Vermont S 4: An act relating to amending the charge of the Advisory Council on Child Poverty and Strengthening Families

Bill Text

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VT LEG #379228 v.1
S.4 1
Introduced by Senators Clarkson, Gulick, Hardy, Perchlik, Watson, Weeks 2
and White 3
Referred to Committee on 4
Date: 5
Subject: Transportation; highways; legal trails; municipal authority 6
Statement of purpose of bill as introduced: This bill proposes to specify that 7
municipalities have discretionary authority to maintain legal trails. This bill 8
also proposes to grant municipal legislative bodies the authority to adopt 9
ordinances that regulate the use of legal trails. 10
An act relating to maintenance and use of legal trails 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 19 V.S.A. chapter 3 is amended to read: 13
CHAPTER 3. TOWN HIGHWAYS 14
§ 301. DEFINITIONS 15
As used in this chapter: 16
* * * 17
(2) “Legislative body” includes boards of selectmen, aldermen, and 18
village trustees means a “legislative body” as defined in 24 V.S.A. § 2001. 19

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VT LEG #379228 v.1
(3) “Selectmen” includes village trustees and aldermen “Selectboard” 1
means a “selectboard” as defined in 24 V.S.A. § 2001. 2
* * * 3
(8) “Trail” means a public right-of-way that is not a highway and that: 4
(A) municipalities have the authority to exclusively or cooperatively 5
maintain; 6
(B) previously was a designated town highway having the same 7
width as the designated town highway, or a lesser width if so designated; or 8
(B)(C) a new public right-of-way laid out as a trail by the selectmen 9
legislative body for the purpose of providing access to abutting properties or 10
for recreational use. Nothing in this section shall be deemed to independently 11
authorize the condemnation of land for recreational purposes or to affect the 12
authority of selectmen legislative bodies to reasonably regulate the uses of 13
recreational trails. 14
§ 302. CLASSIFICATION OF TOWN HIGHWAYS 15
(a) For the purposes of this section and receiving State aid, all town 16
highways shall be categorized into one or another of the following classes: 17
* * * 18
(2) Class 2 town highways are those town highways selected as the most 19
important highways in each town. As far as practicable, they shall be selected 20
with the purposes of securing trunk lines of improved highways from town to 21

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VT LEG #379228 v.1
town and to places that by their nature have more than normal amount of 1
traffic. The selectmen legislative body, with the approval of the Agency, shall 2
determine which highways are to be class 2 highways. 3
(3) Class 3 town highways: 4
(A) Class 3 town highways are all traveled town highways other than 5
class 1 or 2 highways. The selectmen legislative body, after conference with a 6
representative of the Agency, shall determine which highways are class 3 town 7
highways. 8
* * * 9
(5) Trails shall not be considered highways and the town. A 10
municipality shall have the authority to maintain trails but shall not be 11
responsible for any maintenance, including culverts and bridges. 12
* * * 13
§ 303. TOWN HIGHWAY CONTROL 14
Town highways shall be under the general supervision and control of the 15
selectmen legislative body of the town where the roads are located. Selectmen 16
The legislative body of a town shall supervise all expenditures. 17
§ 304. DUTIES OF SELECTBOARD 18
(a) It shall be the duty and responsibility of the selectboard of the town to, 19
or acting as a board, it shall have the authority to: 20
* * * 21

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(16) Unless the town electorate votes otherwise, under the provisions of 1
17 V.S.A. § 2646, appoint a road commissioner, or remove him or her the road 2
commissioner from office, pursuant to 17 V.S.A. § 2651. Road 3
commissioners, elected or appointed, shall have only the powers and authority 4
regarding highways granted to them by the selectboard. 5
* * * 6
(24) Maintain trails, but shall not be required to maintain trails and shall 7
not owe a duty of care to persons using a trail that is maintained by the town. 8
* * * 9
Sec. 2. 24 V.S.A. § 2291 is amended to read: 10
§ 2291. ENUMERATION OF POWERS 11
For the purpose of promoting the public health, safety, welfare, and 12
convenience, a town, city, or incorporated village shall have the following 13
powers: 14
* * * 15
(31) Regulate by means of an ordinance the use of legal trails under 16
19 V.S.A. chapter 3, including the regulation of the types of vehicles that may 17
be used on legal trails. 18
Sec. 3. EFFECTIVE DATE 19
This act shall take effect on July 1, 2025. 20