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Maintaining Town Roads from Winter Snow to Spring Mud

March 13, 2025

March can bring both snow and mud to town roads. VLCT has several resources to help with maintenance during this transitional time.  
 

Which Town Roads Must Be Plowed? 

Whether a town road must be plowed depends upon its classification. A town must keep its class 1 highways “in good and sufficient repair during all seasons of the year.” 19 V.S.A. § 310(a). Accordingly, class 1 highways must be plowed and maintained through the winter. 

On the other hand, a town may maintain its class 4 highways “to the extent required by the necessity of the town [or] the public good and the convenience of the inhabitants of the town.” 19 V.S.A. § 310(b). As such, a selectboard may decide which, if any, of the town’s class 4 roads will be plowed during the winter. We recommend adopting a class 4 road policy that lists which, if any, class 4 roads will be plowed in the winter. See our Model Class 4 Highway Policy. 

When it comes to the town’s class 2 and class 3 highways, the selectboard has some discretion over whether to provide winter maintenance in some cases. However, exercising this discretion must be based upon “safety considerations for the traveling public and municipal employees.” 19 V.S.A. §§ 302(a)(3)(B), 310(a). The process for making this decision is prescribed by state law, which we explain in detail in our Limiting Winter Town Highway Maintenance resource. 
 

When Can We Limit the Use of Town Roads Due to Mud or Other Reasons? 

Vermont law allows selectboards to restrict the use of a town highway or even close that highway for a period when necessity demands. Selectboards frequently use this authority to prevent damage that might otherwise occur during mud season. This authority is not seasonal, however; the selectboard may restrict or close a highway at any time when conditions are such that the traveling public, or the highway itself, might suffer harm caused by vehicles. 

See our Restricting Use of Town Highways resource for more information. 

VSC Zoning Decisions: Highlights of Three Recent Cases

January 06, 2025

The Vermont Supreme Court (VSC or the Court) has recently issued three rulings on land use related cases that reaffirm our understanding of best practices to ensure enforceable local permitting decisions. One has been sent back (remanded) to a lower court, and we will keep you updated on how it’s resolved. For now, here are the takeaways: 

  • Zoning bylaws must be clear and specific to accomplish the town’s intent. Any lack of clarity will be resolved in favor of the owner/applicant. See this Williston case in which the Court allowed a dog kennel to operate as a home business with outdoor activities when the town tried – but failed – to craft the regulations in a way that would prohibit all outdoor activity for home businesses: In re Pederzani Administrative Appeal, 2024 VT 82, 24-AP-074. 
  • An evaluation of private property rights by the Environmental Division of Vermont Superior Court (Environmental Division) may be necessary to issue a subdivision permit where the applicant does not have frontage on a public road. In a very fact-dependent case, the Court determined that the Environmental Division must evaluate the existence of an easement or right of way when reviewing a subdivision permit based on the existence of a permanent easement or right of way. Contrasting this case with others where the Environmental Division does not have jurisdiction over deciding private property rights, the Court explained that the Environmental Division has jurisdiction to decide questions of private property rights where the existence of an easement is the very question before them. The Court sent the case back to the Environmental Division to decide the question of whether the applicant has a legally binding easement or right of way as required for the subdivision of property. See In re Ranney Dairy Farm, LLC Major Subdivision Appeal-Westminster DRB Permit No. 21-70, 2024 VT 66, No. 24-AP-009.  
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