§ 1703. Authority to establish limited access facilities

(a) The Agency, with the approval of the Governor, and when appropriate in cooperation with any federal, State, provincial, or local agency, or any other state or province having authority to participate in the construction and maintenance of highways, may plan, designate, establish, vacate, alter, improve, maintain, and provide limited access facilities for public use wherever the Agency, with the approval of the Governor, decides that the protection of existing businesses or traffic conditions, present or future, will justify the special facilities. To the extent not preempted by the Traffic Committee‘s exercise of authority under 23 V.S.A. § 1004, the Agency may regulate limited access facilities. However, within cities and villages the Agency’s authority under this section shall be subject to such municipal consent as may be provided by law. Town highways may be designated as limited access using this title after approval of the selectboard.

(b) The Agency and the Board shall have, relative to limited access facilities, the same authority as they may at any time have relative to other highways within their jurisdiction.

(c) The Agency, with the approval of the Governor, may also make reasonable rules consistent with this title for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances, called “public utility equipment,” of any public utility within any limited access facility.

(d) Whenever the Agency determines that it is necessary that any public utility equipment located within any limited access facility should be relocated in the limited access facility or removed from the facility, the public utility owning or operating the equipment shall relocate or remove it in accordance with the order of the Agency. The cost and expenses of the relocation or removal, including the cost of installing reused or new equipment in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish the relocation or removal, shall be determined by the Agency and paid as part of the cost of the limited access facility. The public utility may appeal the Agency’s cost determination to the Board. The public utility owning or operating equipment that has been relocated or removed, or its successors or assigns, may maintain and operate the equipment, with the necessary appurtenances, in the new location or new locations, for as long a period and upon the same terms and conditions, as it had the right to maintain and operate the equipment in its former location. No utility may establish its lines or properties within the right-of-way of a limited access facility, except upon the conditions and terms prescribed by the Agency. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 16; 1995, No. 183 (Adj. Sess.), § 18f, eff. May 22, 1996.)