Vermont § 302 - Classification of town highways

§ 302. Classification of town highways

• (a) For the purposes of this section and receiving State aid, all town highways shall
  be categorized into one or another of the following classes: (1) Class 1 town highways are those town highways that form the extension of a State highway
  route and that carry a State highway route number. The Agency shall determine which
  highways are to be class 1 highways. [Subdivision (a)(2) effective until April 1, 2026; see also subdivision (a)(2) effective
  April 1, 2026 set out below.] (2) Class 2 town highways are those town highways selected as the most important highways
  in each town. As far as practicable, they shall be selected with the purposes of securing
  trunk lines of improved highways from town to town and to places that by their nature
  have more than normal amount of traffic. The selectmen, with the approval of the Agency,
  shall determine which highways are to be class 2 highways. [Subdivision (a)(2) effective April 1, 2026; see also subdivision (a)(2) effective
  until April 1, 2026 set out above.] (2) Class 2 town highways are those town highways selected as the most important highways
  in each town. As far as practicable, they shall be selected with the purposes of securing
  trunk lines of improved highways from town to town and to places that by their nature
  have more than normal amount of traffic. The legislative body, with the approval of
  the Agency, shall determine which highways are to be class 2 highways. (3) Class 3 town highways: [Subdivision (a)(3)(A) effective until April 1, 2026; see also subdivision (a)(3)(A)
  effective April 1, 2026 set out below.] (A) Class 3 town highways are all traveled town highways other than class 1 or 2 highways.
  The selectmen, after conference with a representative of the Agency, shall determine
  which highways are class 3 town highways. [Subdivision (a)(3)(A) effective April 1, 2026; see also subdivision (a)(3)(A) effective
  until April 1, 2026 set out above.] (A) Class 3 town highways are all traveled town highways other than class 1 or 2 highways.
  The legislative body, after conference with a representative of the Agency, shall
  determine which highways are class 3 town highways. (B) The minimum standards for class 3 highways are a highway negotiable under normal conditions
  all seasons of the year by a standard manufactured pleasure car. This would include
  sufficient surface and base, adequate drainage, and sufficient width capable to provide
  winter maintenance, except that based on safety considerations for the traveling public
  and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 3 highway, or section of highway, should
  be plowed and made negotiable during the winter. However, a property owner aggrieved
  by a decision of the selectboard may appeal to the Transportation Board pursuant to
  subdivision 5(d)(9) of this title. (C) A highway not meeting these standards may be reclassified as a provisional class 3
  highway if within five years of the determination it will meet all class 3 highway
  standards. (4) Class 4 town highways are all town highways that are not class 1, 2, or 3 town highways
  or unidentified corridors. The selectboard shall determine which highways are class
  4 town highways. [Subdivision (a)(5) effective until April 1, 2026; see also subdivision (a)(5) effective
  April 1, 2026 set out below.] (5) Trails shall not be considered highways and the town shall not be responsible for
  any maintenance, including culverts and bridges. [Subdivision (a)(5) effective April 1, 2026; see also subdivision (a)(5) effective
  until April 1, 2026 set out above.] (5) Trails shall not be considered highways. A municipality shall have the authority to
  maintain trails but shall not be responsible for any maintenance, including culverts
  and bridges. (6) Unidentified corridors. (A) Unidentified corridors are town highways that: (i) have been laid out as highways by proper authority through the process provided by
  law at the time they were created or by dedication and acceptance; and (ii) do not, as of July 1, 2010, appear on the town highway map prepared pursuant to section 305 of this title; and (iii) are not otherwise clearly observable by physical evidence of their use as a highway
  or trail; and (iv) are not legal trails. (B) If the conditions in subdivisions (A)(i) and (A)(ii) of this subdivision (6) are met,
  the legislative body of a municipality or its appointee may, after providing 14 days’
  advance written notice to the owners of the land upon which the unidentified corridor
  is located, enter private property to determine whether clearly observable physical
  evidence exists. (C) Unidentified corridors shall be open to use by the public, but only in the same manner
  as they were used during the 10 years prior to January 1, 2006. (D) A municipality shall not be responsible for maintenance of an unidentified corridor. (E) Neither the municipality nor any person owning a legal interest in land through which
  an unidentified corridor may pass or abut shall have a duty of care to persons using
  the corridor. (F) An unidentified corridor shall not be deemed to be a subdivision with respect to zoning,
  tax, and septic issues. (G) After July 1, 2015, an unidentified corridor shall be discontinued, and the right-of-way
  shall belong to the owner of the adjoining land. If the right-of-way is located between
  the lands of two different owners, it shall be returned to the lots to which it originally
  belonged, if they can be determined; if not, it shall be equally divided between the
  owners of the lands on each side. (H) An unidentified corridor shall not create a subdivision with respect to zoning, tax,
  and septic issues. If the unidentified corridor is reclassified as a class 1, 2, 3,
  or 4 highway or as a trail, the then- highway or trail shall be recognized as any
  other highway or trail for the purpose of creating a subdivision with respect to zoning,
  tax, and septic issues. (7) Reclassification of unidentified corridors. On or by July 1, 2015 and pursuant to
  chapter 7, subchapter 2 of this title, an unidentified corridor may be reclassified
  as a class 1, 2, 3, or 4 highway or as a trail. (b) The Agency may require any municipality that fails to comply with the class 3 provisional
  commitments to return all State aid generated by the section or sections of highways
  involved. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 10; 1993, No. 172 (Adj. Sess.), § 19; 1999, No. 156 (Adj. Sess.), § 27, eff. May 29, 2000; 2005, No. 178 (Adj. Sess.), § 1; 2007, No. 158 (Adj. Sess.), § 2; 2025, No. 66, § 45, eff. April 1, 2026.)