Terms Used In Vermont Statutes Title 19 Sec. 1708

  • Agency: means the Agency of Transportation. See
  • Board: means the Transportation Board. See
  • highway: includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. See
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • road: shall include bridges thereon and their approaches. See
  • Secretary: means the head of the Agency who shall be a member of the Governor's Cabinet responsible directly to the Governor for the administration of the Agency. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Town: includes incorporated villages and cities. See

§ 1708. New and existing facilities; grade crossing eliminations

(a) The Agency, with approval of the Governor, may designate and establish new facilities, or existing highways, as included within a limited access facility. The Agency, with approval of the Governor, may eliminate intersections at grade of limited access facilities with existing State and town highways, by grade separation or service road, or by closing off those highways at the right-of-way boundary line of the limited access facility.

(b) After the establishment of any limited access facility, no highway that is not part of the facility shall intersect it at grade. No highway or other public way may be opened into or connected with any limited access facility without prior written consent and approval of the Board. Its approval and consent shall be given only if the Board, after conducting a public hearing and giving due consideration to the technical recommendations of the Agency, finds that the public interest will be served. Notice of the date, time, and place of the public hearing shall be given to the Secretary of Transportation, the legislative body of the municipality, the municipal planning commission, the regional planning commission, and the Agency of Natural Resources and shall be published in a newspaper having general circulation in the municipality in which the limited access facility lies. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 17; 1997, No. 144 (Adj. Sess.), § 25.)