Vermont Code § 19 V.S.A. § 37

§ 37. Impoundments of water created by beaver
(a) Transportation Board jurisdiction. On petition of the Agency of Transportation, the legislative body of an affected municipality,
or the owner or operator of an affected railroad or sponsor of an affected public
airport, or on its own motion, the Transportation Board may, after notice and hearing
under 3 V.S.A. chapter 25, issue an order requiring the removal or abatement of an
impoundment of water created by beaver that threatens to substantially damage or submerge
a highway, railroad, or public airport. Notice shall be given to the owner or owners
of affected land, the legislative body of the affected municipality, and the Secretary
of the Agency of Natural Resources. If the Board determines that an impoundment of
water created by beaver threatens to substantially damage or submerge a highway, railroad,
or public airport, its order shall direct that the impoundment be abated, with as
minimal impact on affected land and natural resources as possible, or if necessary,
removed. Persons taking action pursuant to an order of the Board under this subsection
shall be exempted from the requirements of 10 V.S.A. § 905(7).
(b) Superior Court jurisdiction. The Transportation Board, the Agency of Transportation, the legislative body of an
affected municipality, the owner or operator of an affected railroad or the sponsor
of an affected public airport may petition a Superior judge for an emergency order
for the removal or abatement of an impoundment of water created by beaver that presents
an imminent threat to public safety by substantially damaging or submerging a highway,
railroad or public airport. Rule 65 of the Vermont Rules of Civil Procedure shall
apply to proceedings under this section. In addition to notice required under Rule
65, notice shall be given to the affected municipality and to the Secretary of the
Agency of Natural Resources.

‹ Prev All Vermont sections Next ›

Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.