§ 301.
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/vt/title-19/chapter-3/301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 301. Definitions
As used in this chapter:
(1)“Discontinued highway” means a previously designated class 1, 2, 3, or 4 town highway as to which, through the process of discontinuance, all rights have been reconveyed to the adjoining landowners.
[Subdivision
(2)effective until April 1, 2026; see also subdivision
(2)effective April 1, 2026 set out below.]
(2)“Legislative body” includes boards of selectmen, aldermen, and village trustees.
[Subdivision
(2)effective April 1, 2026; see also subdivision
(2)effective until April 1, 2026 set out above.]
(2)“Legislative body” means a legislative body as defined in 24 V.S.A. § 2001.
[Subdivision
(3)effective until April 1, 2026; see also subdivision
(3)effective April 1, 2026 set out below.]
(3)“Selectmen” includes village trustees and aldermen.
[Subdivision
(3)effective April 1, 2026; see also subdivision
(3)effective until April 1, 2026 set out above.]
(3)“Selectboard” means a selectboard as defined in 24 V.S.A. § 2001.
(4)“Pent road” is any town highway that, by written allowance of the selectmen, is enclosed and occupied by the adjoining landowner with unlocked stiles, gates, and bars in such places as the selectmen designate.
(5)“Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.
(6)“Town” includes incorporated villages and cities.
(7)“Town highways” are class 1, 2, 3, and 4 highways:
(A)that the towns have authority to exclusively or cooperatively maintain; or
(B)that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.
[Subdivision
(8)effective until April 1, 2026; see also subdivision
(8)effective April 1, 2026 set out below.]
(8)“Trail” means a public right-of-way that is not a highway and that:
(A)previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or
(B)a new public right-of-way laid out as a trail by the selectmen for the purpose of providing access to abutting properties or for recreational use. Nothing in this section shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of selectmen to reasonably regulate the uses of recreational trails.
[Subdivision
(8)effective April 1, 2026; see also subdivision
(8)effective until April 1, 2026 set out above.]
(8)(A) “Trail” means a public right-of-way that is not a highway and that:
(i)municipalities have the authority to exclusively or cooperatively maintain pursuant to the provisions of this chapter; and
(ii)(I) previously was a designated town highway having the same width as the designated town highway, or a lesser width if so designated; or
(II)a new public right-of-way laid out as a trail by the legislative body for the purpose of providing access to abutting properties or for recreational use.
(B)Nothing in this subdivision
(8)shall be deemed to independently authorize the condemnation of land for recreational purposes or to affect the authority of legislative bodies to reasonably regulate the uses of recreational trails. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 47, § 1; 2009, No. 50, § 89; 2025, No. 66, § 45, eff. April 1, 2026.)