautics instructor or by an air school or flying club.
(8)(A) “Airman” means an individual:
(i) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when underway;
(ii) who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; or
(iii) who serves in the capacity of aircraft dispatcher or air-traffic control-tower operator.
(B) “Airman” does not include an individual:
(i) employed outside the United States;
(ii) employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection with aircraft, aircraft engines, propellers, or appliances; or
(iii) performing inspection or mechanical duties in connection with aircraft owned or operated by the individual.
(9) “Air navigation” means the operation of aircraft in the air space over this State, or upon any airport or restricted landing area within this State.
(10) “Air navigation facility” means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid or convenience of air navigation, including airports and restricted landing areas.
(11) “Airport” means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way.
(12) “Airport hazard” means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off.
(13) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this part.
(14) “Airport protection privileges” means an interest in air space over land or water, or in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation of airports and restricted landing areas.
(15) “Air school” means a person engaged in giving, or offering to give, instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or the holding out as giving or offering to give this instruction. But, it does not include a public school or university of this State or an institution of higher learning duly accredited and approved for carrying on collegiate work.
(16) “Civil aircraft” means aircraft other than public aircraft.
(17) “Flying club” means a person, other than an individual, that neither for profit nor reward owns, leases, or uses one or more aircraft for the purpose of instruction or pleasure, or both.
(18) “Local feeder route” means an air route branching laterally from an intermediate point along an interstate route, which branch route is confined to points within the State of Vermont.
(19) “Municipality” means a county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities.
(20) [Repealed.]
(21) “Operation of aircraft” or “operate aircraft” means the use of aircraft for air navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation of aircraft, with or without the right of legal control, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutory law of this State.
(22) “Overcharges” means charges for transportation service in excess of those applicable under the tariff lawfully on file with the Board.
(23) “Public aircraft” means aircraft used exclusively in the service of any government, or any political subdivision, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.
(24) “Restricted landing area” means an area of land or water, or both, that is used or is made available for the landing and take-off of aircraft, the use of which, except in case of emergency, shall be only as provided from time to time by the Board.
(25) [Repealed.]
(26) “Structure” means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), §§ 1, 4; 1999, No. 18, § 16, eff. May 13, 1999; 2017, No. 113 (Adj. Sess.), § 5; 2017, No. 132 (Adj. Sess.), § 2; 2023, No. 6, § 13, eff. July 1, 2023.)
It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress:
(1) by providing for the protection and promotion of safety in aeronautics;
(2) by cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
(3) by granting to a State agency such powers and imposing upon it such duties that the State may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this State and others engaged in aeronautics, and encourage and develop aeronautics;
(4) by establishing such regulations as are essential in order that persons engaged in aeronautics of every character may so engage, consistent with the safety and the rights of others; and
(5) by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and authorities of this State.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 14, eff. July 1, 2023.)
(a) To carry out the purposes of this part, the Agency of Transportation shall have power, subject to subsection (b) of this section:
(1) To contract in the name of the State with individuals, firms, or corporations, with officials of a town, city, or village, with officials of a group of either or both of such governmental units, with officials of another state, or with officials or agencies of the federal government to carry out the purposes of this part.
(2) To receive, manage, use, or expend, for purposes directed by the donor, gifts, grants, or contributions of any name or nature made to the State for the promotion or development of aeronautics or for aeronautics facilities. The authority granted in this subdivision shall be subject to the provisions of 32 V.S.A. § 5.
(3) To operate, manage, use, exchange, lease, or otherwise deal with or dispose of, in whole or in part, land and rights in land acquired in the name of the State by purchase, gift, or otherwise, under authorization of this part, and to charge reasonable fees for such use or the use of landing areas, parking areas, buildings, and other facilities, or for services rendered. Monies received from the fees shall be paid into the State Treasury and credited to the Transportation Fund.
(4) To acquire on behalf of the State, acting either alone or with local governmental units or the federal government, by purchase or by the exercise of the right of eminent domain, property, easements, or other rights in property needed to carry out the purposes of this part. In taking property, easements, or rights in property located in this State, the right of eminent domain shall be exercised in the manner and subject to the limitations provided for in 19 V.S.A. chapter 5, except as otherwise provided in chapter 15, subchapter 2 of this part.
(b) An acquisition or transfer under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or 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 or transfer 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. 222 (Adj. Sess.), § 2; amended 2011, No. 153 (Adj. Sess.), § 48; 2015, No. 40, § 13.)
(a) The Agency shall have general supervision over aeronautics within this State.
(b) The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. The Agency shall represent the State in aeronautical matters before federal and state agencies. The Agency may participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen in any proceeding that involves the interest of the State in aeronautics.
(c) The Agency shall perform acts, issue and amend orders, adopt and amend reasonable general or special rules and procedure, and establish minimum standards, consistent with the provisions of this part, as the Agency shall deem necessary to carry out the provisions of this part.
(d) The Agency shall keep on file with the Secretary of State, and at its own principal office, a copy of all its rules for public inspection.
(e) Insofar as is reasonably possible, the Agency may make available the engineering or other technical services of the Agency, on terms as it deems reasonable, to any municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.
(f) The Agency shall enforce and assist in the enforcement of this part, all rules issued pursuant to this part, and all other laws of this State relating to aeronautics. For enforcement purposes, police powers are conferred upon the Secretary and the officers and employees of the Agency as may be designated by the Secretary.
(g) The Secretary, or any officer or employee of the Agency designated by the Secretary, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and orders or rules of the Agency, and concerning accidents in aeronautics within this State. The Secretary and his or her designees shall have the powers specified in section 32 of this title.
(h) The Agency may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this State, out of appropriations made by the General Assembly for that purpose.
(i)(1) The Agency shall prepare and keep up to date workable plans for the immediate handling of the following emergency type situations arising from aeronautics activities:
(A) locating aircraft believed lost and down within Vermont;
(B) locating, whether with respect to such aircraft or to aircraft believed lost and down outside the State, all occupants who are down within Vermont; and
(C) locating persons believed lost and down in Vermont through being separated from aircraft overflying Vermont.
(2) Workable plans shall mean plans of action for search and rescue that will mobilize all State agencies that can contribute in such emergencies, each agency’s contribution being what it has agreed upon in advance, the first objective being to save human life and render prompt aid to survivors.
(3) The Agency shall have operational control in the execution of workable plans of all air activities, but as to ground activities shall only have operational control over its own ordinary personnel.
(4) Notwithstanding subdivision (3) of this subsection, the Agency shall have the duty of sifting and coordinating all information pertaining to such emergency type situations arising from aeronautics activities.
(j) The Agency may contract with the private sector, through the competitive procurement process, for some or all maintenance at State airports.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 3; 1997, No. 38, § 14b, eff. May 28, 1997; 2015, No. 23, § 68; 2021, No. 105 (Adj. Sess.), § 17, eff. July 1, 2022; 2023, No. 6, § 15, eff. July 1, 2023.)
(a) The Agency is authorized to cooperate with the government of the United States in the acquisition, construction, improvement, maintenance, and operation of airports and other navigation facilities in this State, and to comply with the provisions of the laws or regulations of the United States for the expenditure of federal monies upon airports and other air navigation facilities.
(b) The Agency is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this State, appropriated to the Agency or that have been approved for receipt pursuant to 32 V.S.A. § 5 or 511.
(c) All monies accepted for disbursement by the Agency pursuant to subsection (b) of this section shall be deposited in the State Treasury and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the monies were made available, and held by the State in trust for such purposes. All monies shall be expended for the purposes for which they were made available and in accordance with federal laws and regulations and with this chapter. The Agency is authorized, whether acting for this State or as the agent of any of its municipalities, or when requested by the U.S. government or any agency or department of the U.S. government, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 40, § 14.)
(a) The Board is authorized to approve airport and restricted landing area sites or other air navigation facilities in accordance with rules to be adopted by the Board. Certificates of approval shall be granted for airports and restricted landing areas that were being operated on or before July 1, 1945.
(b) [Redesignated.]
(c) All proposed airports, restricted landing areas, and other air navigation facilities shall be first approved by the Board before they are used or operated. A municipality or person proposing to establish an airport, restricted landing area, or a seaplane landing area shall make application to the Board for a certificate of approval of the site selected and the general purpose or purposes for which the airport, restricted landing area, or seaplane landing area is to be established to ensure that it shall conform to minimum standards of safety and shall serve public interest. A municipality or officer or employee or any person shall not operate an airport, restricted landing area, seaplane landing area, or other air navigation facility for which a certificate of approval has not been issued by the Board.
(d) The application for a certificate of approval of the site selected shall be in writing and substantially describe the property involved and the general purposes for which it is to be acquired and the manner in which the acquisition is asserted to serve the public interest. The application shall designate the names of all owners or persons known to be interested in lands adjoining the property and their residences, if known, and shall contain such further matter as the Board by rule shall determine. The application shall be supported by documentation showing that the proposed facility has received municipal approval. After evaluating the application, the Board shall issue its order giving notice of the time and place of hearing on the application. The applicant shall give notice of the proceedings to all persons owning or interested in adjoining lands by delivery of a true copy of the application and order for hearing by registered or certified mail to the last known address of each of the persons; the notice to be mailed at least 12 days prior to the date of the hearing. Notice of the hearing and a general statement of the purpose shall be published at least once in a newspaper of common circulation in the town where the property described in the application is situated at least two days before the date of the hearing, and a similar notice shall be posted in a public place at least 12 days before the hearing. Upon compliance by the applicant with the foregoing provisions for notice, the Board shall hear the applicant and all parties interested on the question of approval of the site or sites and shall consider and determine whether in the public interest the application ought to be granted. Whenever the Board makes an order granting or denying a certificate of approval of an airport, or a restricted landing area, approval to use or operate an airport or a restricted landing area or other air navigation facility, an aggrieved person may seek judicial review pursuant to 19 V.S.A. § 5(c).
(e) In determining whether it shall issue a certificate of approval for the location of any proposed airport or restricted landing area, the Board shall take into consideration the Agency’s recommendations, the proposed facility’s location, size, and layout, the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, existence of suitable areas for expansion purposes, absence of hazardous obstructions in adjoining areas based on a proper glide ratio, the nature of the terrain comprising the airport location and adjoining areas, the nature of the uses to which the proposed airport or restricted landing area will be put and the possibilities for future development, and shall determine that the use will serve the public interest.
(f) Prior to the beginning of aeronautics operations on the site approved, the owner of the site shall apply to the Board for operational approval of the airport. In granting operational approval, the Board shall take into consideration the Agency’s recommendations, the length, width, and smoothness of landing strips, longitudinal and transverse grade of the strips, freedom of the usable area from hazardous soil and surface conditions, absence of hazardous obstructions in approach zones, establishment of a suitable wind direction indicator, and other matters pertinent to the character of operations proposed to be undertaken at the subject airport, and shall determine that the proposed use of the site will serve the public interest.
(g) Unless determined otherwise by the Board, the hearing provisions of subsection (d) of this section shall not apply to helicopter landing areas, ultralight landing areas, and restricted landing areas designed for personal use.
(h) In emergency circumstances, the Agency may suspend temporarily, and in nonemergency circumstances, the Board may revoke both temporarily and permanently any certificate of approval when it shall determine that an airport, restricted landing area, or other air navigation facility is not being maintained or used in accordance with the provisions of this chapter and the rules adopted. A person aggrieved by a temporary suspension issued by the Agency may appeal to the Board within 30 days after the Agency’s decision. Unless otherwise ordered by the Board, the temporary suspension shall remain in effect pending final determination of the appeal.
(i) The provisions of subsections (e) to (g) of this section, inclusive, shall not apply to any airport, restricted landing area, or other air navigation facility owned and operated by an agency of the federal government within this State.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 4; 1995, No. 60, §§ 29, 30, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18a, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 21; 2017, No. 113 (Adj. Sess.), § 6; 2021, No. 184 (Adj. Sess.), § 30, eff. July 1, 2022.)
The federal license, certificate, or permit shall be kept in the personal possession of the airman when operating within this State and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which there is a landing. The federal aircraft license, certificate, or permit must be carried in every aircraft operating in this State at all times and must be presented for inspection upon the demand of a passenger; a peace officer of this State; an authorized official or employee of the Agency; or an official, manager, or person in charge of any airport in this State upon which it shall land.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 7; 2019, No. 14, § 5, eff. April 30, 2019.)
To carry out the provisions of this part, the Board or any of its members, the Secretary or officers or employees of the Agency, and any State or municipal officers charged with the duty of enforcing this part may inspect and examine at reasonable hours any premises, and the buildings and other structures, where airports, restricted landing areas, air schools, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 8.)
Whenever the Agency approves the expenditure of monies in connection with the acquisition of property for airport, landing field, or landing strip purposes in accordance with the provisions of this part, or in reimbursing local governmental units or the federal government for the State’s share of the cost of the acquisition, the Agency shall issue to the Commissioner of Finance and Management a certificate setting forth the sum so approved and the person, firm, corporation, or governmental unit to which it is payable, and the Commissioner of Finance and Management shall issue a warrant for the payment of the sum named in the certificate.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
All fees specified in this chapter shall be collected by the Agency and forthwith paid into the State Treasury and credited to the Transportation Fund.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Funds appropriated from the proceeds of any tax on aircraft fuel, including jet fuel and aviation gasoline, shall be expended under the direction of the Agency exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies, including to provide:
(1) navigational aids to airmen;
(2) marking, lighting, removal, or elimination of obstructions or hazards to flight; and
(3) for the improvement of landing areas or facilities that are permanently established for the public use of aircraft.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 35, eff. Jan. 1, 2019.)
A person who violates a provision of this chapter, or a rule or order issued pursuant to this chapter, 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.)
As used in this subchapter:
(1) “Airport manager” means the owner of an airport in this State or an agent authorized to act on behalf of an airport owner.
(2) “Storage operator” means a person who stores an aircraft or aircraft component at the request of an airport manager.
(Added 2017, No. 158 (Adj. Sess.), § 10.)
(a) Subject to subsection (b) of this section, an airport manager who discovers an aircraft or aircraft component apparently abandoned, or an aircraft without a currently effective federal registration certificate, on the property of the airport has authority to:
(1) take custody of the aircraft or component;
(2) arrange for the aircraft or component to be secured and stored at its current location or to be removed and stored elsewhere.
(b)(1) As used in this subsection, a “notice of intent” shall include:
(A) a statement of the airport manager’s intent to exercise authority under subsection (a) of this section and of the owner’s responsibility for reasonable charges under this subchapter;
(B) the make and the factory or identification number of the aircraft or aircraft component;
(C) the current location of the aircraft or aircraft component and the planned location for its storage; and
(D) the aircraft registration number, if any.
(2) At least 60 days prior to exercising the authority granted in subsection (a) of this section, the airport manager shall:
(A) Attempt to provide a notice of intent to the owner and to the lienholder, if any, of the aircraft or aircraft component. If the address of the last place of residence of the owner or lienholder of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration’s aircraft registry, the airport manager shall send the notice of intent by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(A) if the manager posts the notice of intent on the aircraft or aircraft component.
(B) Send a written notice of intent to the Secretary.
(c) The Secretary shall place on file notices of intent received under subdivision (b)(2)(B) of this section and, upon request, make the notices available for public inspection and copying.
(d) Except in the case of intentionally inflicted damages, an airport manager who takes custody of an aircraft or aircraft component or an airport manager or storage operator who arranges for the removal or storage of an aircraft or aircraft component under this subchapter shall not be liable to the owner or lienholder for any damages to the aircraft or aircraft component incurred while it was in the manager’s custody or during its removal or storage.
(Added 2017, No. 158 (Adj. Sess.), § 10.)
(a) If the notice requirements of subsection 222(b) of this title are fulfilled, all reasonable storage, removal, and other costs necessarily incurred thereafter by an airport manager or a storage operator in carrying out the provisions of this subchapter shall be a lien on the aircraft or aircraft component held by the person who incurred the costs.
(b) In exercising rights under section 224 or 226 of this title, the owner or lienholder may contest the reasonableness and necessity of the costs by bringing an action before the Transportation Board.
(Added 2017, No. 158 (Adj. Sess.), § 10.)
The owner or lienholder of an aircraft or aircraft component stored under this subchapter may reclaim the aircraft or aircraft component prior to any sale by paying the outstanding costs described in section 223 of this title.
(Added 2017, No. 158 (Adj. Sess.), § 10.)
(a) If the owner or lienholder has not reclaimed the aircraft or aircraft component after the aircraft manager fulfills the notice requirements of subsection 222(b) of this title, and if the airport manager fulfills the notice requirements of subsection (b) of this section, the airport manager may sell the aircraft or aircraft component in a commercially reasonable manner as described in 9A V.S.A. § 9-610 (disposition of collateral after default).
(b)(1) The notice of proposed sale required in this subsection shall include:
(A) the make and the factory or identification number of the aircraft or aircraft component;
(B) the aircraft registration number, if any;
(C) contact information for the person from whom the owner or lienholder may reclaim the aircraft or aircraft component pursuant to section 224 of this title; and
(D) the date and location of the proposed sale.
(2) At least 14 days before a sale under this section, the airport manager shall:
(A) if the value of the aircraft or aircraft component exceeds $1,000.00, publish the notice of proposed sale in a media outlet of general circulation in the municipality; and
(B) if the address of the last place of residence of the owner or the lienholder, if any, of the aircraft or aircraft component is ascertainable through the exercise of reasonable diligence, including inquiry of the Federal Aviation Administration’s aircraft registry, send the notice of proposed sale by certified mail to the address or addresses; otherwise, the airport manager shall be deemed to have fulfilled the requirement of this subdivision (b)(2)(B) if the manager posts the notice on the aircraft or aircraft component.
(Added 2017, No. 158 (Adj. Sess.), § 10.)
The airport manager shall pay the balance of the proceeds of the sale, if any, after payment of liens and the reasonable expenses incident to the sale, to the owner or lienholder of the aircraft or aircraft component, if claimed at any time within one year from the date of the sale. If the owner or lienholder does not claim the balance within one year, the airport manager shall retain the proceeds.
(Added 2017, No. 158 (Adj. Sess.), § 10.)
[Repealed]
1995, No. 60, § 31, eff. April 25, 1995.
[Repealed]
1997, No. 150 (Adj. Sess.), § 4(3).
The ownership of the space above the lands and waters of this State is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 403 of this title.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Flight in aircraft over the lands and waters of this State is lawful unless at such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner or unless conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without consent, or where there has been no airport, heliport, restricted landing area, or seaport established in accordance with the provisions of this title is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the airman shall be liable as provided in section 479 of this title.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
A crime, tort, or other wrong committed by or against an airman or passenger while in flight over this State shall be governed by the laws of this State. The question whether damages occasioned by or to an aircraft while in flight over this State constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the law of this State.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Except when necessary for take-off or landing, or by special permission of the Agency, no person shall operate an aircraft below the following altitudes:
(1) An altitude that will permit, in the event of the failure of a power unit, an emergency landing without undue hazard to persons or property on the surface.
(2) Over congested areas of cities or towns, or over an open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft.
(3) An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In this event, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
A person who violates a provision of section 421 of this title 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.)
(a) An aircraft shall not be diverted from a normal flight nor engage in acrobatic maneuvers nor be so operated as to diminish the stability and safety of the aircraft when the aircraft is over a thickly settled portion of a town, city, or village or over a place where a celebration, game, or contest is being held, or over a place where a failure of the aircraft might cause personal injury or damage to property, or under 1,500 feet, unless by special permission of the Federal Aviation Administration and the Agency.
(b) No person shall operate an aircraft in a careless or negligent manner so as to endanger the life or property of others.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
[Repealed]
1997, No. 150 (Adj. Sess.), § 4(4).
While in flight within this State, an airman or passenger who intentionally kills or attempts to kill a bird or animal shall be fined not more than $50.00 or imprisoned for not more than 60 days, or both.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
The Agency may adopt rules necessary to regulate the operation in flight of helicopters, or of aircraft engaged in crop spraying or dusting. The provisions of section 421 of this title shall not apply to these rules.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2015, No. 23, § 69.)
(a) No person shall operate or attempt to operate an aircraft or serve as a member of a crew while under the influence of alcohol or any habit-forming drug.
(b) A person who violates a provision of subsection (a) of this section shall be fined not less than $100.00 nor more than $1,000.00, or, if he or she is the operator of the aircraft, may be imprisoned for not more than two years, or both.
(c) [Repealed.]
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 4(c); 2017, No. 83, § 161(1).)
A person who demands money or any other thing of value or a benefit for himself or herself or another as a condition for disclosing the location of an aircraft that has crashed, crash-landed, or is missing shall be fined not more than $1,000.00 or imprisoned not more than 90 days, or both.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
(a) The operator of an aircraft involved in an accident or incident on a State-owned airport resulting in personal injury or damage to property shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall state as accurately as possible the time, place, and cause of the accident; the injuries; and whatever other information the Agency may require. For purposes of this subsection, “accident” means an occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or injury, or in which the aircraft or personal property owned by any person is damaged, and “incident” means an occurrence other than an accident associated with the operation of an aircraft that affects or could affect the safety of operations.
(b) The operator of an aircraft involved in an accident or incident, other than on a State-owned airport, that requires reporting to the National Transportation Safety Board under federal law shall immediately notify the Agency and within 48 hours shall make a report to the Agency of the circumstances of the accident. The report shall contain the same information as a report for an accident occurring on a State-owned airport. For purposes of this subsection, “accident” and “incident” shall have the same meaning as in 49 C.F.R. § 830.5.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 2.)
(a) No aircraft or part of an aircraft involved in an accident in this State resulting in serious or fatal injuries or in such damage as to render the aircraft not airworthy shall be moved or disturbed except when:
(1) necessary to give assistance to persons injured or trapped in the wreckage;
(2) necessary in the interest of public safety;
(3) specific permission has been granted by an authorized representative of the Agency;
(4) prompt movement of the aircraft is necessary to protect it from further serious damage and it is impossible to communicate with any person authorized in subdivision (3) of this section to direct the removal of the wreckage; or
(5) the aircraft involved in an accident is a public aircraft.
(b) Notwithstanding the foregoing, the operator of the aircraft shall promptly remove it from the accident site after all on-site rescue and investigatory processes are completed.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 1997, No. 150 (Adj. Sess.), § 3.)
Any movement of the aircraft or any part of the aircraft under section 477 of this title shall be so accomplished as to result in the minimum possible disturbance of the material concerned. Prior to movement, a record of the original position and condition of the wreckage shall be made as completely and accurately as possible under the circumstances, unless the danger to public safety is such as to permit no delay, or unless an authorized representative of the Agency has directed otherwise.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
The owner of an aircraft that is operated over the lands or waters of this State is liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft or the dropping or falling of an object from an aircraft, unless the injury is caused in whole or in part by the negligence of the person injured or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. However, the owner or lessee shall not be responsible when the aircraft causing injury or damage is taken without the knowledge or permission of the owner or lessee.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
An airman who is not the owner or lessee shall be liable for the consequences of his or her own negligence.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damages caused by the aircraft or objects falling from it when the owner or lessee is liable for the damages.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.)
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 to an appointment by the person of the Secretary or his or her successor in office to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceedings against the person growing out of any accident or collision in which the person may be involved while operating or causing to be operated an aircraft in this State. That acceptance shall be deemed to be the agreement of the person that any process against him or her that is so served upon the Secretary shall be of the same validity as if served on the person personally.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
(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, provided that a copy of the process with the officer’s return, showing service upon the Secretary as provided in this section, is sent by the plaintiff to the defendant by registered mail, and provided further that the plaintiff’s affidavit of compliance with this section is filed with the process in court. The Secretary shall file copies served upon him or her as provided by this section, and show upon each copy the day and hour of service.
(b) This manner of service shall be in addition to all existing manner of service, rights, and remedies.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 she prevails in the suit.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 field, or air navigation facility and may lease or sublet the same for a term of not more than 20 years.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 their joint agent to be at all times composed of members of each of the bodies to acquire necessary real property, in the name of the municipalities jointly, and to have charge of the construction, equipment, maintenance, and operation of the airport or landing field.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 pay the share to be borne by each municipality may be provided in the manner prescribed by this subchapter.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 airport or landing place established under this subchapter shall be within the county in which the municipalities or one of them is located.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 any other public use, whether originally acquired by condemnation or purchase. The site for an airport or landing field must be approved by the legislative body. Sections 601-604 of this title shall apply to a single municipality as well as to two or more municipalities, provided that the legislative body of each municipality shall provide for the action by resolution. A municipality of this State is authorized to join with a municipality of an adjacent state for the purpose of this subchapter in which instance the provisions of this subchapter shall apply except as to acquisition of property in an adjacent state by condemnation proceedings.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 fixing the maximum amount that may be expended by the municipality for such establishment, construction, equipment, or improvement has been submitted to an annual or special meeting of the municipality and adopted by a majority vote of the qualified voters voting on the proposition. A municipality may use and expend all income derived from the operation of the airport or landing field for maintenance and upkeep of the airport or landing field and pledge its credit and issue notes or bonds for the purposes of this subchapter in accordance with the provisions of the general law or the charter applicable to the municipality.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 18, eff. July 1, 2022.)
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 convey to the United States or any proper department of the United States an airport for use as a government air base for the purposes of national defense and by the lease are hereby empowered to enter into any agreements with the United States or any department of the United States as the United States or the department may require for the purposes of national defense and the legislative body of the municipality may deem just and to grant to the United States the right, title, interest, control, and management for such purposes as the United States might acquire by the right of eminent domain and condemnation proceedings. Provision shall be made in such lease for adequate compensation for any damages that may be caused to private rights or interests in the airport that may arise by reason of the provisions of the lease, and provision shall also be made in the lease for the preservation of the use of the airport for civilian air commerce as the requirements of the government will permit, the purpose of the provisions of this section being to obviate the necessity of the government resorting to condemnation proceedings. In the event that any airport is sold to the United States under the provisions of this section and section 608 of this title for the purposes of national defense, the municipality shall be relieved from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination. In the event the airport is leased to the federal government for the purpose of national defense, the municipality shall be relieved for the duration of the lease from any obligations to hold the airport or any part of the airport for public use on reasonable terms and without discrimination.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 development of airport properties owned by the municipality or municipalities;
(2) cooperate with and contract in the name of the municipality or municipalities with the United States in reference to the construction, maintenance, development, or control of airport properties;
(3) contract with the federal government in reference to the future development, use, or maintenance of airport properties;
(4) match federal funds to the extent provided by federal law and grant relocation assistance and payments in the instances and on the conditions set forth by federal law and regulations when federal funds are available to provide relocation assistance and payments to persons displaced as a result of federal and federally assisted programs.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 two or more municipalities that are authorized whenever it is necessary to acquire property within this State or some easement or other right in property in order that it may render adequate service to the public in the operation of an airport, landing field, or air navigation facility may acquire by eminent domain in the manner provided in this subchapter such property or right either within or outside its territorial limits, or both, as provided by legislation, for the construction, establishment, enlargement, or improvement of an airport, landing field, or air navigation facility.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 proceedings as provided in 19 V.S.A. chapter 5, except as otherwise provided in this subchapter.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 126 (Adj. Sess.), § 4; 2021, No. 184 (Adj. Sess.), § 31, eff. July 1, 2022; 2023, No. 6, § 16, eff. July 1, 2023.)
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 operation of the airport, landing field, or air navigation facility. Any property or right so condemned shall be held by the municipality under an obligation to serve the general public on reasonable terms and without discrimination.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
[Repealed]
2011, No. 126 (Adj. Sess.), § 5.
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 property or right for the airport, landing field, or air navigation facility for which it is sought to be taken than by the continuance of the public use to which it is already devoted. However, no property in which the federal government or a department or agency of the federal government has an interest or for the development or use of which the federal government or a department or agency has expended or contributed monies under any legislative contract or arrangements where an obligation exists to refund or replace the monies so expended or contributed shall be taken under this subchapter, unless the taking is specifically approved in writing by the President of the United States or the principal officer of the appropriate department or agency of the federal government and by the Governor of this State.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. Sess.), § 19, eff. July 1, 2022.)
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 available appropriations to a municipality a sum not exceeding three-fifths of the sum of the local matching funds required to support funds granted by the federal government. However, for the construction, expansion, enlargement, or improvement of airports sponsored by the State of Vermont in conjunction with the federal government, the amount of State funds may match as necessary the sum granted by the federal government.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 execute grants to municipalities in the proportion that the total funds provided, for that fiscal year, will bear to the total of federal airport funds allocated to municipalities within the State for that fiscal year.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 require the municipality to assist the State in identifying vendors that distribute, sell, or use aircraft jet fuel in the State in connection with the airport.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 158 (Adj. Sess.), § 39.)
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 approval of the application by the Secretary, the funds provided under terms of this subchapter will be allocated to the municipality and held for a reasonable time.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 agreement with the Secretary prescribing the terms and conditions of the agency relationship in accordance with any applicable federal or State laws or regulations.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2011, No. 62, § 18.)
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 shall the total amount of State funds granted to a municipality under provisions of this section exceed the amount approved by the Secretary under section 694 of this title.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 17, eff. July 1, 2023.)
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.)
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 attack by sea or air, it is hereby declared to be the policy of this State to assist cities and towns or groups of cities and towns in the selection and acquisition of sites for development or expansion of airports, landing fields, and landing strips.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 incidental to acquisition of land or rights in land.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 field, air navigation facilities, or landing strip purposes. Variation of the above formula for State participation shall be permitted only in case of a site urgently needed by the U.S. Air Force or the National Guard, and then only with unanimous consent of the Governor and the Emergency Board.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 18, eff. July 1, 2023.)
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 shall not be taxable, but when the title vests in the State or when the title is held jointly by the State and a town or towns, and the site is located in a different town or when the title vests in one or more towns and the site exists in a different town, then the holders of the title shall make an annual payment, instead of taxes, to the town in which the site is located of a sum equal to the tax otherwise assessed on the land alone.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.)
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, together with adequate area for appurtenant buildings and access roads.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.)
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.)
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 navigational aids the operation of which has been discontinued by federal, municipal, or private agencies, or when the Agency has been notified by proper authorities that radio air navigational aid will be discontinued.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 this purpose might be served by other operating aids, if any, in the vicinity.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 the owner as an air navigational facility. The title to the airport may be acquired by lease for the purpose of continuing its use as an airport open to the public.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.)
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 maintenance.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
(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 the airport.
(b) A designated area or areas on the airport may also be leased to any business entity consistent with Federal Aviation Administration requirements.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 108 (Adj. Sess.), § 3, eff. April 25, 2018.)
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 the public continuously or closed for such seasons or annual periods as the Secretary deems advisable.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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.)
This chapter shall be known and may be cited as the “Airport Zoning Act.”
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 recommend the boundaries of the various zones to be established and the regulations to be adopted. The commission shall make a preliminary report and hold public hearings before submitting its final report. The legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of the Commission. When a municipal planning commission or regional planning commission already exists, it may be appointed as the airport zoning commission.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 subdivision within which the airport hazard area is located, by ordinance or resolution adopted, may create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by section 1004 of this title in the political subdivision within which the area is located. Each joint board shall comprise three representatives of the political subdivision(s) in which the airport is located and two representatives of the political subdivision controlling the airport. The political subdivision in which an airport hazard area is located shall have two representatives. The members of the joint board so constituted shall by majority elect a chair from their number.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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, which regulations may divide the area into zones. Within the zones, the subdivision may specify the land uses permitted and regulate and restrict the height to which airport hazards may be erected or allowed to grow.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
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 may be incorporated in and made a part of the comprehensive zoning regulations, and be administered and enforced.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of an airport hazard, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Airport zoning regulations shall not be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in section 1003 of this title, after a public hearing, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the hearing shall be published in a paper of general circulation in the political subdivision in which the airport hazard area to be zoned is located.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2023, No. 6, § 19, eff. July 1, 2023.)
The regulations, or any amendments to the regulations, shall be recorded in the office of the clerk of each city and town in which any portion of the land to which the regulations apply is located. Notice that the regulations or amendments have been adopted shall be sent by registered mail to the owner of every parcel of land to any portion of which the regulations or amendments are applicable. For the purposes of this provision, the person to whom the land was assessed in the last preceding annual tax levy shall be addressed in the same manner as the notice of the tax, unless a different owner or a different address is known to be the correct one. The notice shall also be given by posting in one or more public places in each city and town in which any portion of the land subject to the regulation is located, a map of the area subject to the regulations with sufficient explanation to give the public and the owners of land reasonable notice of the adoption of the regulations or amendments.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction that is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is to be put and adaptable.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Airport zoning regulations adopted under this chapter shall not require the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 1013 of this title.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
Airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired. The permit shall be issued if the structure, as erected or altered, conforms with the regulations, or will not constitute a greater hazard than the structure that is replaced or altered. In any event, however, all regulations shall provide that before any nonconforming airport hazard may be replaced, substantially altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing the replacement, change, or repair. A permit shall not be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming airport hazard or use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided in this chapter, all applications for permits shall be granted.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
A person desiring to use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of adjustment for a variance from the zoning regulations in question. The variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. However, any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to accomplish the purposes of this chapter.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
In granting any permit or variance under sections 1011-1013 of this title, if it deems such action advisable to accomplish the purposes of this chapter and reasonable in the circumstances, the administrative agency or board of adjustment may so condition the permit or variance as to require the owner of the airport hazard in question to permit the political subdivision, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency that may be an agency created by the regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions that participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall the administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall include hearing and deciding all permits under section 1011 of this title, but the agency shall not have or exercise any of the powers delegated by this chapter to the board of adjustment.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
(a) A person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of the administrative agency is an improper application of airport zoning regulations of concern to the governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of the administrative agency.
(b) An appeal taken under this section shall be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board a notice of appeal specifying the grounds. The agency from which the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay in its opinion would cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.
(d) The board shall fix a reasonable time for the hearing of appeals, give public notice and notice to the parties in interest, and render a decision within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney.
(e) In conformity with the provisions of this chapter, the board may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision, or determination as required, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
(a) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers:
(1) to hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in section 1015 of this title;
(2) to hear and decide any special exceptions to the terms of the airport zoning regulations upon which the board may be required to pass under the regulations; and
(3) to hear and decide specific variances under section 1012 of this title.
(b) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.
(c) The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in the regulations.
(d) The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this fact. The board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2013, No. 161 (Adj. Sess.), § 72; 2023, No. 6, § 20, eff. July 1, 2023.)
(a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, that is of the opinion that a decision of a board of adjustment is illegal, may present to the Superior Court of the county in which the airport is situated a verified petition requesting a de novo review of the decision. The petition shall specify the grounds for review. It shall be presented to the court within 30 days after the decision is filed in the office of the board.
(b) Upon presentation of the petition, the court may review the decision of the board. The appeal shall not stay proceedings upon the decision appealed from, but, on application, on notice to the board, and on cause shown, the court may grant a restraining order.
(c) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies or of portions of copies that may be called for by the court.
(d) The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and, if need be, to order further proceedings by the board of adjustment.
(e) In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this State or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
The political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement. The court shall grant to the plaintiff such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to accomplish the purposes of this chapter and of the rules adopted and orders and rulings made pursuant to this chapter.
(Added 1985, No. 222 (Adj. Sess.), § 2.)
(a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question, as may be necessary, by purchase or grant or condemnation in the manner provided under 19 V.S.A. chapter 5 in any case in which:
(1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3) to accomplish the purpose of this chapter, it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
(b) If the adoption of airport zoning regulations in itself constitutes the taking of the property, or of rights in property, of any person, he or she may recover for the taking from the city or town in which the airport to which the regulations relate is situated, by petition filed in the Superior Court within two years from the time when the regulations were recorded, as provided in section 1008 of this title. If the owner of property so taken has applied for a variance within one year after the regulations were recorded, and his or her application is in whole or in part denied, he or she may file a petition for damages within one year after the mailing to him or her of a notice of the denial of his or her application, or within two years after the recording of the regulations, whichever period ends later.
(c) If any corporation, subject to regulation as a public service corporation pursuant to Title 30 or as a common carrier or railroad pursuant to part 3 or 4 of this title, is aggrieved by the adoption of airport zoning regulations, or by a direction to lower, remove, reconstruct, or equip a structure, or by taking of its property or rights in property, or by refusal to grant a variance permit it may, within 30 days after the adoption, direction, taking, or refusal, appeal to the Transportation Board and, if after notice and a hearing, the Board determines that the public safety, necessity, and convenience will be best served by the amendment or annulment of the regulation, direction, or taking, it may order the regulation, direction, or taking to be amended or annulled or may grant a variance permit as prescribed in sections 1011–1013 of this title.
(Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 9; 2023, No. 6, § 21, eff. July 1, 2023; 2025, No. 18, § 22, eff. May 13, 2025.)
A person who violates a provision of this chapter or any rule, order, or ruling adopted or made pursuant to this chapter 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; amended 2021, No. 105 (Adj. Sess.), § 20, eff. July 1, 2022.)
(a) The Agency of Transportation shall supervise and direct the execution of all laws and Transportation Board orders relating to public transportation corporations and firms and individuals engaged in this business, including the:
(1) [Repealed.]
(2) supervision and evaluation under chapter 24 of this title of the quality of service of public transportation companies; and
(3) review of proposed changes in rate schedules and petitions to the Transportation Board, and, at the discretion of the Secretary, representation of the interests of the consuming public in proceedings to change rate schedules of transportation companies under chapter 24 of this title.
(4) [Repealed.]
(b) In cases requiring hearings by the Board, the Secretary of Transportation or his or her designee shall represent the interests of the public unless otherwise specified by law. In any hearing, the Board may, if it determines that the public interest would be served, request the Attorney General or a member of the Vermont Bar to represent the public or the State.
(c) The Agency may bring proceedings on its own motion before the Transportation Board with respect to any matter within the jurisdiction of the Board, and may initiate rulemaking proceedings on matters within its jurisdiction. The Transportation Board, with respect to any matter within its jurisdiction, may issue orders on its own motion and may initiate rulemaking proceedings.
(Added 1985, No. 224 (Adj. Sess.), § 1; amended 2023, No. 6, § 22, eff. July 1, 2023.)
[Repealed]
1993, No. 172 (Adj. Sess.), § 67(1).
As used in this chapter, the word “company” or “corporation” means and includes individuals, partnerships, associations, and corporations, owning or conducting any transportation business or property, other than railroads and aircraft, which are covered by the provisions of this chapter.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State, their directors, receivers, trustees, lessees, or other persons or companies owning or operating the companies and of all plants, lines, terminals, facilities, and equipment of the companies used in or about the business carried on by them in this State. This jurisdiction shall be exercised by the Board and the Agency so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Board and the Agency may, when they deem the public good requires, examine the plants, lines, terminals, facilities, and equipment of the companies subject to their jurisdiction under this chapter. The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State:
(1) a company owning or operating motor vehicles used as common carriers;
(2) a company owning or operating a ferry; and
(3) a company owning or operating an express business.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
Immediately upon the delivery of its articles of association to the Secretary of State, a corporation subject to supervision under this chapter shall file a copy of its articles with the Agency of Transportation and a copy of its certificate of paid-up capital stock, if any. The corporation shall also immediately after its organization forward to the Agency of Transportation a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation. At the time of commencing, a business, individual, or company, other than a corporation that is subject to supervision under this chapter, shall file with the Agency a written statement giving the location, nature, and extent of the business, together with the post office address of the owner or owners, business manager, and other officials.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
At the request of the Agency of Transportation, a corporation subject to supervision under this chapter shall submit to the Agency for its approval certified copies of contracts entered into after July 1, 1986, between the corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning 10 percent or more of the voting capital stock of the corporation subject to supervision, or with any other corporation that is itself owned or controlled by an individual, partnership, association, trust, or corporation so holding, controlling, or owning 10 percent or more of the voting capital stock of the corporation subject to supervision.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
On request by the Agency of Transportation, a company owning or operating a plant, line, or property subject to supervision under this chapter shall furnish the Agency information concerning the condition, operation, management, expense of maintenance and operation, rates charged for service or for product, contracts, obligations, and financial standing of the company. It shall also inform the Agency of the salaries of, the pensions, option, or benefit programs affecting, and the expenses reimbursed to, its officers or directors, or both. The information shall be open to public inspection at reasonable times and any person shall be entitled to copies of the information. Information obtained for use by the Agency in a particular instance and designated proprietary shall not be made public, except in the discretion of the Agency.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
The superintendent or manager of any transportation company subject to supervision under this chapter shall notify the Agency by telephone or wire and subsequently in writing of any accident within this State, immediately after its occurrence, that results in loss of life or injury to any person that shall incapacitate him or her from engaging in his or her usual vocations. The Agency shall inquire into the cause of every accident about which it is notified, and if, in its judgment, a public investigation is necessary, it shall fix a time and place for holding an investigation, and shall proceed as provided in provisions of law relating to investigation of accidents upon railroads.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
A complaint to the Transportation Board may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five individuals are affected, then any one of them. The complainant may bring his or her complaint directly before the Board or may file his or her complaint with the Agency of Transportation, which shall investigate the complaint and, if sufficient cause exists, shall prosecute the complaint in the name of the State. Upon request of the trustees of an incorporated village or the selectboard members or city council or upon its own motion, the Agency of Transportation may institute investigations regarding the price, toll, rate, or rental charged by any company.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
On notice, the Board shall have jurisdiction to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter or articles of any corporation owning or operating any plant, line, or property subject to supervision under this chapter, and shall have like jurisdiction in all matters respecting:
(1) the quantity or quality of any service furnished or sold by any company subject to supervision under this chapter, and may prescribe the equipment for and standard of service;
(2) the manner of operating and conducting any business subject to supervision under this chapter so as to be reasonable and expedient and to promote the safety, convenience, and accommodation of the public;
(3) the price, toll, rate, or rental charged by any company subject to supervision under this chapter when unreasonable or in violation of law;
(4) the sufficiency and maintenance of proper systems, plants, lines, terminals, facilities, and equipment when the public safety and welfare require; and
(5) the restraint of any company subject to supervision under this chapter from violations of law, unjust discriminations, usurpation, or extortion.
(Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 5.)
The Secretary of Transportation or his or her designee shall represent the public at a Board hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Board is required by law. In any proceeding, the Board may request the appearance of the Attorney General or appoint a member of the Vermont Bar to represent the interests of the public or State.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
When, upon hearing, the rates, tolls, charges, or schedules are found unjust, unreasonable, insufficient, or unjustly discriminatory, or are found to be preferential or otherwise in violation of a provision of this chapter, the Board may order and substitute for the rates, tolls, charges, or schedules, and make changes in any regulations, measurements, practices, or acts of the company relating to its service, and may make an order to compel the furnishing of adequate service as shall after hearing be found by the Board to be just and reasonable.
(Added 1985, No. 224 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 21, eff. July 1, 2022.)
Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any company subject to supervision under this chapter for any provision or service shall be reasonable and without discrimination, except as may be provided in this chapter.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
[Repealed]
1993, No. 172 (Adj. Sess.), § 67(2).
Companies under the jurisdiction of a federal commission shall not be required to keep any system of accounts and records that would conflict with any requirement of the federal commission or agency.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
[Repealed]
1993, No. 172 (Adj. Sess.), § 67(3).
Each company subject to the provisions of this chapter shall keep on file in every one of its stations or offices where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Board shall deem necessary. The copy shall be in a form and place that is readily accessible to inspection by the public.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
A company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in connection with services, as specified in its schedules of charges in effect at the time the service was rendered. No company may enter into any contract, agreement, or arrangement relating to the furnishing or rendering of any special product or special service not provided for or covered in the schedule without prior filing with the Agency. However, nothing in this section shall prohibit the giving by any company of free or reduced rate service to its employees, or in case of public emergency, or to the classes defined and provided for in the Act of Congress entitled “An Act to Regulate Commerce” and amendments to that Act.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
Except as provided in section 1818 of this title, an officer or employee of a transportation company who grants or knowingly consents to a special rate or rebate shall be fined not less than $100.00 nor more than $1,000.00 and the company granting a rebate shall be fined not less than $500.00 nor more than $5,000.00 for each offense.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
A motor bus is defined to be any motor vehicle, other than a street car, operated upon the public streets and highways along a regular route, and in the operation of receiving, discharging, and transporting passengers for hire. However, this definition shall not be construed to apply to transportation services, the route and destination of which are under the direction and subject to the control of the passengers so transported. (Added 1985, No. 224 (Adj. Sess.), § 1.)
NotesHistoryRevision note—2022.
In the first sentence, added “of” preceding “receiving” for clarity.
Each person, association, or corporation owning or operating a motor bus, which indiscriminately carries passengers, freight, or express for hire, regularly over a fixed route or between fixed terminals, is declared a common carrier.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
A common carrier shall be subject to the jurisdiction of the Transportation Board and, while so operating, to all reasonable rules as the Board prescribes with respect to routes, fares, schedules, continuity of service, and the convenience and safety of passengers and the public. The operation of a motor vehicle the principal purpose of which is the carrying of mail under contract with the U.S. government shall not be construed as being engaged in the business of operating a motor bus within the meaning of this section and section 1820 of this title, notwithstanding incidental transportation of passengers for hire.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
An individual, association, or corporation shall not operate a motor bus until the owner has obtained a certificate from the Transportation Board specifying the route over which the motor bus may operate, the number of passengers that the motor bus may carry at any one time, the service that the motor bus shall furnish, and that the operation of the motor bus over the proposed route will promote the general good of the State. The Board may amend or revoke any certificate.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
A certificate shall be issued only after written application has been made. Upon receipt of an application, the Board shall fix a time and place for hearing, which shall be in a town within which the route or a part of the route is proposed, and shall give notice of the pendency of the application and of the time and place of hearing to the applicant, and to any common carrier operating over any portion of the proposed route or over a route substantially parallel to the proposed route. The Board shall make an order for the publication of the substance of the petition and of the time and place of the hearing in a newspaper published in the county or counties where the proposed route is located, the publication to be at least 12 days before the day appointed for the hearing. A public hearing shall be held on the petition. To enable the provision of service for which there is an immediate or urgent need to a point or points within a territory having no carrier service capable of meeting those needs, the Board may, without hearings or other proceedings, grant temporary authority for the service by a common carrier. Temporary authority, unless suspended or revoked for good cause, shall be valid for the time as the Board shall specify but not more than an aggregate of 180 days and shall create no presumption that corresponding permit authority shall be granted.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
Sections 1823-1824 of this title shall not apply to any carrier subsidized by public funds under 24 V.S.A. chapter 126.
(Added 1993, No. 172 (Adj. Sess.), § 6.)
Any town, city, or village within which, or between which, and any other town, city, or village in this State any common carrier is furnishing service, may bring a written petition to the Transportation Board, or the Board on its own motion may conduct an investigation in respect to routes, fares, schedules, continuity of service, and the convenience and safety of passengers and the public. Upon petition, the Board shall fix a time and place for a hearing upon the petition, and shall mail notice of the petition to the parties in interest and give notice of the petition at least one week prior to the hearing.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
The owner or operator of every motor bus shall display in a conspicuous place in or on the motor bus the certificate in abbreviated form prescribed by the Board or a certified copy of the certificate.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
Upon the granting of a certificate as provided in section 1823 of this title, the Commissioner of Motor Vehicles shall have jurisdiction over the registration of a motor bus, its speed and lighting, the safety devices, and the licensing of operators.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
Common carriers shall furnish motor buses and operate them in a manner that will afford safety and protection to their passengers and to the public.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
The Transportation Board shall have general supervision and jurisdiction of common carriers, make rules, hold hearings, and issue certificates as may be required under the provisions of this chapter. No common carrier without first having given 30 days’ notice to the Transportation Board and the Agency of Transportation shall abandon all or any part of its certificated authority or discontinue any service established under the provisions of this chapter, except it may discontinue a temporary service established incident to the certificated authority provided service is not in effect more than 60 days during any year and may suspend service temporarily by reason of road conditions or when ordered by the State or local authorities. A change in schedule or the elimination of a trip or trips established for experimental purposes or established to meet educational, athletic, convention, holiday, vacation, peak, seasonal, temporary, extraordinary, excursion, tour, mail, express, or newspaper traffic requirements shall not be deemed to constitute a discontinuance of service or an abandonment of authority by a common carrier of passengers.
(Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 7.)
An individual or the officers of an association or corporation who violates any order, rule, or regulation adopted or established under the provisions of this chapter or violates any provision of this chapter shall be fined not more than $5,000.00 or imprisoned for not more than 60 days, or both.
(Added 1985, No. 224 (Adj. Sess.), § 1.)
[Repealed]
1993, No. 172 (Adj. Sess.), § 67(4).
(a) The Secretary of Transportation is authorized to promote safety in the transportation of hazardous materials by all modes of transportation and furthermore:
(1) Is authorized to adopt rules, under 3 V.S.A. chapter 25, governing transportation of hazardous materials. As used in this section, “hazardous materials” means those substances or materials in such quantity and form that may pose an unreasonable risk to health and safety or property when transported in commerce by all modes. For purposes of this section, hazardous materials includes explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases. These rules shall be no less protective of public safety than the rules promulgated by the federal government with respect to the transportation of hazardous materials, but no rule shall prohibit a person between 18 to 21 years of age from operating a motor vehicle transporting hazardous materials.
(2) Is authorized to enforce these rules through the use of Agency staff or others pursuant to cooperative agreement.
(3) Is authorized to enter into cooperative agreements with agencies of this and other states and of the federal government in relation to enforcement of these rules and rules or regulations promulgated by the federal government that apply to transportation in Vermont.
(b) It shall be unlawful for any person to violate any of the rules adopted by the Secretary under this section.
(c) Any person who violates these rules shall be subject to a penalty of not more than $1,000.00. These rules shall identify violations, and possible penalties, by category, depending on the seriousness of the violation.
(d) Notwithstanding any other provision of this chapter or other law, whether general, special, or local, violations of any rules adopted pursuant to this section involving the operation of a motor vehicle may be charged through the use of a traffic complaint prescribed by the Supreme Court pursuant to 4 V.S.A. § 1105.
(e) With respect to the transportation of radioactive materials, nothing in this section shall be construed to abrogate or affect the provisions of any other federal or state statute or local ordinance, regulation, or resolution that are more restrictive than or that supersede the provisions of this section or rules adopted pursuant to this section.
(f) The regulations promulgated by the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation contained in 49 C.F.R. Parts 105–199, revised as of October 1, 2007, and any amendment or addition to these regulations, and the regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in 49 C.F.R. Parts 390–397, revised as of October 1, 2008, and any amendment or addition to these regulations and any provisions of any other regulations regarding the transportation of hazardous materials adopted by a federal agency may be adopted by the Secretary of Transportation.
(Added 1985, No. 224 (Adj. Sess.), § 1; amended 1987, No. 112, § 3; 1987, No. 241 (Adj. Sess.), § 10; amended 1989, No. 58; 1989, No. 182 (Adj. Sess.), § 1, eff. May 16, 1990; 1991, No. 193 (Adj. Sess.), § 1, eff. May 19, 1992; 1993, No. 172 (Adj. Sess.), § 8; 2009, No. 152 (Adj. Sess.), § 10; 2017, No. 113 (Adj. Sess.), § 9a; 2021, No. 105 (Adj. Sess.), § 22, eff. July 1, 2022; 2023, No. 6, § 23, eff. July 1, 2023.)
[Repealed]
1989, No. 252 (Adj. Sess.), § 28(a).
(a) The Secretary of Transportation, following consultation with the Commissioner of Health and the Commissioner of Public Safety, shall designate any highway as a part of a preferred route for the transportation of fissile radioactive materials and large quantity packages of radioactive materials as defined by the U.S. Department of Transportation in order to cause the least risk to persons and property. The Secretary shall confer with the governing body of a municipality regarding the establishment of a preferred route within the boundaries of its jurisdiction and give its timely opinion due consideration.
(b) A person who violates the order of the Secretary and transports radioactive materials in violation of this section shall be subject to the following penalties:
(1) civil penalty—a maximum penalty of up to $10,000.00 per day for each violation;
(2) criminal penalty—a fine of not more than $25,000.00 or imprisonment for not more than five years, or both.
(Added 1985, No. 224 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 9.)
(a) The Secretary of Transportation is authorized to promote safety in motor carrier safety standards, and furthermore:
(1) Is authorized to adopt rules under 3 V.S.A. chapter 25 governing motor carrier safety standards as they apply to the transportation of passengers and goods by commercial motor vehicles. These rules shall identify violations, and possible penalties, by category, depending on the seriousness of the violation. These rules shall be no less protective of public safety than the rules adopted by the federal government regarding motor carrier safety standards, but a rule shall not prohibit a person between the ages of 18 and 21 from operating a motor vehicle in intrastate commerce.
(2) Is authorized to enforce these rules through the use of agency staff, or others, pursuant to cooperative agreement.
(3) Is authorized to enter into cooperative agreements with agencies of this and other states and of the federal government in relation to enforcement of these rules and rules or regulations adopted by the federal government that apply to transportation in Vermont.
(b) It shall be unlawful for any person to violate any of the rules adopted by the Secretary under this section.
(c) Any person who violates these rules shall be subject to a penalty of not more than $1,000.00.
(d) Notwithstanding any other provision of this chapter or other law whether general, special, or local, violations of any rules adopted pursuant to this section involving the operation of a motor vehicle may be charged through the use of a traffic complaint prescribed by the Supreme Court pursuant to 4 V.S.A. § 1105.
(e) The regulations promulgated by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation contained in 49 C.F.R. Parts 40, 350, 360, 365, 372, 381–383, 385–388, 390–397, and 399, revised as of October 1, 2008, and any amendment or addition to these regulations may be adopted by the Secretary of Transportation.
(Added 1989, No. 182 (Adj. Sess.), § 2, eff. May 16, 1990; amended 1991, No. 193 (Adj. Sess.), § 2, eff. May 19, 1992; 1993, No. 172 (Adj. Sess.), § 10; 2003, No. 26, § 1; 2009, No. 152 (Adj. Sess.), § 11; 2023, No. 6, §§ 24, 25, eff. July 1, 2023.)
[Repealed]
2003, No. 56, § 13, eff. June 4, 2003.
(a) To carry out the purposes of 19 V.S.A. § 10e, the Agency of Transportation may, subject to subsection (b) of this section:
(1) Contract in the name of the State with federal agencies, the National Railroad Passenger Corporation (Amtrak), railroads, municipalities, adjacent states, or other responsible persons to carry out the purposes of this chapter.
(2) Receive, manage, use, or expend, for the purposes of this chapter, federal and State funds appropriated to the Agency for the promotion or development of intercity rail passenger service or for intercity rail passenger service facilities.
(3) Operate, manage, use, exchange, lease, or otherwise deal with or dispose of, in whole or in part, land and rights in land acquired in the name of the State under authorization of this chapter, and to charge reasonable fees for such use or the use of land, buildings, and other facilities, or for services rendered. Monies received from the fees shall be credited to the Transportation Fund.
(4) Acquire on behalf of the State, acting either alone or with municipalities or the federal government, land and rights in land needed to carry out the purposes of this chapter.
(b) An acquisition or transfer under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or 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 or transfer 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 1995, No. 183 (Adj. Sess.), § 6a, eff. May 22, 1996; amended 2003, No. 56, § 14, eff. June 4, 2003; 2011, No. 153 (Adj. Sess.), § 49.)
[Repealed]
2003, No. 56, § 13, eff. June 4, 2003.
For purposes of this chapter, the term “State-owned railroad property” includes the following:
(1) property of the former Rutland Railway Corporation south of chaining station 6583+50 (milepost 124.6875) in Burlington acquired pursuant to No. 162 of the Public Acts of 1963;
(2) property of the former St. Johnsbury and Lamoille County Railroad acquired pursuant to No. 182 of the Public Acts of 1974 (1973 Adjourned Session);
(3) property of the former Montpelier and Barre Railroad Corporation acquired pursuant to No. 188 of the Public Acts of 1980 (1979 Adjourned Session);
(4) property of the Delaware and Hudson Railway Company’s Washington Branch acquired pursuant to No. 216 of the Public Acts of 1982 (1981 Adjourned Session) and No. 221, section 17(i) of the Public Acts of 1986 (1985 Adjourned Session); and
(5) other railroad property acquired by the Agency of Transportation or its predecessors pursuant to this chapter or other enabling legislation.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.)
(a) The Agency of Transportation, as agent for the State, and with the specific prior approval of the General Assembly, is authorized to acquire by purchase or condemnation, after the approval of the Surface Transportation Board, if necessary, any portion or portions of the line of any railroad directly affecting the State, including rails and ties, rights-of-way, land, buildings, appurtenances, and other facilities required for the operation of the line or to facilitate its sale or lease for continued operation. This action may be taken in concert with another state or states as necessary to ensure continued railroad service in this State.
(b) To further the purposes of this chapter, the Secretary is authorized to take such action as may be necessary to secure any federal aid for which the State may be eligible.
(c) The Secretary may contract for the rebuilding of any State-owned railroad property and, further, is authorized to spend appropriated funds for the modernization of any State-owned railroad property.
(d) In connection with acquisitions or other projects specifically authorized by the General Assembly, the Agency may exercise the right of eminent domain in the manner and as provided in 19 V.S.A. chapter 5. This right may only be exercised in connection with the acquisition of existing railroad lines, including rails, ties, bridges, rights-of-way, land, buildings, appurtenances, and other facilities or improvements to said rails, ties, bridges, or appurtenances.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 2011, No. 153 (Adj. Sess.), § 35.)
Should emergency repairs be required to any bridge, pier, abutment, or culvert on State-owned railroad property, as defined in section 3402 of this title, the Secretary of Transportation, in his or her discretion, may reallocate funds from railroad projects previously authorized in the transportation capital program, accept any available federal aid, and enter into project agreements with railroad operators.
(Added 1995, No. 60, § 11, eff. April 25, 1995.)
(a) All railroad operating properties within the State offered for sale by a railroad, other than to another railroad for continued operation, shall also be offered to the State of Vermont. The offer shall be made in writing and shall be sent by certified mail to the Agency. The offer shall include a map and a description of the property, the price, if available, a description of the present and past railroad use of the property, and any terms, reservations, or conditions the railroad proposes to include as part of the sale. Within 365 days, less any period of time that has elapsed because of the pendency of abandonment proceedings before the Surface Transportation Board or the imposition of public use conditions under 49 U.S.C. § 10905, the Agency shall accept or reject the offer. If the Agency either rejects or fails to accept the offer in a timely manner, the State’s preferential right under this section shall terminate, but in no event shall the railroad offer to sell the property, or any portion of it, to any other person on terms more favorable than the final terms offered to the Agency.
(b) For purposes of this section, “railroad operating properties” shall mean any land, structures, buildings, rails, ties, ballast, signals, and materials that have been or are being used for rail transportation purposes and that are located within the limits of the railroad’s roadway; provided, however, that if a railroad offers to sell any property in connection with its abandonment of a line, “railroad operating properties” shall also include any real or personal property of whatever description abutting the railroad’s roadway that has been or is being used for rail transportation purposes and that is reasonably necessary to continued railroad operation or other public use.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 2011, No. 153 (Adj. Sess.), § 36.)
(a) The Secretary, as agent for the State, is authorized to lease or otherwise arrange for the continued operation of all or any State-owned railroad property to any responsible person, provided that approval for the operation, if necessary, is granted by the federal Surface Transportation Board under 49 C.F.R. Part 1150 (certificate to construct, acquire, or operate railroad lines). The transaction shall be subject to any further terms and conditions as in the opinion of the Secretary are necessary and appropriate to accomplish the purpose of this chapter.
(b) To preserve continuity of service on State-owned railroads, the Secretary may enter into a short-term lease or operating agreement, for a term not to exceed six months, with a responsible railroad operator.
(c) The Secretary shall notify the House and Senate Committees on Transportation or, if the General Assembly is not in session, the Joint Transportation Oversight Committee when there are 12 months remaining on the operating lease for any State-owned railroad, and when there are 12 months remaining on a lease extension for the operating lease for any State-owned railroad.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1999, No. 156 (Adj. Sess.), § 7, eff. May 29, 2000; 2003, No. 56, § 18, eff. June 4, 2003; 2023, No. 148 (Adj. Sess.), § 41, eff. June 3, 2024.)
(a) In connection with State-owned railroad property, the Secretary shall have authority to enter into licenses, leases, easements, and sales of personal property, including tracks, structures, and buildings which are to be removed by the purchaser.
(b) The Secretary shall have authority, with the approval of the Governor, to sell State-owned railroad property subject to the following conditions:
(1) the property is located more than 33 feet from the centerline of main line track (or former main line track), and the Secretary determines that the property no longer is needed for railroad operating purposes or for railbanking under section 3408 of this title; and
(2)(A) if the appraised value of the property is $100,000.00 or above, with the prior approval of the General Assembly of the sale and its terms, or, in the event that the General Assembly is not in session, with the prior approval of the Joint Transportation Oversight Committee; or
(B) if the appraised value of the property is below $100,000.00, without further approval.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1989, No. 246 (Adj. Sess.), § 2; 2009, No. 123 (Adj. Sess.), § 36.)
(a) Funds received by the State from past, present, and future service providers on State-owned railroad property, together with funds received by the State because of licenses, leases, easements, sales of real or personal property, or the like, pertaining to or arising from State-owned railroad property, shall be deposited in the Transportation Fund.
(b) The Agency of Transportation shall not charge any fee to abutting landowners who enter into agreements for noncommercial pipe or wire crossings of State-owned railroad property.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1995, No. 101 (Adj. Sess.), § 1.)
(a) If the Secretary finds that the continued operation of any State-owned railroad property is not economically feasible under present conditions, the Secretary may place the line in railbanked status after giving advance notice of the planned railbanking to the House and Senate Committees on Transportation when the General Assembly is in session, and when the General Assembly is not in session, to the Joint Transportation Oversight Committee. The Agency, on behalf of the State, shall continue to hold the right-of-way of a railbanked line for reactivation of railroad service or for other public purposes not inconsistent with future reactivation of railroad service. The railbanking shall not be treated, for purposes of any law or rule of law, as an abandonment of the use of the rights-of-way for railroad purposes.
(b) The Secretary may enter into agreements with units of federal, state, and local governments, as well as with responsible private persons, for interim use of the right-of-way of a railbanked line, provided that the interim use is not inconsistent with future reactivation of railroad service.
(c)(1) The Secretary may, after consulting with municipalities, adopt rules consistent with the provisions of section 3408a of this chapter governing the interim trail use of State-owned railroad rights-of-way that have been placed in railbanked status.
(2) Signs indicating the rules shall be conspicuously posted in or near all areas affected.
(3) Any person who violates rules adopted pursuant to this subsection shall be subject to a penalty of not more than $300.00.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988; amended 1993, No. 211 (Adj. Sess.), § 10, eff. June 17, 1994; 2009, No. 123 (Adj. Sess.), § 37; 2025, No. 43, § 8, eff. July 1, 2025.)
(a) Definitions. As used in this section:
(1) “Rail trail” means the right-of-way of a State-owned railroad line that has been authorized for railbanking and interim trail use pursuant to 16 U.S.C. § 1247(d) or section 3408 of this chapter.
(2) “Trail sponsor” means the Agency of Transportation in the case of a rail trail maintained by the Agency or the municipality in the case of a rail trail maintained by a municipality.
(b) Use of rail trails. The following acts are prohibited within a rail trail right-of-way:
(1) Throwing, dropping, or discarding bottles, cans, paper, garbage, rubbish, sewage, or other material of any kind.
(2) Cutting, mutilating, or removing any tree, shrub, flower, plant, top soil, or sod or attempting to do so.
(3) Injury, defacement, removal, or destruction of the surface of the rail trail or a rail trail’s structures, appurtenances, recreation facilities, or property.
(4) Except as authorized by the trail sponsor, erecting, placing, or displaying any advertising materials, posters, or placards of any kind. This prohibition shall not apply to official signs erected by the trail sponsor.
(5) Except as authorized by the trail sponsor, entering or remaining on the rail trail for the purpose of:
(A) selling, hiring, or leasing any goods or services; or
(B) distributing samples, pamphlets, or advertising materials, except for official information authorized by the trail sponsor.
(6) Parades, demonstrations, picnics, games, entertainment, or organizations, except at times and locations approved by the trail sponsor.
(7) Harassing or molesting wildlife, except for fishing.
(8) Using or discharging any firearms or other weapons or fireworks, except by a person authorized by the trail sponsor or as otherwise permitted by law.
(9) Igniting fires for any purpose, except in fireplaces or firepits at locations designated by the trail sponsor or for trail maintenance purposes.
(10) Soliciting alms or contributions.
(11) Use of motorized vehicles, except for:
(A) maintenance purposes;
(B) snowmobiles, subject to applicable State rules, when the Vermont Association of Snow Travelers, Inc. has declared the Statewide Snowmobile Trail System officially open;
(C) Other Power-Driven Mobility Devices (OPDMD) utilized by an individual with a disability as permitted by the Agency’s Rail Trail Accessibility Policy;
(D) electric bicycles as permitted pursuant to applicable State rules; and
(E) other circumstances that the trail sponsor determines are appropriate.
(12) Overnight camping, except at areas designated for that purpose by the trail sponsor.
(c) Penalty. Any person who violates the provisions of subsection (b) of this section shall be subject to a civil penalty pursuant to subdivision 3408(c)(3) of this chapter.
(Added 2025, No. 43, § 9, eff. July 1, 2025.)
The Secretary, from time to time, may delegate to officers or employees of the Agency his or her authority under this chapter or under any uncodified laws pertaining to State-owned railroads.
(Added 1987, No. 211 (Adj. Sess.), § 1, eff. May 26, 1988.)
Annually, on or before December 15, the Secretary shall report to the House and Senate Committees on Transportation regarding the most recent fiscal year’s lease revenues for State-owned railroad rights-of-way related to:
(1) wired or wireless telephone infrastructure located in the rights-of-way;
(2) broadband infrastructure located in the rights-of-way; and
(3) leases of the rights-of-way for purposes other than the operation of the railroads within the rights-of-way.
(Added 2025, No. 43, § 30, eff. July 1, 2025.)
(a) Except where a particular statute provides otherwise or where the context of a statute unambiguously requires a contrary construction, for the purposes of the parts of this title relating to railroads:
(1) “Agency” means the Agency of Transportation.
(2) “Board” means the Transportation Board.
(3) “Railroad” or “railroad corporation” includes any railroad located in whole or in part within this State owned, leased, operated, or managed by any person without regard to whether the person is located within or outside this State. The rights conferred in this title upon railroads shall inure to, and the duties imposed in this title upon railroads shall be binding upon, their owners, lessees, operators, and managers, as the case may be.
(b) The provisions of the parts of this title that impose upon a railroad any duty or liability shall apply to any person having the possession, control, or management of a railroad, or engines and cars running on a railroad.
(Amended 1993, No. 172 (Adj. Sess.), § 38.)
Railroad corporations organized or incorporated under the laws of the State shall be subject to the provisions of this part so far as consistent with their respective charters.
Unless such construction is inconsistent with the manifest intent of the General Assembly or repugnant to the context of the same statute, the words “charter” and “act of incorporation,” or equivalent words as used in this title, shall include the articles of association under which a railroad corporation is formed pursuant to the provisions of chapter 64 of this title.
The provisions of this title that impose upon a railroad corporation any duty, obligation, or liability shall apply to persons having the possession, control, or management of a railroad, or of the engines and cars running thereon, as lessees, assignees, trustees, or in any other capacity.
A person shall not by reason of adverse possession acquire title to lands belonging to a railroad corporation where such lands lie within the limits of the roadway of such corporation as recorded in the town clerk’s office.
Railroad corporations in this State may make contracts and arrangements with each other, and with railroad corporations incorporated under the laws of any other state or under the authority of the Dominion of Canada, for leasing and running the roads of the respective corporations or a part thereof by either of their respective corporations. Such railroad corporation in this State may contract for and hold in fee simple or otherwise lands or buildings in this or other states for depot purposes and storing freight and may purchase and hold such personal property as is necessary and convenient for carrying into effect the object of this section.
(a) An alien railway corporation shall not be directly or indirectly interested in any of the stock of a railroad corporation organized under the laws of this State without leave of the General Assembly. However, nothing in this section shall apply to the stock of any railroad corporation now or hereafter organized that shall own or operate all or any part of the railroad or other property owned or operated by a railroad corporation at any time prior to February 15, 1929, a majority of whose stock was owned, held, or controlled by an alien railway corporation, or by any of its subsidiary or affiliated companies or corporations, directly or indirectly, at any time prior to such date.
(b) An alien railway corporation shall not, by itself or through others, own or acquire title to any railroad, or the use thereof, or have anything to do with the management or control of a railroad in this State without leave of the General Assembly. However, nothing in this section shall apply to a railroad that at any time prior to February 15, 1929, in whole or in part, was owned, managed, operated, or controlled, or title to which or the use of which was acquired by any alien railway corporation, or by any of its subsidiary or affiliated companies or corporations, whether by itself or with others and whether directly or indirectly by stock ownership, lease, operating agreement, or otherwise.
On information of the State’s Attorney of any county through which the road runs, the Superior Court may enforce the provisions of section 3427 of this title by writ of sequestration, injunction, receivership, or any other appropriate remedy.
Nothing in this title shall affect rights or liabilities accrued prior to December 1, 1850.
The provisions of this title shall at all times be subject to alteration, amendment, or repeal by the General Assembly.
Notwithstanding the provisions of 1 V.S.A. § 213, when railroad operations cease on railroad rights-of-way owned by the State or municipality, the title or interest held by the State or municipality in such rights-of-way shall be retained by the State or municipality for future transportation purposes and such other purposes as are not inconsistent with future transportation purposes, except that such rights-of-way shall not be used by members of the general public without permission of the State or municipality. The State or municipality shall allow abutting farm operations to use the land over which the rights-of-way pass for agricultural purposes. Unless use and occupancy of railroad rights-of-way adversely affect railroad safety, broadband facilities and wireless and other telecommunications facilities that are installed along or within the railroad right-of-way in compliance with applicable operations and safety standards at the time of installation are consistent with existing and future transportation purposes.
(Added 1981, No. 187 (Adj. Sess.), § 1; amended 2007, No. 79, § 8, eff. June 9, 2007.)
If a derailment of a freight or passenger train threatens public health or safety, or the disruption of rail service affecting interstate commerce, State, county, and municipal authorities shall allow necessary emergency equipment to be moved expeditiously to the site of the derailment, unless doing so poses an immediate risk to public health and safety as determined by the Secretary of Transportation or designee.
(Added 2001, No. 75 (Adj. Sess.), § 12, eff. Feb. 19, 2002.)
The Transportation Board shall have general supervision of all railroads within this State and of corporations, receivers, trustees, directors, lessees, and other persons owning or operating the same, so far as may be necessary to enable it to perform the duties and exercise the powers conferred upon it. In accordance with chapter 3 of this title, the Board and the Agency, in the performance of their respective duties, shall have power to require the production and examination of books, accounts, and papers; require the production of witnesses; and inspect lines, offices, stations, and other facilities.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 39.)
(a) When requested to do so by the Board or the Agency, a railroad operating in this State shall furnish the Board or Agency any information specifically requested concerning the management of the railroad and the condition of its equipment and facilities, provided that the request shall extend only to information reasonably related to the railroad’s operations in this State and provided further that the Board and the Agency shall have no right to request information regarding salaries, pensions, options, or benefit programs or the expenses of officers or directors of railroads incorporated outside the United States.
(b) Any information provided by a railroad to the Board or Agency on the following subjects, whether pursuant to this section or otherwise, shall be confidential and shall not be disclosed by the Board or the Agency except as provided in subsection (c) of this section:
(1) customer data;
(2) compensation and benefits for a railroad’s directors, officers, and employees;
(3) contracts, financial obligations, and financial standing; and
(4) proprietary data known only to certain individuals within a railroad’s organization and that give the railroad the opportunity to obtain business advantage over competitors who do not know it.
(c) Confidential information may be made public by the Board or the Agency only if the Board first determines that the public good requires disclosure and that the disclosure will not violate State or federal law. The Board shall give the railroad written notice and shall afford the railroad an opportunity to be heard prior to making any determination that disclosure should be made and shall make written findings of fact upon which its determination is made.
(d) Nothing contained in this title or in any provision of Title 19 shall be construed to require a railroad to produce an investigatory report or other information that was prepared by a railroad, its agents, or its employees at the request or direction of a railroad’s attorney, nor shall anything contained in this title or any provision of Title 19 be construed to abrogate the attorney-client privilege as is otherwise provided by law.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183, § 6; 1993, No. 172 (Adj. Sess.), § 40.)
A railroad shall report accidents to the Agency under the same circumstances and in the same manner as provided by federal law for reporting accidents to the Federal Railroad Administration. If an accident results in loss of life, serious personal injury, property damage in excess of $10,000.00, or an interruption of service in excess of 12 hours, it shall be reported as soon as practicable and in no event later than the next working day to the Secretary of Transportation or the Secretary’s designee.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 41.)
The Board shall inquire into the cause of every accident on a railroad resulting in loss of life and, in its judgment, into any accident, collision, or derailment of trains not so resulting. When, in its judgment, a public investigation is necessary in the interest of public safety, it shall fix a time and place of holding the same and shall summon the person operating the railroad, the parties known to have been injured in the accident, and, if known, a representative or friend of an individual killed in the accident, to appear and give evidence regarding the cause of the accident. The Board shall also notify the State’s Attorney of the county in which the accident occurred, who shall investigate the cause of the accident, produce witnesses who can give evidence in regard to the same, and attend and represent the State at the hearing. All parties summoned, and other persons interested, may appear and be made parties thereto, may produce witnesses or other evidence, and may be represented by counsel. On notice from the Board, the person operating the railroad shall produce all railroad employees who can give pertinent evidence in regard to the cause of the accident, free of expense to the State. The Board shall make public its determination in regard to the cause of the accident so investigated and cause a permanent record of its determination to be made.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2017, No. 132 (Adj. Sess.), § 4; 2021, No. 105 (Adj. Sess.), § 23, eff. July 1, 2022.)
In a matter over which the Board has jurisdiction, a person that claims to be injured by the unlawful action or neglect of a railroad in this State may commence proceedings by petition to the Board, with a copy to the Agency, briefly setting forth the cause of complaint. The State’s Attorney of the county in which a matter arises, the Attorney General, the legislative body of a municipality, or any 10 freeholders of the county by such complaint may bring before the Board any matter in which they claim the public safety is endangered or the charter or statutory law regulating railroads is being violated. When it has information that any railroad in this State is operating in violation of its charter or of the statutory law, the Board shall call the same to the attention of the Attorney General or the State’s Attorney of the county where the matter arises. The Attorney General or the State’s Attorney shall inquire into the same and, if in that individual’s judgment the matter should be investigated, that individual shall bring the same before the Board by proper complaint. On receipt of the complaint, the Board shall summon the person or persons complained of to appear before it and to make answer to the complaint. When issue is taken to the facts set out in the complaint, the Board shall appoint a time and place for hearing the same in the county where the matter arises and shall then and there hear and determine the matter complained of. Nothing in this section shall be construed to empower the Board to award monetary damages to any person or entity, except as expressly provided by law.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 42; 2021, No. 105 (Adj. Sess.), § 24, eff. July 1, 2022.)
Without affecting special provisions of law relating to matters contained in this section, the Board shall have jurisdiction on due notice to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter of any railroad, or in the statutes of this State relating to railroads, and shall have like jurisdiction in all matters respecting:
(1) the crossing of one railroad by another;
(2) highway grade crossings and signs, signals, gates, or flaggers at the same;
(3) the construction and maintenance of proper fences, cattle guards, and farm crossings;
(4) to the extent not preempted by federal law, and in order to accommodate the public and ensure safety and compliance with the law:
(A) the maintenance of the tracks, frogs, switches, gates, signals, culverts, bridges, and other structures over openings; and
(B) rolling stock and equipment;
(5) the connections, time, and times of connection between connecting roads for the accommodation of the traveling public and the transportation of merchandise;
(6) the manner of operating railroads and conducting the business thereof so as to be reasonable and expedient and to promote the security, convenience, and accommodation of the public and to prevent violations of law and unjust discriminations, usurpations, or extortions; and
(7) any impediment alongside or adjacent to the rights-of-way of railroads, including damaged structures, that imperils the safe passage of trains.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 2; 1993, No. 172 (Adj. Sess.), § 43; 2017, No. 132 (Adj. Sess.), § 5.)
(a) Proceedings under section 3456 of this title may be commenced by motion of the Board by petition of the Agency, the Attorney General, the State’s Attorney of the county, the legislative body of a municipality, 10 or more freeholders of the State, any railroad doing business in the State, or in such way as the law may otherwise specifically provide.
(b) Proceedings involving damaged structures or other impediments alongside or adjacent to the rights-of-way of railroads that imminently imperil the safety of the passage of trains shall be commenced immediately upon notice of the peril to the Board or the Agency. Upon notice, the Board or the Agency shall immediately investigate and, if it is determined that such danger does exist and cannot be timely removed through informal negotiation, order the owner of the structure or other impediment to immediately take all action necessary to abate the danger. If the owner fails to do so, or is unavailable, the Board or the Agency may, without incurring any civil liability, take all steps necessary to abate the danger, including removal of the damaged structure or other impediment, and all incurred expenses shall constitute a debt due the State upon the rendering of an account for all incurred expenses to the owner and shall be recoverable from the owner in an action. Expenses incurred by the Board or the Agency may be drawn from the Transportation Fund, and any amounts recovered shall be credited to the Transportation Fund.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 166 (Adj. Sess.), § 1; 1993, No. 172 (Adj. Sess.), § 44; 2021, No. 105 (Adj. Sess.), § 25, eff. July 1, 2022.)
(a) The Agency shall be the authorized Agency of the State for participation in and the receipt of grants and assistance through federal rail assistance legislation and may receive such grants notwithstanding the provisions of 32 V.S.A. § 5.
(b) The Agency shall establish a State plan for rail transportation and local rail services that shall provide for the equitable distribution of funds received, including federal grants or loans, among State, local, and regional transportation authorities.
(c) The Agency shall administer any plan developed pursuant to subsection (b) of this section and shall have authority and administrative jurisdiction to develop, promote, supervise, and support adequate, safe, and efficient rail services.
(Added 1973, No. 182 (Adj. Sess.), § 2, eff. March 29, 1974; amended 1993, No. 172 (Adj. Sess.), § 45.)
(a) Notwithstanding 11A V.S.A. § 3.01(b)(4), a corporation for the purpose of owning or operating a railroad may be organized under the general laws of this State in the same manner as other corporations.
(b) Any domestic railroad corporation in existence before July 1, 1994 shall continue in existence and shall not be required to file new or amended articles of incorporation or to obtain a new or amended charter to continue its corporate existence.
(c) Any foreign railroad corporation authorized to do business in this State before July 1, 1994 shall continue to be authorized to do business in this State and shall not be required to obtain a new or amended certificate of authority.
(d) A domestic railroad corporation formed by voluntary association and a domestic railroad corporation chartered by the General Assembly, where the power to amend or repeal the charter was reserved by the General Assembly, shall be subject to the provisions of Title 11A, as the same may be amended from time to time, except in the case of an unambiguous inconsistency with a specific statute pertaining expressly to railroads or railroad corporations.
(e) A domestic railroad corporation chartered by the General Assembly, where the power to amend or repeal the charter was not reserved by the General Assembly, shall be subject to the provisions of Title 11A, as the same may be amended from time to time, except in the case of an unambiguous inconsistency with a specific statute pertaining expressly to railroads or railroad corporations or with a provision of the corporation’s charter.
(Added 1993, No. 172 (Adj. Sess.), § 46; amended 2017, No. 113 (Adj. Sess.), § 10.)
Any railroad property that shall be sold to, merged into, or consolidated with the railroad property of another railroad company shall remain subject to the appraisal then made and in force for purposes of taxation under the new ownership, until a new appraisal shall be made in the usual course of business by the Commissioner of Taxes, and the resulting or successor corporation shall be liable for all taxes thereon.
A railroad corporation may cause such examinations and surveys for a proposed railroad to be made as are necessary for the selection of the most advantageous route and, for such purpose, by its officers, agents, and employees, may enter upon lands or waters of a person, subject to liability for actual damages. Entry for other purposes shall not be made without the consent of the owner, until the damages are agreed upon by the parties, or ascertained and paid to the owner, or deposited as hereinafter provided.
Before a railroad corporation commences proceedings for the purpose of acquiring title to real estate or an interest in real estate, and, within two years after its incorporation, it shall cause a map or plan of the location of its road defining the courses, distances, and boundaries of the same in each town through which it passes, signed by a majority of the directors, to be recorded in the respective clerk’s offices of the towns. If the road passes through an unorganized town or gore, the location shall be recorded in the offices in which conveyances of real estate situated in that unorganized town or gore are required by law to be recorded.
(Amended 2021, No. 105 (Adj. Sess.), § 26, eff. July 1, 2022.)
A railroad corporation may lay out its road, not exceeding five rods wide, and may purchase or otherwise take lands or materials necessary for making or securing its railroad, and such water and in such quantity as is required for the uses of the road, with the right of entering upon the land and constructing and keeping in repair necessary aqueducts.
A railroad corporation may enter upon and take lands necessary for depot accommodations as provided by law and its act of incorporation.
Land without the limits of its road shall not be taken by a railroad corporation for the requisite and convenient accommodation of its road without the permission of the owner unless the commissioners appointed as prescribed in section 3523 of this title, on application of the corporation and after 12 days’ notice to the owner, first prescribe the limits within which such lands shall be taken.
When a railroad corporation has not acquired, by gift or purchase, land, real estate, or property, taken or required for the construction, maintenance, and convenient accommodation of its road, and if the parties do not agree as to the price of the land and other property, any two Justices of the Supreme Court, upon application for that purpose by the corporation, shall appoint three disinterested commissioners, one of whom shall be an inhabitant of the town and all shall be inhabitants of the county in which the land or other property to be appraised is situated, to determine the damages that the owners of the land or property have sustained by the occupation of the railroad corporation for the construction, maintenance, and convenient accommodation of its road.
(Amended 2021, No. 105 (Adj. Sess.), § 27, eff. July 1, 2022.)
The commissioners shall give 12 days’ notice to the occupants or owners of the land of the time and place when and where they will attend to the appraisal, but notice shall not be required to be given of the appraisal of unoccupied lands unless the owner resides in the State or has some known agent or attorney residing in the State. If the owner does not reside in the State, and has a known agent or attorney residing in the State, the same notice shall be given to the agent or attorney as is directed to be given to the owner or occupant.
(Amended 2021, No. 105 (Adj. Sess.), § 28, eff. July 1, 2022.)
At least 10 days before an appraisal is made by the commissioners, the corporation shall deliver to the owner, or deposit in the clerk’s office in the town in which the same lies, a plan or description in writing of the land or property so taken.
When a railroad corporation takes land subject to an estate for life or years, the commissioners shall appraise the damages to such estate and also the damages to the reversionary interest.
When an appraisal is made, the commissioners, within 20 days, shall notify the owner, if known, of the amount thereof, and deliver to the corporation a written statement of the same, with a description of the land or other property so appraised. Within 30 days thereafter, the corporation shall cause the same to be recorded in the clerk’s office of the town where the land or other estate lies.
Upon the payment of the damages, as determined by the commissioners, and including accrued costs and charges, by the corporation or upon the deposit of the same by the corporation in the bank or with the clerk of the Supreme Court, as the commissioners direct, to the credit of the person to whom the damages have been awarded, such bank or clerk giving notice personally or by mail to such persons that such deposit has been made, the corporation shall be deemed to be seized and possessed of the land or other property appraised by the commissioners.
(Amended 2023, No. 6, § 26, eff. July 1, 2023.)
When the owner of the land or estate is an infant, or lacks capacity to protect his or her interests due to an intellectual or psychiatric disability, or does not reside in this State, or is not known, the corporation shall cause the damages sustained by the owner to be determined in the manner described in this subchapter and shall pay the same to the lawful owner when demanded, with interest thereon. Such damages and interest shall be a specific lien upon the real estate of such corporation and be preferred before any other demand against such corporation.
(Amended 2013, No. 96 (Adj. Sess.), § 14; 2017, No. 113 (Adj. Sess.), § 11.)
When the corporation or the owner of land or property is dissatisfied with the decision of the commissioners, within 90 days after the date of the award either party may appeal to the Superior Court. Such court shall thereupon appoint three commissioners, one of whom shall be an inhabitant of the county in which such land or property is situated. The decision of the court shall be final upon the report of the commissioners, and costs, in the discretion of the court, may be allowed to either party. An appeal shall not be taken by the corporation after deposit of the amount of the award, nor shall an appeal be taken by the landholder or owner after acceptance thereof.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
When a railroad corporation requires for roadway or building materials land, the owner of which is unknown, or where there are conflicting claims to the title, or where such land is encumbered by mortgages, attachments, or the levy of execution, or otherwise, after having the damages appraised by the commissioners, such corporation may apply by petition to a Superior judge who, in his or her discretion, may order the damages awarded by the commissioners to be deposited with the Clerk of the Court, or in a bank in the county where the land lies, subject to the order of such person as the Superior judge decides is entitled to the same, or subject to the future order of the Superior judge.
A final decree shall not be made in such case until reasonable notice of the filing of the petition has been given to persons interested, when they are known and reside in the State. When the owners are unknown or reside outside the State, such notice shall be given as the Superior judge may order.
On the deposit of the damages under the order of a Superior judge, the title to the land shall vest in the corporation, subject to the right of appeal as in other cases. If the sum so deposited remains for six months undemanded, a Superior judge may order the same invested for the benefit of those interested.
If a railroad corporation obstructs the travel or means of access to a manufactory, mill, place of business, or dwelling house in laying out, building, grading, or making its road, it shall be liable to pay to the person thereby injured such reasonable compensation as the commissioners for determining railroad damages deem proper. The person so claiming to be damaged may apply in writing to the commissioners, setting forth such damage. Such application, with a notice from the commissioners to the corporation of the time and place of hearing, shall be served on the corporation according to law.
When a railroad corporation has entered upon and used land and real estate for the construction and accommodation of its railroad and has, by its engineers, agents, or servants, entered upon land contiguous to the railroad or the works connected to the railroad and taken materials to use in the construction of its road, and has not paid the owner for those materials nor, within two years from entry, had the damages appraised by commissioners and an award made and delivered, a person claiming damages, within six years after the entry, may bring an action for damages before a Superior Court. An answer justifying the entry under the act incorporating the company shall not bar the action, but the plaintiff shall recover only actual damages.
(Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 29, eff. July 1, 2022.)
A railroad corporation shall require sufficient security from the contractors for the payment of labor performed in constructing the road by persons in their employ. Such corporation shall be liable to the day laborers employed by the contractors for labor actually performed on its road, if the person having such claim, within 40 days after the performance of the labor, shall notify in writing the engineer in charge of the section on which the labor was performed that he or she has not been paid by the contractors.
After taking land for a portion of its road, a railroad corporation may vary the direction of the road in the place where such land lies, provided it does not thereby locate its road, or a part thereof, outside the limits prescribed by its act of incorporation. Before the time required by law for completing the road, such corporation shall file the location of the different parts of the road, when such variations are made, with the clerks of the respective towns where such parts are situated, who shall record the same.
When a railroad corporation has paid or becomes liable to pay land damages for the location of its road, and afterwards changes such location and occupies other lands of the same landowner to whom damages have been paid or awarded, the land first located upon, on the completion of the subsequent location, shall revert to the landowner. On the subsequent location, the commissioners shall award such damages as under the circumstances are just.
When the damages awarded on the second location are less than those awarded on the first, the corporation may recover the difference, if paid, from the landowner. If the damages so awarded have not been paid, the corporation may retain the difference and shall not be liable to pay the same. When the damages on the first location have been assessed by the commissioners and an appeal is pending, the corporation shall pay the costs accrued in the appeal, and cause its new location to be recorded, before it takes the benefit of this section.
(Amended 2021, No. 105 (Adj. Sess.), § 30, eff. July 1, 2022.)
When the location of a railroad is changed after the payment of damages to a landowner, and a portion of the lands of such owner is not taken for the new location, the lands taken for the first location shall revert to the owner. The railroad corporation may recover from the landowner the amount paid as damages less the damages that accrued to the owner in consequence of locating the railroad across the owner’s lands, which shall be ascertained by the Transportation Board. The landowner, if the landowner chooses, may convey to the corporation the located upon land and retain the awarded sum.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 31, eff. July 1, 2022.)
When the location of the road has been changed as mentioned in section 3540 of this title, and the damages have been awarded and not paid, the land first located upon shall revert to the owner thereof. The corporation shall not be required to pay the sum so awarded but shall pay to the owner the damages that have accrued to him or her by reason of such location, to be determined by the Board.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
When it is necessary for a railroad corporation to lay out its road upon or by the side of a highway, or upon a bridge owned by a town or the Agency of Transportation, the railroad corporation shall give notice thereof to a member of the selectboard of the town (where the proposed alteration involves a town highway) or the Secretary of Transportation (where the proposed alteration involves a State highway). When the railroad corporation cannot agree with the selectboard members or with the Agency of Transportation on a road to be worked or a bridge to be built by the railroad corporation, in place of such road or bridge, or on the amount of damages, the Transportation Board shall direct it to build such road or bridge, as a substitute for the road or bridge so located upon, as the interest of the public and the parties require. Upon the construction of such road or bridge, the road or bridge so located upon shall vest in the railroad corporation.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 47.)
A railroad corporation, a town, the Agency of Transportation, or an individual owning land adjacent to a road or bridge so entered upon, crossed, or altered shall have the same right of appeal from the decision of the selectboard or the Transportation Board as is provided in this chapter from the appraisal of land damages by commissioners.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 48; 2023, No. 6, § 27, eff. July 1, 2023.)
A railroad corporation may alter the course of a highway where it is crossed by its railroad, for the purpose of facilitating the crossing of the same, if it can agree with the selectboard of the town (in the case of a town highway) or the Agency of Transportation (in the case of a State highway) as to such alteration or the manner of crossing. When they cannot agree, the Transportation Board shall determine the same.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 49.)
Alterations made in a highway as provided in this chapter, if made by the Transportation Board, shall be signed by it. If such alterations are agreed upon by the parties, the agreement shall be signed by the selectboard of the town (where the alteration involves a town highway) or Secretary of Transportation (where the alteration involves a State highway) and duly recorded in the town clerk’s office.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 50.)
A railroad corporation may take additional lands for the purposes mentioned in sections 3543–3545 of this title as the Transportation Board judges necessary. Unless the taken lands are purchased or given, compensation for the lands shall be determined by the Transportation Board, as in other cases, and made by the railroad corporation to the owners and persons interested in the lands. When compensation is made, the same shall become part of the highway, and may be held for highway purposes, and the landowners and railroad corporation shall have the same right of appeal as in other cases of land damages.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 51; 2021, No. 105 (Adj. Sess.), § 32, eff. July 1, 2022.)
When a highway is laid out after the laying out and constructing of a railroad, so as to cross such railroad, the highway may pass over, under, or cross the railroad and shall be so built as not to obstruct or injure it. In case the highway is laid out to cross the railroad at grade, on application of the parties owning or operating the railroad, the Board, upon notice and hearing, shall determine whether such crossing ought to be at grade. If the Board determines that the crossing ought not to be at grade, it shall be constructed over or under the railroad.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 32, eff. April 25, 1995.)
The application to the Board, provided in section 3566 of this title, may be made at any time before the expiration of the time fixed in the order laying the highway for beginning work thereon.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 33, eff. April 25, 1995.)
A railroad may be so laid out as to cross a highway if the Board judges it necessary. The railroad may raise or lower the highway for the purpose of having its railroad pass over or under it. However, the railroad shall restore the highway as far as practicable and so as not to impair its usefulness.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 60, § 34, eff. April 25, 1995.)
When a highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, the railroad corporation, with the consent of the Board, may cause such highway to be changed so that such railroad may be constructed on the best site for that purpose. However, such corporation shall put such highway as near as practicable in as good a situation and repair as it was previous to such alteration, under the direction of the Board. Such construction or alteration shall not be made without notice to all parties interested and a hearing before the Board.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
When a railroad corporation has constructed a railroad across a town highway by passing upon, over, or under the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, bridges, culverts, crossings, and other constructions made for the accommodation, safety, and convenience of the public travel on the highway, over or upon the railroad.
(Amended 1969, No. 76, § 1; 1995, No. 60, § 35, eff. April 25, 1995.)
(a) When a railroad corporation has constructed a railroad across a State highway by passing upon the traveled path thereof, the corporation shall keep in good and sufficient repair, and rebuild when necessary, culverts, crossings, and other constructions except bridges made for the accommodation, safety, and convenience of the public travel on the highway upon the railroad.
(b) Installation of new crossings at grade, extensions of existing crossings, or the rebuilding of existing crossings required as a result of the building of said extensions, when required for the accommodation, safety, and convenience of the public travel, or for any reason except the accommodation of the railroad, shall be done by the railroad corporation at State expense.
(Added 1969, No. 76, § 2.)
(a) When it next becomes necessary to rebuild or reconstruct, in whole or in part, any existing bridge on a State highway that carries a public highway over railroad tracks, the State shall rebuild the bridge and pay one-half the cost thereof and the railroad corporation whose track travels under the bridge shall pay one-half the cost thereof; thereafter the State shall maintain, rebuild, and repair the bridge at its expense. If the rebuilding or reconstruction is made at the request of and for the benefit of the railroad, the railroad shall pay the entire cost. Maintenance, repair, and reconstruction or rebuilding, in whole or in part, required on bridges that were reconstructed or rebuilt in whole or in part for existing legal loads for State highways, subsequent to January 1, 1963, shall be made by the State at its expense.
(b) Construction of new bridges carrying public highways over railroad tracks and rebuilding and reconstruction of existing bridges, when made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic, shall be made by the State at its expense, except that to the extent any additions or improvements are made at the request of and for the benefit of the railroad, the added cost shall be paid by the railroad.
(Added 1969, No. 76, § 3.)
When a railroad corporation has constructed a railroad across a public highway by passing over the traveled path thereof, the corporation shall keep in good and sufficient repair and rebuild when necessary its bridges and abutments; however, construction of new bridges and abutments and rebuilding and reconstruction of existing bridges and abutments made necessary by reason of highway improvement incident to increased load, usage, or speed of motor vehicular traffic shall be made by the railroad at State expense.
(Added 1969, No. 76, § 4.)
When made necessary by reason of highway improvement incident to increased load or speed of motor vehicular traffic, upon petition of the railroad corporation owning or operating the crossing mentioned in section 3570 of this title or of the municipality in which the crossing is located or of the Agency of Transportation, to the Transportation Board, after hearing and due notice to the parties in interest, the cost of the repairing and rebuilding may be apportioned between the State, the municipality with its consent, and the railroad in such proportion as the Board finds just and equitable.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 76, § 5; 1993, No. 172 (Adj. Sess.), § 52.)
The maintenance of the roadbed of the highway through an underpass shall be borne by the State, in the case of a State highway, or municipality, in the case of a town highway, or both, unless, upon petition, the Board shall order otherwise.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2023, No. 6, § 29, eff. July 1, 2023.)
When a highway is controlled and maintained by the State, the expense shall be borne by the State.
(Amended 1969, No. 76, § 6.)
A railroad corporation constructing a railroad across a highway shall be liable to the town, within whose limits the crossings are, for damages occasioned to that town by reason of the corporation not complying with the provisions of sections 3570 and 3574 of this title. The liability shall extend to expenses incurred by the town in connection with actions against the corporation by reason of the noncompliance.
(Amended 1969, No. 76, § 7.)
The liability of the corporation shall continue although the railroad has been abandoned, unless the town’s selectboard members consent in writing that the corporation be released from liability, or unless the corporation or its assigns restore the crossing to its original state of usefulness and permanency. The written consent shall be recorded in the record of deeds in the town clerk’s office by the selectboard members.
(Amended 2021, No. 105 (Adj. Sess.), § 33, eff. July 1, 2022.)
When the selectboard of a town in which such crossing is located is of the opinion that such bridge, culvert, crossing, or construction requires repairing or rebuilding in order to be safe for travel thereon, the selectboard may notify the corporation required by this chapter to repair or rebuild the same by leaving a written notice to that effect with the president, superintendent of such road, or the clerk of such corporation. When such corporation does not repair or rebuild the same within one month after such notice, the town may apply by petition to the Transportation Board to be heard thereon. Upon due notice and hearing, the Board may order and compel such repairs or rebuilding to be made as are necessary for the safety of the traveling public.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53.)
Nothing in sections 3570-3579 of this title shall interfere with an express contract made by a railroad corporation and a town relative to keeping in repair or rebuilding any such bridge, culvert, crossing, or other construction.
(a) A railroad shall maintain railroad crossing (crossbuck) signs conforming to the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended from time to time, at every public highway where the same is crossed by its railroad at grade.
(b) The Transportation Board, upon recommendation of the Agency of Transportation and after notice to the railroad and the person having control of the highway and an opportunity to be heard, may designate certain crossings as “exempt” and may impose such conditions as the interests of safety and the public good dictate. However, a flagperson shall be stationed at every crossing whenever a train is crossing a highway where an exempt sign is displayed. Within 90 days after such an order, the railroad in the case of warning devices, and the person having control of the highway in the case of advance warning signs, shall affix “exempt” signs in accordance with 23 V.S.A. § 1025. The petitioner shall bear the expense of the exempt sign.
(c) At the request of the Agency of Transportation, the railroad, or the person having control of the highway, and after notice and an opportunity to be heard, the Transportation Board may rescind an “exempt” crossing designation. The railroad and the person having control of the highway shall remove the “exempt” signs as directed by the Transportation Board.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 153, § 1; 1971, No. 258 (Adj. Sess.), § 12, eff. March 1, 1973; 1985, No. 268 (Adj. Sess.), § 2; 1991, No. 49, § 1, eff. June 4, 1991; 1993, No. 172 (Adj. Sess.), § 53a; 2023, No. 6, § 30, eff. July 1, 2023.)
(a) An audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded sufficiently in advance of each public highway grade crossing to give warning of a train’s approach and shall be kept sounding until the train has crossed the highway.
(b) [Repealed.]
(c) [Repealed.]
(d) A railroad operating a train over a crossing at which the Federal Railroad Administration has approved establishment of a quiet zone under 49 C.F.R. Part 222 shall not, on the basis of its omission to sound an audible warning device, be liable to any person for death, personal injury, or property damage resulting from use of the crossing.
(e) Nothing in this section shall prohibit a railroad’s use of an audible warning device in emergency circumstances.
(f) A municipality in which a crossing is located shall not, on the basis of the railroad’s omission to sound an audible warning device because of a quiet zone established under 49 C.F.R. Part 222, incur liability to any person for death, personal injury, or property damage, resulting from use of the crossing.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 53b; 1995, No. 183 (Adj. Sess.), § 9a, eff. May 22, 1996; 1997, No. 150 (Adj. Sess.), § 5; 2023, No. 6, § 31, eff. July 1, 2023.)
When a person or corporation owning or operating a railroad unreasonably neglects or refuses to comply with the provisions of sections 3581 and 3582 of this title, such person or corporation shall be fined not more than $1,000.00.
When requested in writing by three or more freeholders or registered voters or residents of a city or village to order a gate or electric signal to be erected, or a flagger to be stationed at any railroad crossing at grade within such city or village, or when so requested by three or more freeholders or registered voters or residents of a town to order an electric signal to be erected at any railroad crossing at grade within that town, or, acting on its own initiative, the Transportation Board shall visit that place, first giving the parties making the request, the Secretary of Transportation, and the railroad corporation notice thereof. If the public safety requires, the Board shall order the corporation operating the railroad to do any act at that place needful for the protection of the public and may make any other order or further order it deems necessary in the premises, including an order, after hearing and due notice to the parties in interest, directing the State, the municipality, and the railroad to pay all or part of the costs as the Board finds just and equitable. The Board shall not make further order without first visiting the place and giving the railroad corporation, the Secretary of Transportation, and the parties making request an opportunity to be heard thereon.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 3, eff. Aug. 1, 1961; 1969, No. 76, § 8; 1971, No. 253 (Adj. Sess.), § 9, eff. April 7, 1972; 1993, No. 172 (Adj. Sess.), § 54.)
In making an order under section 3584 of this title, the Transportation Board shall require the submission of an itemized statement of the cost incurred by the State agency, municipality, corporation, or person responsible for compliance with the order with an affidavit of an appropriate officer or person that the costs shown on the statement were incurred and are reasonable to the best of the officer’s or person’s knowledge and belief. Upon approval by the Board of the statement and its certification to the Commissioner of Finance and Management, the State Treasurer shall issue a warrant to pay the State’s portion of the cost in accordance with the order of the Board.
(Added 1966, No. 4 (Sp. Sess.), eff. Feb. 17, 1966; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 172 (Adj. Sess.), § 55.)
A person, corporation, or the agents or employees thereof, owning or operating a railroad, who willfully or negligently obstruct a public highway or farm crossing with engines, tenders, or cars, shall be fined not more than $20.00 nor less than $5.00.
(a) When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time. A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00.
(b) The provisions of this section shall not apply to:
(1) any grade crossings now existing or subsequently established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and
(2) the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12).
(Amended 1993, No. 211 (Adj. Sess.), § 22, eff. June 17, 1994; 2005, No. 175 (Adj. Sess.), § 19; 2021, No. 105 (Adj. Sess.), § 34, eff. July 1, 2022.)
A person or corporation owning or operating a railroad or the agents or employees thereof, shall not allow a handcar or other nuisance to be left on the railroad track or at the side of such track within the bounds of a highway crossed by such railroad. An agent or employee of a railroad corporation who violates the provisions of this section shall be fined not more than $20.00 nor less than $5.00.
A person or corporation that violates the provisions of section 3588 of this title shall be liable for all injuries and damages occasioned by reason of a horse or team becoming frightened thereby, to be recovered in an action on this statute, brought by the party injured or damaged.
A person who leaves wood, lumber, or other material on the line of a railroad or highway, at or near the crossing of a highway, so as to prevent or obstruct the sight of cars when approaching the crossing, shall be fined not more than $50.00 nor less than $5.00.
A person who does not remove such obstruction after notice from one or more of the selectboard members or from a police officer of the town in which the crossing is situated shall be fined not more than $50.00 nor less than $5.00 for every 24 hours such obstruction remains thereafter.
Notwithstanding the provisions of this chapter allocating certain costs to the State or permitting the Transportation Board to make such allocations, no claim for reimbursement of the State’s share of any work may be asserted against the State unless the Secretary of Transportation, prior to commencement of the work for which reimbursement is sought, certified in writing that appropriated funds were available to pay the State’s share.
(Added 1989, No. 246 (Adj. Sess.), § 26.)
(a) Definitions. As used in this section:
(1) “Public rail-highway crossings” means at-grade crossings determined by the Agency to be active public crossings. Public crossings shall not include crossings on railroad lines that have been abandoned or embargoed.
(2) “Active warning devices” means flashing lights, signals, automatic gates, or manually operated gates.
(b) Reimbursement. To the extent funds are appropriated for this purpose by the General Assembly, the Agency shall reimburse railroads up to $2,000.00 annually for the maintenance of each public rail-highway crossing equipped with flashing light signals and $2,500.00 annually for the maintenance of each crossing equipped with automatic or manually-operated gates. Any reimbursement under this subsection shall be reduced by any amount that a municipality or some other third party is separately required to contribute to the railroad’s cost of maintaining active warning devices at a public rail-highway crossing, whether because of some contractual obligation or because of a regulatory order entered by the Transportation Board or one of its predecessor agencies.
(c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent on the railroad’s performing inspection and maintenance of active warning devices in accordance with regulations promulgated by the Federal Railroad Administration.
(d) Maintenance of crossing surface. The Agency shall be responsible for maintenance, repair, replacement, and installation of highway surfaces at public rail-highway crossings.
(e) Quiet zones; special agreements. Notwithstanding this section, the Agency may enter into special agreements to reimburse a railroad for inspecting and maintaining signals and related equipment at crossings that have been specially designated as “quiet zones” pursuant to section 3582 of this title.
(f) Rulemaking. The Secretary may adopt rules to implement this program.
(Added 1999, No. 18, § 8, eff. May 13, 1999; amended 2021, No. 105 (Adj. Sess.), § 35, eff. July 1, 2022.)
A railroad corporation may cross or unite its railroad with any other railroad at any point in its route and upon the grounds of such other railroad corporation, with necessary turnouts, sidings, switches, and other conveniences. If the two corporations cannot agree upon the amount of compensation to be made or the points and manner of such crossings and connections, the same shall be determined by the Transportation Board on petition, service, and hearing.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 56; 2021, No. 105 (Adj. Sess.), § 36, eff. July 1, 2022.)
A foreign railroad corporation connecting at the line of this State with a domestic railroad corporation may acquire and hold in this State such real estate as it may find necessary, and may make such improvements thereon as shall enable it satisfactorily, to make such connection with the railroad in this State and may construct and maintain all necessary sidings, engine houses, car houses, turntables, and other necessary structures and appliances for terminal purposes as shall be required for the operation of its railroad.
(Amended 2023, No. 6, § 32, eff. July 1, 2023.)
When a railroad enters upon, intersects, or connects with another railroad, the managers of each of such connecting roads shall furnish to the other reasonable terms of connection, accommodations, privileges, and facilities, in the reception, transportation, and delivery of cars, passengers, baggage, and freight, to and from each of such connecting roads, according to the usual course of railroad business, including the sale and reception of passenger tickets and checking of baggage, and shall receive and transport such cars, passengers, baggage, and freight at reasonable times and on reasonable terms.
When a railroad is intersected by two or more railroads that are competing lines for business to or from the road so intersected, the managers of the road shall transport cars, passengers, baggage, and freight to and from each of the intersecting roads on the same terms and shall not establish rules, regulations, or terms of connection that will give to either of the competing roads an unreasonable advantage over the other. If the managers of the roads cannot agree upon any of the terms, the same, on petition, notice, and hearing, shall be determined by the Transportation Board.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 57; 2021, No. 105 (Adj. Sess.), § 37, eff. July 1, 2022.)
[Repealed]
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 38, eff. July 1, 2022; repealed by 2023, No. 62, § 42(a), eff. July 1, 2023.)
A competing road interested in the time or times of such connections, or in the rules and regulations governing the same, may be made a party to such petition and hearing or may bring an independent petition to have the time, times, rules, or regulations changed or modified. The Board, on due service and hearing, may make such changes or modifications as are required for the accommodation, convenience, and safety of the public.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
All trains or engines run upon a railroad in this State that intersects or crosses or is intersected or crossed by another railroad upon the same level shall be brought to a full stop and the whistle sounded at a distance of not less than 100 feet nor more than 1,000 feet from the point of intersection or crossing before such intersection or crossing is passed by such train or engine. The full stop and crossing on signal, with the approval of the Transportation Board, may be discontinued if an interlocking switch and signal apparatus is adopted, installed, and put in operation by such railroads at such crossing or intersection of two railroads.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 58.)
An engineer who violates a provision of section 3618 of this title shall be fined $100.00, and the corporation on whose road the offense is committed shall be fined the further sum of $300.00.
(a) A person owning or operating a railroad shall construct and maintain farm crossings of the road for the use of the proprietors of lands adjoining the railroad, and cattle guards at all farm and road crossings sufficient to prevent cattle and animals from getting on the railroad. A farm crossing may be temporarily or permanently closed or discontinued by mutual agreement between all parties having an interest in the farm crossing. If no mutual agreement can be reached by such interested parties, then a person owning or operating a railroad and desiring to close any farm crossing shall make application to the Transportation Board. The Board shall give notice to all interested parties, in the manner as the Board may direct, of the hearing on the application, the hearing to be in the county where the crossing is located. After the hearing, a person owning or operating a railroad shall not close such farm crossing without the approval of the Transportation Board. A person aggrieved by the closing of a farm crossing after January 1, 1955 by a person owning or operating a railroad may notify the Transportation Board of the closing by registered or certified mail, and upon receipt the Board shall conduct a hearing. Notice and place of hearing shall be as set forth in this subsection. The Transportation Board may require the reopening of any such crossing and make other order as is permitted in section 3649 of this title. At any hearing, the burden of proof shall rest with the person or persons effecting or seeking to effect the closing of a farm crossing. Any person aggrieved by the final order of the Transportation Board, who was a party to the proceedings, may seek judicial review pursuant to 19 V.S.A. § 5(c).
(b) A person closing any farm crossing in violation of a provision of this section or failing to comply with any such order shall be fined not less than $50.00 nor more than $500.00, and any person aggrieved by such violation may recover the person’s damages in an action on this statute.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 59; 2017, No. 113 (Adj. Sess.), § 12; 2019, No. 14, § 6, eff. April 30, 2019; 2021, No. 105 (Adj. Sess.), § 39, eff. July 1, 2022; 2021, No. 184 (Adj. Sess.), § 32, eff. July 1, 2022.)
When the parties cannot agree upon the plan, manner, or number of the farm crossings, the same shall be determined by the Transportation Board on petition and after a public hearing. However, if the cost of such farm crossings exceeds the value of the land to be accommodated thereby, the Board need not order such crossings to be made, but shall award reasonable damages in lieu thereof.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 60; 2023, No. 6, § 33, eff. July 1, 2023.)
The provisions of law relieving parties owning property adjoining a highway from maintaining fences along the line of such highway shall not be held to relieve persons owning or operating a railroad from maintaining cattle guards at points where such railroad crosses a highway at grade.
(a) A person or corporation owning or operating a railroad shall construct and maintain on the sides of its road, when completed and in running order, a good and sufficient fence, along land of an operating farm adjacent to the railroad.
(b) Whenever the owner or occupant desires to pasture livestock on land adjacent to the railroad not then used for pasturing livestock and desires the railroad to erect the portion of the fence next to the tracks, he or she shall fence the portion of that land that is not adjacent to the railroad, and the railroad shall construct the portion of the fence adjacent to its tracks within five days of notice to it from the owner or occupant that his or her portion of the fence has been completed and shall maintain that fence so long as the adjacent land is used for pasturing livestock.
(Amended 1977, No. 139 (Adj. Sess.), § 1, eff. March 24, 1978.)
When a person or corporation owning or operating a railroad does not construct and maintain a fence as required by this chapter, any person aggrieved may construct it. The selectboard members of the town in which the same is located shall appraise the value thereof, and the person or railroad corporation shall pay the amount so awarded by the selectboard members to the person so aggrieved. On failure of the person or corporation to pay the amount so awarded, the person so constructing such fence may recover the same in an action on this statute. Such a person or railroad corporation shall not be required to build such fence while the ground is frozen.
The provisions requiring a person or corporation owning or operating a railroad to construct and maintain fences shall not apply when such person or corporation has settled with and paid the landowner for building and maintaining such fence. When a landowner thus paid for keeping such fence in repair neglects so to do, the person or corporation owning or operating such railroad may make the repairs and recover the necessary expense thereof of such landowner or his or her grantee.
Until fences and cattle guards are duly made, such person or corporation and their agents shall be liable for the damages done by agents or engines to cattle, horses, or other animals thereon if occasioned by want of such fences and cattle guards. After such fences and guards are made, the person or corporation shall not be liable for such damages unless negligently or willfully done.
A person who rides, leads, or drives a horse or other animal or operates a motor vehicle or a snowmobile upon a railroad, and within such fences and guards, other than at road and farm crossings, without the consent of the corporation shall forfeit not more than $50.00 to be recovered by the corporation in an action on this statute and shall also pay the damages sustained thereby to the party aggrieved.
(Amended 1967, No. 341 (Adj. Sess.), § 13.)
When a horse or other beast is found going at large within the limits of a railroad after the same is opened for use, the person through whose fault or negligence such horse or other beast is so at large shall forfeit not more than $20.00 for every horse or other beast so found going at large and shall be liable for the damages thereby sustained by any person, such forfeiture and damages to be recovered in an action on this statute.
A person through whose land a railroad passes, after such road is in operation, and after 10 days’ notice by registered or certified letter addressed to the principal office of such railroad, may make complaint in writing to the Transportation Board that he or she is aggrieved by the neglect or default of a railroad corporation in constructing or maintaining fences, cattle guards, or farm crossings that the corporation is bound to construct or maintain, or by its stopping, impeding, or altering a watercourse, or by its making or stopping a ditch. The Board shall give reasonable notice to the petitioner and to the railroad corporation and to any other parties having an interest in the subject matter of the complaint of the time and place of hearing thereon, and such notice shall be given by registered or certified mail or by personal delivery.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 61.)
After hearing, the Board may make a written order requiring the corporation to construct or maintain in good repair such fence, cattle guard, or farm crossing, or to make or alter such watercourse or ditch, or to remove such impediment to the same, within such time as it may fix. Such corporation shall not be required to open a ditch while the ground is frozen, nor to alter the natural course of or do any act in regard to a watercourse that it is not legally bound to do, nor to comply with such order until 10 days after being served with a copy thereof.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
Unless the Board has extended the time for cause shown, a railroad corporation failing to comply with such order for more than 20 days after the time fixed by the Board shall be fined not more than $25.00 for each day’s failure. The corporation shall be further liable to the party aggrieved for the damages the party sustains in consequence of the failure.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 40, eff. July 1, 2022.)
(a) No person shall construct, alter, or permit construction or alteration of a railroad track, railroad bridge, or structure over or adjacent to any railroad track unless the clearances provided equal or exceed the minimum standards set forth in the American Railway Engineering Association’s Manual for Railway Engineering, as in effect at the time work begins.
(b) Subject to the approval of the Transportation Board, a variance from the standards established by this section may be established by written agreement of the Agency of Transportation, all involved railroad companies, and any affected municipality.
(c) If the parties are unable to agree on a variance request, the Transportation Board, after notice and hearing, may grant a variance from the standards established by this section if the Board determines that:
(1) the Agency of Transportation, all involved railroad companies, and any affected municipality have had an opportunity to review and comment on the variance request;
(2) granting the variance will not significantly impair the safe, efficient, continuous movement of freight, passengers, and railroad equipment on the State’s railroad system or the safe, efficient performance of railroad maintenance operations; and
(3) the costs and impacts associated with meeting the clearance standards established by this section would exceed any public benefits reasonably likely to flow from adhering to such standards.
(d) Notwithstanding this section, tracks, bridges, and structures lawfully in existence or already under construction before July 1, 1990 may continue to be used and repaired, provided that clearances are not further reduced.
(Added 1989, No. 246 (Adj. Sess.), § 27; amended 1993, No. 172 (Adj. Sess.), § 62; 2017, No. 113 (Adj. Sess.), § 13.)
A person or corporation operating a railroad in this State shall cause all thistles and noxious weeds growing within the surveyed boundaries of such railroad to be cut and destroyed before August 1 in each year.
(Amended 1969, No. 97, § 1.)
[Repealed]
2017, No. 158 (Adj. Sess.), § 13.
A railroad shall take reasonable measures to control vegetation that is both on railroad property and on or immediately adjacent to the roadbed, so that the vegetation does not obstruct a highway user’s view of traffic control devices at a grade crossing or of a train approaching the crossing.
(Amended 1969, No. 97, § 4; 2017, No. 158 (Adj. Sess.), § 14.)
If a railroad fails to control vegetation as required by section 3671 or 3673 of this title within 30 days after written notice is given by the selectboard of the town in which the vegetation is located or by the Agency in the case of violations involving a State highway grade crossing, the Transportation Board, upon application by the town or the Agency and after notice and hearing, may order the railroad to perform the work. Any such order shall specify a date by which the work must be completed. If the railroad fails to comply with the Board’s order, the Board may impose a civil penalty of $100.00 against the railroad for each day that the railroad fails to comply with the Board’s order.
(Amended 1969, No. 97, § 3; 2017, No. 158 (Adj. Sess.), § 15.)
A railroad corporation and its agents or employees shall not demand or receive for a single ticket bought or fare paid, on a train or elsewhere than at its ticket office, more than $0.10 in excess of the tariff rate charged at its ticket office. When such excess is received, the conductor or other person receiving it shall give to the passenger a certificate that shall entitle him or her to receive the excess so paid at any station of the corporation in exchange for such certificate if presented for redemption at any time within 30 days from the day of issue. A person or corporation that violates a provision of this section shall be fined not more than $100.00 nor less than $10.00 for each offense.
A railroad corporation whose railroad is located in the State shall not charge a larger sum for the transportation of freight, merchandise, or passengers thereon for a less distance, to or from a way station on such road, than is charged for a greater distance. In case of a violation of this provision, the excess so charged may be recovered from such corporation, by the party aggrieved, in an action on this statute, with costs.
Railroad companies may transport at special and reduced rates, to and from a public agricultural exhibition or fair, animals or other property to be exhibited there publicly and may transport at special and reduced rates, to and from schools and other institutions of learning in this State, students there attending, provided that such rates shall be available to all who exhibit at such exhibitions or fairs or attend such schools or other institutions of learning.
A person or corporation operating a railroad shall give to all persons reasonable and equal terms, benefits, facilities, and accommodations for the transportation of themselves, their agents and servants, and of merchandise and other property, upon such railroad, and for the use of the depots, buildings, and grounds thereof, and, at any point where such railroad connects with another railroad, reasonable and equal facilities of interchange.
Two or more corporations whose roads connect shall not charge or receive for the transportation of freight to any station on the road of either of them a greater sum than is, at the time, charged or received for the transportation of the like class and quantity of freight from the same original point of departure to a station at a greater distance on the road of either in the same direction. This section shall not be construed as affecting the right of any railroad corporation to establish such rates on freights shipped over its line in carload lots from points outside the State to points beyond the State as may seem for its best interests, and the sum charged or received for the transportation of freight shall include all terminal charges.
A person or corporation violating a provision of sections 3697 and 3698 of this title shall be liable to the party aggrieved for all damages sustained by reason of such violation, in an action on this statute. However, such sections shall not be so construed as to prevent the issuing of excursion, mileage, and commutation tickets.
Each railroad corporation doing business in this State shall grant to every person, firm, joint stock company, or corporation operating a public telephone line in the State and having at least 500 telephone connections equal and reasonable terms, arrangements, and facilities for the installation of telephone instruments on the lines, or connected with the telephone system of such person, firm, joint stock company, or corporation, in all depots, station houses, or offices of such railroad corporation in the State. A railroad corporation that violates the provisions of this section shall be fined not more than $1,000.00 and shall be further liable in an action on this statute for damages to the party injured thereby.
[Repealed]
1995, No. 183 (Adj. Sess.), § 9b, eff. May 22, 1996.
A conductor, baggage master, engineer, brakeman, or other servant of a railroad corporation employed in a passenger train or at stations for passengers shall wear upon his or her hat or cap a badge, which shall indicate his or her office, and the initial letters of the name of the corporation by which he or she is employed. An officer without such badge shall not demand or be entitled to receive from any passenger any fare, toll, or ticket; or interfere with a passenger or his or her baggage or property; or exercise any of the powers of his or her office.
Baggage masters and station agents on railroads shall give checks, when requested so to do, to the owners of baggage who hold tickets, when delivered to them for the transportation from station to station. Such checks shall be returned to the baggage master or station agent when he or she delivers the baggage to the owner. A person or corporation operating a railroad whose officers or employees do not comply with the requirements of this section shall be fined $10.00 and shall also be liable for damages that accrue in consequence thereof.
When a passenger in a train refuses to pay his or her fare or toll or to comply with the reasonable regulations of the corporation for the government of passengers, or is disorderly or intoxicated, the conductor of the train and the employees of the corporation may put him or her out of the cars at the nearest regular station on such railroad, causing the train to be stopped for that purpose. Conductors, agents, employees, or other officials of a railroad corporation shall not forcibly eject or cause to be ejected or put out of a train any passenger for nonpayment of fare or for being disorderly or intoxicated, except at a regular station on such railroad.
A person or corporation running trains on any railroad in this State and the conductors, agents, employees, or other officers of such railroad shall be responsible for all injury and damage to persons or property arising by reason of noncompliance with or a violation of the requirements of section 3723 of this title, to be recovered in an action on this statute.
A person entering as a passenger upon a railroad train and refusing to pay his or her fare shall be fined not more than $20.00 nor less than $2.00.
A conductor, engineer, or other person having the control of an engine or train of cars who runs such engine or train of cars or allows the same to be run upon a section of railroad at the time designated for any other engine or train of cars to run upon such section in an opposite direction without notice and authorization from the conductor, engineer, train dispatcher, or other person having control of the movement of the last mentioned engine or train of cars shall be fined not more than $1,000.00 nor less than $100.00.
A locomotive, engine, or other power shall not run upon a railroad, except those that belong to and are controlled by the person owning and managing the road, unless by the person’s consent. An engineer or other person violating the provisions of this section shall be liable to the person owning and managing the road for the damages sustained due to the violation and shall be fined not more than $500.00. If a collision of trains results from the violation of this section and an individual is killed, the engineer or other person shall be guilty of manslaughter. This section shall not be enforced when it conflicts with the charter of a railroad corporation organized under the laws of this State.
(Amended 2021, No. 105 (Adj. Sess.), § 41, eff. July 1, 2022.)
When a railroad corporation employs or retains in its service a conductor, engineer, brakeman, switchman, semaphore operator or other signalman, train dispatcher, or telegraph operator who receives train orders who uses alcohol as a beverage, such fact being known to the president, superintendent, or any of the directors of such road, such corporation shall be fined not more than $3,000.00 nor less than $300.00. Such corporation shall also be liable for the damages that a person sustains by the employment or retention of such employee.
(Amended 2017, No. 83, § 161(1).)
A person named in section 3728 of this title who, while in control of the movement of an engine, train, electric car, or semaphore or while engaged in the discharge of any duty relating to his or her employment, is intoxicated shall be imprisoned not more than one year or fined not more than $500.00, or both.
(Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 161(1).)
An engineer, fireman, or other agent of a railroad who is guilty of negligence or carelessness that causes an injury to a person shall be imprisoned not more than one year or fined not more than $1,000.00, or both. This section shall not exempt a person from an action for damages.
(Amended 1981, No. 223 (Adj. Sess.), § 23; 2021, No. 105 (Adj. Sess.), § 42, eff. July 1, 2022.)
When the property or person of another is injured through the default of a person or corporation owning or operating a railroad, or the agents or employees thereof, the cars, engines, and other property that, at the time of such injury, are subject to use in the running and management of such road and that have, at any time, been owned by such person or corporation, shall be held to be the property of the person or corporation for the purpose of furnishing indemnity for such injury and may be attached and levied upon as such at the action of the party injured.
A person or corporation owning or operating a railroad shall be responsible in damages for injury to a building or other property caused by fire communicated by a locomotive engine on such road unless due caution and diligence are used and suitable expedients employed to prevent such injury. The person or corporation shall have an insurable interest in the property along its route and may procure insurance thereon.
[Repealed]
2007, No. 164 (Adj. Sess.), § 47.
(a) Definitions. As used in this section:
(1) “Passenger” means a person traveling by train with lawful authority and who does not participate in the train’s operation. The term “passenger” does not include a stowaway.
(2) “Railroad” means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways. “Railroad” does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “Railroad carrier” means a person providing railroad transportation.
(4)(A) “Railroad property” means the following property owned, leased, or operated by a railroad carrier or used in its rail operations:
(i) a right-of-way, track, yard, station, shed, or depot;
(ii) a train, locomotive, engine, car, work equipment, rolling stock, or safety device; and
(iii) a “railroad structure,” which means a bridge, tunnel, viaduct, trestle, culvert, abutment, communication tower, or signal equipment.
(B) “Railroad property” does not include inactive railroad property of the Twin State Railroad.
(5) “Right-of-way” means the track and roadbed owned, leased, or operated by a railroad carrier and property located on either side of the tracks that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.
(6) “Yard” means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs.
(b) Trespassing on railroad property prohibited. Except for the purpose of crossing railroad property at a public highway or other authorized crossing, a person shall not, without lawful authority or the railroad carrier’s written permission, knowingly enter or remain upon railroad property by an act including:
(1) standing, sitting, resting, walking, jogging, or running, or operating a recreational or nonrecreational vehicle, including a bicycle, motorcycle, snowmobile, car, or truck; or
(2) engaging in recreational activity, including bicycling, hiking, camping, or cross-country skiing.
(c) Stowaways prohibited. A person shall not, without lawful authority or the railroad carrier’s written permission, ride on the outside of a train or inside a passenger car, locomotive, or freight car, including a box car, flatbed, or container.
(d) Persons not subject to ticketing. The following is a nonexhaustive list of persons who, for the purposes of this section, are not subject to ticketing for trespass under subsections (b) and (c) of this section:
(1) passengers on trains or employees of a railroad carrier while engaged in the performance of their official duties;
(2) police officers, firefighters, peace officers, and emergency response personnel, while engaged in the performance of their official duties;
(3) a person going upon railroad property in an emergency to rescue from harm a person or animal such as livestock, pets, or wildlife, or to remove an object that the person reasonably believes to pose an imminent hazard;
(4) a person on the station grounds or in the depot of the railroad carrier as a passenger or for the purpose of transacting lawful business;
(5) a person, or the person’s family or invitee, or the person’s employee or independent contractor going upon a railroad’s right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier or authorized by law in order to obtain access to land that the person owns, leases, or operates;
(6) a person who has permission from the owner, lessee, or operator of land served by a private crossing site approved by the railroad carrier or authorized by law, to use the crossing for recreational purposes and who enters upon the crossing for such purposes;
(7) a person having written permission from the railroad carrier to go upon the railroad property in question;
(8) representatives of the Transportation Board or Agency of Transportation while engaged in the performance of their official duties;
(9) representatives of the Federal Railroad Administration while engaged in the performance of their official duties;
(10) representatives of the National Transportation Safety Board while engaged in the performance of their official duties; or
(11) a person who enters or remains in a railroad right-of-way, but not within a rail yard or on a railroad structure, while lawfully engaged in hunting, fishing, or trapping; however, a person shall not be exempt from ticketing under this subdivision if he or she enters within an area extending eight feet outward from either side of the rail and within the rail unless he or she crosses and leaves this area quickly, safely, and at an angle of approximately 90 degrees to the direction of the rail.
(e) Rights, duties unaffected. Nothing in this section is intended to modify the rights, duties, liabilities, or defenses available to any person under any other law or under a license or agreement.
(f) Penalty. A violation of this section is a traffic violation as defined in 23 V.S.A. chapter 24 and an action under this section shall be brought in accordance with 4 V.S.A. chapter 29. A person who violates this section shall be subject to a civil penalty of not more than $200.00.
(Amended 2015, No. 158 (Adj. Sess.), § 15.)
[Repealed]
2015, No. 158 (Adj. Sess.), § 16.
Upon petition of a person or corporation owning or operating a railroad, the Commissioner of Public Safety may, subject to the provisions of section 3757 of this subchapter, commission any employees of the railroad as the person or corporation designates to act as police officers in and upon the premises and equipment owned, managed, or used by a railroad; shall issue commissions to the employees so commissioned; and shall have the authority to rescind such commissions.
(Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)
Each police officer so commissioned shall, before entering upon the duties of his or her office, take an oath of office administered by the Commissioner of Public Safety or his or her designee.
(Added 1981, No. 104, § 1.)
Persons commissioned pursuant to section 3755 of this subchapter shall be subject to minimum training standards established by rule of the Vermont Criminal Justice Council pursuant to 20 V.S.A. chapter 151.
(Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)
Railroad police commissioned pursuant to this subchapter shall have the authority to act as police in and upon the premises and equipment owned, managed, or used by a railroad, and in all cases in which the rights of the employing or another railroad are involved, to exercise within this State all the powers of a law enforcement officer, including the powers of arrest and the carrying of firearms.
(Added 1981, No. 104, § 1.)
When a criminal offense occurs on a moving train, arraignment and trial of any suspected offender shall take place in the county or territorial unit in which the offense occurred. When arrest and continued custody by railroad police are necessary and allowed by the Vermont Rules of Criminal Procedure, railroad police may detain a person arrested on a moving train until the next regular stop for the train on which they are traveling. The person shall then be removed from the train and delivered to the appropriate authorities.
(Added 1981, No. 104, § 1.)
Railroad police commissioned pursuant to this subchapter shall, when on duty, carry a badge with the words “Railroad Police” or “Railway Police” and the name of the employing railroad inscribed thereon. The badge shall be worn in plain view when the police officer is in uniform. The police shall also carry, when on duty, an identification card issued by the employing railroad.
(Added 1981, No. 104, § 1.)
The compensation and cost of training, including minimum basic training, of railroad police shall be paid by the person or corporation upon whose petition they are appointed. The person or corporation shall be liable to parties aggrieved by the official misconduct of the railroad police to the same extent as they are for the torts of other agents and employees of the railroad. The State of Vermont shall not be liable for the acts or omissions of railroad police appointed under this subchapter.
(Added 1981, No. 104, § 1.)
In order to more effectively carry out the purposes of this subchapter, the Governor of this State, referred to as the empowering state, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, empowering railroad police, subject to any regulations prescribed under such agreement, with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense against the empowering or the reciprocal state, but only to the extent that the offense is committed on or against property owned, operated, or maintained by the employing or another railroad.
(Added 1981, No. 104, § 1.)
Upon termination of employment as a railroad police officer of any person commissioned pursuant to this subchapter, the person’s commission shall be automatically rescinded and his or her powers as a police officer shall terminate. Within 10 days after the termination, the employing railroad shall file a notice of the termination with the Commissioner of Public Safety and the Vermont Criminal Justice Council. The State of Vermont shall not be responsible for the supervision, discipline, or decision to terminate the employment of persons commissioned as railroad police officers under this subchapter.
(Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)
The selectboard of a town within which a public highway crosses or is crossed by a railroad, or the general manager or attorney of a railroad corporation whose road crosses or is crossed by a public highway, may bring their petition in writing to the Transportation Board alleging that public safety requires an alteration in the crossing, its approaches, the method of crossing, the location of the public highway, the elimination of the crossing, the closing of the public highway crossing and the substitution of another crossing not at grade, or the removal of obstructions to the sight at the crossing, and praying that the same may be ordered, or proceedings may be instituted by the Agency of Transportation or the Board of its own motion and without petition. The Board shall appoint a time and place for hearing the petition on notice of not less than 10 days to the petitioners, the railroad, the municipality in which the crossing is situated, the owners of the land adjoining the crossing, and adjoining that part of the highway to be changed in grade, and to the Attorney General, who shall, as the Attorney General or through the State’s Attorney of the county where the crossing is located, represent the interests of the State at the hearing. After notice and the hearing, the Board shall determine what alterations, changes, or removals, if any, shall be made and by whom.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 63; 2021, No. 105 (Adj. Sess.), § 43, eff. July 1, 2022.)
The Board shall direct that the expense of any alterations, changes, or removals referred to in sections 3783 and 3785 of this title, including the damages to any person whose land is taken, and the special damages that the owner of land adjoining the public highway shall sustain by reason of any change in the grade of the highway be paid in whole or in part by the State and the corporation owning or operating the railroad that crosses the public highway on the basis of benefits received by the public and the corporation respectively.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267, § 4, eff. Aug. 1, 1961; 1969, No. 76, § 9.)
When the Transportation Board, in the absence of any application, is of the opinion that the public safety requires an alteration in any highway crossed at grade by a railroad, or by railroads belonging to or operated by more than one corporation, or an alteration in lands or buildings on land adjoining or near the highway at or near such crossing in order to afford proper view from the approaches to the crossing, in each direction, of the track or tracks of the railroad or railroads, after hearing had on notice of not less than 10 days to the corporation or corporations owning or operating the railroad or railroads, to the selectboard of the town within which the highway is situated, to the owners of the land adjoining the crossing and the owners of the land or buildings on the adjoining land, or near such highway as may be required for or materially affected by a proposed alteration, and to the Attorney General, who, as the Attorney General or through the State’s Attorney of the county in which the crossing is located shall represent the interests of the State, it may order alterations in the highway, and the removal of obstructions to the view in each direction of the tracks of the railroads, as it deems best, and shall determine and direct by whom, at whose expense and within what time alterations and removals shall be made.
(Amended 1959, No. 329 (Adj. Sess.), 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 64; 2021, No. 105 (Adj. Sess.), § 44, eff. July 1, 2022.)
When, upon an application or petition brought under the provisions of section 3783 of this title, the Board finds that a public highway crosses or is crossed by the tracks of more than one railroad and the tracks of such railroads are so near together that public convenience requires the work of separating the grades to be done under and in compliance with one order, it shall give notice to all the corporations operating such railroads to appear before it and be heard upon the application. After such notice and hearing, the Board shall determine what alterations shall be made, if any, so as to separate the grades of all such crossings at the same time and shall determine by whom such work shall be done and shall apportion the expense to be borne by the railroad corporations between such corporations in such manner as the Board deems just and proper.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
When a railroad corporation, a town, or any other party is ordered to do the requisite work in the alteration, changes, or removals at a railroad-highway crossing, or on lands or obstructions to the view near such crossing and it is necessary to take land to carry out such order, the party ordered to do the work shall cause such land to be surveyed and furnish a copy thereof to the owner of such land or his or her agent. Whereupon, in case the owner of such land and the parties ordered to do the work cannot agree on the price of the land and the damage to the owners resulting from such taking, either party in interest may make written application to the Board. After hearing had, on notice of not less than 10 days to the same parties for whom notice is provided in section 3785 of this title, such Board shall first adjudge whether the taking of such land is necessary and, if so adjudged, shall appraise the same and award such damages for the taking thereof as are just.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
The order of the Board relating to any matter upon which it may act under the authority of this chapter shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on such petition was given. Any person aggrieved by such order, who was a party to such proceedings, may seek judicial review pursuant to 19 V.S.A. § 5(c).
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 65; 2021, No. 184 (Adj. Sess.), § 33, eff. July 1, 2022.)
The Transportation Board shall cause all orders made by it under the provisions of this chapter directing the alteration or relocation of a public highway to be recorded in the office of the town clerk where such public highway so altered or relocated is situated before such highway shall be opened for use by the public.
(Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 66.)
Notwithstanding the provisions of this chapter allocating certain costs to the State or permitting the Transportation Board to make such allocations, no claim for reimbursement of the State’s share of any work may be asserted against the State unless the Secretary of Transportation, prior to commencement of the work for which reimbursement is sought, certified in writing that appropriated funds were available to pay the State’s share.
(Added 1989, No. 246 (Adj. Sess.), § 29.)
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