CHAPTER 1. OPERATION OF VESSELS

Subchapter 1. Careless or Negligent Operation Generally

§§ 1-3. Repealed. 1959, No. 263, § 17, eff. Jan. 1, 1960.

History

Former §§ 1-3. Former § 1, relating to prohibitions, was derived from 1951, No. 173 , § 1. The subject matter is now covered by 23 V.S.A § 3311.

Former § 2, relating to penalties for violations, was derived from 1951, No. 173 , § 2. The subject matter is now covered by 23 V.S.A. § 3317.

Former § 3, relating to penalty where death results, was derived from 1951, No. 73 , § 3.

Subchapter 2. Motorboat Operation

§§ 41-45. Repealed. 1959, No. 263, § 17, eff. Jan. 1, 1960.

History

Former §§ 41-45. Former § 41, relating to careless and negligent operation of motorboats, was derived from 1957, No. 127 , § 3; V.S. 1947, § 7671; 1947, No. 153 , § 2; P.L. § 8329; 1931, No. 163 , § 4.

Former § 42, relating to mufflers, was derived from 1957, No. 127 , § 1; V.S. 1947, § 7669; P.L. § 8327; 1931, No. 163 , § 1.

Former § 43, relating to speed restrictions, was derived from 1957, No. 127 , §§ 2, 4; V.S. 1947, §§ 7670, 7672; 1947, No. 153 , § 1; P.L. §§ 8328, 8330; 1931, No. 163 , §§ 2, 3.

Former § 44, relating to restricted swimming areas, was derived from 1957, No. 127 , § 7; 1951, No. 166 , §§ 1, 2.

Former § 45, relating to penalties, was derived from 1957, No. 127 , § 5; 1951, No. 174 , § 1; 1949, No. 193 ; V.S. 1947, § 7673; P.L. § 8331; 1933, No. 163 , § 1.

The subject matter of former §§ 41-45 is now covered by 23 V.S.A. chapter 29, subchapter 2.

Subchapter 3. Lights on Vessels

§ 81. Repealed. 1959, No. 263, § 17, eff. Jan. 1, 1960.

History

Former § 81. Former § 81, relating to lights on boats generally, was derived from V.S. 1947, §§ 7665, 7666; P.L. §§ 8323, 8324; G.L. §§ 6780, 6781; P.S. §§ 5685, 5686; 1906, No. 180 , §§ 1, 2. The subject matter is now covered by 23 V.S.A. § 3306.

§ 82. Lake Champlain.

Steamboats, sloops, schooners, rafts, vessels, and other watercraft, navigating in the nighttime on Lake Champlain, within this State, or on a bay, harbor, river, or creek, the waters of which are common to such Lake, and when lying at anchor or at rest in the said waters shall carry and show such lights as are required by the applicable provisions of 33 U.S.C. §§ 172-180 and 46 U.S.C. § 526(b) , United States Code, as amended. If found without such lights, the captain, owner, master, or other person having charge, shall be fined not more than $50.00 nor less than $10.00.

History

Source. 1955, No. 143 . V.S. 1947, § 7667. P.L. § 8325. G.L. § 6782. 1917, No. 254 , § 6609. P.S. § 5687. V.S. § 4878. R.L. § 4082. G.S. § 105. R.S. § 92. 1835, No. 28 .

Reference in text. Title 33, sections 172 through 180 and Title 46, section 526(b) of the United States Code were repealed by the Inland Navigational Rules Act of 1980, Pub. L. No. 96-591, § 8(a). The subject matter of those sections is now covered by the Inland Navigational Rules, codified as 33 U.S.C. chapter 34.

Cross References

Cross references. Lights and equipment, see 23 V.S.A. § 3306.

§ 83. Repealed. 1959, No. 263, § 17, eff. Jan. 1, 1960.

History

Former § 83. Former § 83, relating to lights on vessels on Lake St. Catherine and Lake Bomoseen, was derived from V.S. 1947, § 7668; P.L. § 8326; G.L. § 6783; 1910, No. 230 .

CHAPTER 3. GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS

Sec.

§ 141. Public easement.

A public easement in a stream shall not be lost or abridged by prescription or adverse possession.

History

Source. V.S. 1947, § 5185. P.L. § 4914. G.L. § 4632. P.S. § 4046. V.S. § 3507. R.L. § 3126. 1869, No. 33 .

ANNOTATIONS

1. Easement in stream.

Under express provisions of this section, public easement in stream cannot be lost or abridged by prescription. Town of Bristol v. Palmer, 83 Vt. 54, 74 A. 332 (1909).

§§ 142-144. Repealed. 2011, No. 138 (Adj. Sess.), § 36, eff. May 14, 2012.

History

Former §§ 142-144. Former § 142, relating to the restoration of a river or stream to its former channel, was derived from V.S. 1947, § 5435, 5436; P.L. §§ 6478, 6479; G.L. §§ 4886, 4887; P.S. §§ 4239, 4240; V.S. §§ 3668, 3669. R.L. §§ 3246, 3247; 1870, No. 9 , §§ 1-3 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Former § 143, relating to removal of obstructions, was derived from 1953, No. 181 , § 1; V.S. 1947, § 5433; P.L. § 6476; G.L. § 4884; P.S. § 4237; V.S. § 3666; R.L. § 3244; 1870, No. 36 , §§ 1, 2.

Former § 144, relating to an order requiring removal by person causing obstruction, was derived from 1953, No. 181 , § 2; V.S. 1947, § 5433; P.L. § 6476; G.L. § 4884; P.S. § 4237; V.S. § 3666; R.L. § 3244; 1870, No. 36 , §§ 1, 2.

§ 145. Remedy of person aggrieved by action of the selectboard.

When a person considers himself or herself injured by the action of the selectboard, he or she may apply to the Superior Court of the county for relief.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974

History

Source. V.S. 1947, § 5434. P.L. § 6477. G.L. § 4885. P.S. § 4238. V.S. § 3667. R.L. § 3245. 1870, No. 36 , § 3.

2019. Substituted "selectboard" or "the selectboard" for "selectment" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note. - Substituted "county court" for "court of chancery" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d).

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" following "apply to the".

§ 146. Removal of trees and bushes from land prior to flowage.

  1. All land which may be flowed by damming, taking, storing, or diverting, or raising the level or increasing the area of the volume of the waters of any stream, river, lake, or pond, by a corporation or association existing under any charter or authority of the State, or holding or acquiring control of any stream, river, lake, or pond by virtue of any charter or authority of the State, shall, prior to such flowing, be cleared of all trees and bushes which shall be removed or burned, and shall be further cleared to the low water mark of such stream, pond, or reservoir, by cutting close to the ground all trees, bushes, and stumps.
  2. This section shall not be construed so as to prevent constructions and developments specifically authorized by a charter granted by the General Assembly, nor so as to prevent or interfere with such usage of the waters of any stream, river, lake, and pond, or such use of constructions and developments, as may be necessary for the proper enjoyment of rights and powers specifically authorized by such charter nor so as to prevent or interfere with the performance of any duties imposed by such charter.

History

Source. V.S. 1947, § 5426. P.L. § 6469. G.L. § 4891. 1912, No. 258 .

CHAPTER 5. FLOATING LUMBER

Subchapter 1. General Provisions

ANNOTATIONS

1. Action for damages.

Owner of mill dam which was injured by floating of timber over it was not deprived of maintaining an action on the case for the damage to the mill dam by reason of having a remedy under this subchapter. Coe v. Hall, 41 Vt. 325 (1868).

§ 201. Boom for logs.

When it becomes necessary for a person rightfully engaged in running logs down a river or stream in this State to anchor a boom for such logs on land bounding upon such river or stream, and he or she is unable to agree with the owner or occupant of such land with reference thereto, such person may call upon the selectboard of the town wherein such land lies to act in the premises, by giving at least 48 hours' notice in writing thereof to such owner or occupant. Thereupon the selectboard shall investigate and decide as to the necessity and location of such boom, the time during which it shall remain, and the amount of damage, if any. The decision of the selectboard shall be in writing and be final. When such person has paid or tendered to the selectboard his or her fees in the matter and to the owner or occupant of such land the damages awarded, the boom may be anchored in accordance with the findings of the selectmen.

History

Source. V.S. 1947, § 5424. P.L. § 6467. G.L. § 4892. P.S. § 4244. 1902, No. 66 , § 1.

2019. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

§ 202. Retention of lodged lumber for damages.

When lumber, such as spars, masts, square timber, logs, or sawed lumber, put into a stream in or adjoining the State, and lodged upon lands adjoining the same, or dams crossing such streams, in this State, is not taken away by the owner on or before May 1, annually, the owner of the lands or dams may detain in his or her possession such lumber, until the owner thereof pays the damages sustained by reason of its lying upon such lands or dams.

History

Source. V.S. 1947, § 5419. P.L. § 6462. G.L. § 4872. P.S. § 4231. V.S. § 3660. R.L. § 3239. G.S. 101, § 1. 1948, No. 24 , § 1. 1840, No. 65 , § 1. 1801, p. 28, 33. 1800, p. 25, R. 1797, p. 191, § 8. R. 1787, p. 155.

§ 203. Removal of lumber.

When such lumber is not removed by the owner on or before November 1, annually, the owner of the lands or dams may take and convert it to his or her own use. The owner of the lumber, by paying the damages and costs, may remove the same from the lands or dams between November 1 and May 1 following.

History

Source. V.S. 1947, § 5421. P.L. § 6464. P.S. § 4233. V.S. § 3662. R.L. § 3240. G.S. 101, § 2. 1849, No. 24 , § 2. 1840, No. 65 , § 2. 1801, p. 28, 33. 1800, p. 25. R. 1797, p. 191, § 8. R. 1787, p. 155.

§ 204. Advertisement.

The lumber shall not be forfeited unless the owner of lands or dams upon which such lumber is lodged shall advertise the same at a public place in the town where the lumber is lodged, giving in the advertisement a description of the lumber, the owner's marks, if any, and also cause the advertisement to be recorded in the town clerk's office, in the month of September, in the same year.

History

Source. V.S. 1947, § 5422. P.L. § 6465. G.L. § 4875. P.S. § 4234. V.S. § 3663. R.L. § 3241. G.S. 101, § 3. 1849, No. 24 , § 3. 1801, p. 31. R. 1797, p. 191, § 8. R. 1787, p. 155.

§ 205. Fees.

The person advertising the lumber shall be entitled to receive $0.34 for the copy of the advertisement left with the town clerk, and $0.06 a mile travel to advertise the same. Such fees shall be paid by the owner of the lumber at the time the damage is paid to the owner of the land or dam, when the lumber does not become forfeited. When the lumber is forfeited, the fees shall be paid by the party advertising.

Amended 1971, No. 84 , § 13.

History

Source. V.S. 1947, § 5423. P.L. § 6466. G.L. § 4876. P.S. § 4235. V.S. § 3664. R.L. § 3242. G.S. 101, § 4. 1849, No. 24 . 1801, p. 31.

Amendments--1971. Deleted the former second sentence.

§ 206. Adjustment of damages.

When the owner of such lumber and the owner of the lands or dams do not agree upon the damages, the selectboard of the town where the lands or dams are situated, not being interested therein, shall adjust the same. If such selectboard members are interested, a superior judge not interested, shall adjust the damages. Such adjudication shall be final between the parties.

Amended 1973, No. 249 (Adj. Sess.), § 82, eff. April 9, 1974.

History

Source. V.S. 1947, § 5420. P.L. § 6463. G.L. § 4873. P.S. § 4232. V.S. § 3661. R.L. § 3239. G.S. 101, § 1. 1849, No. 24 , § 1. 1840, No. 65 , § 1. 1801, p. 28, 33. 1800, p. 25. R. 1797, p. 191, § 8. R. 1787, p. 155.

2019. Substituted "selectboard" and "selectboard members" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72 and "superior judge" for "district judge" in accordance with 2009, No. 154 (Adj. Sess.) § 236.

Amendments--1973 (Adj. Sess.). Substituted "a district judge" for "three justices in the county" preceding "not interested" in the second sentence.

§ 207. Treble damages for stopping or conversion of floating lumber.

When a person stops masts, spars, square timber, logs, or sawed lumber and confines it in a place in this State, so as to prevent it from floating down a stream in or adjoining this State, such lumber being marked with the owner's name or mark, or destroys, makes use of, or disposes of the same, except such as becomes forfeit, he or she shall be liable to the owner for three times the value of the lumber, if it is found on trial that the same was done in bad faith, otherwise the judgment shall be for the actual damages.

History

Source. V.S. 1947, § 5425. P.L. § 6468. G.L. § 4877. P.S. § 4236. V.S. § 3665. R.L. § 3243. G.S. 101, § 5. 1849, No. 24 , § 5. 1840, No. 65 , § 3. 1801, p. 33. R. 1797, p. 187, § 1. R. 1787, p. 155.

Cross References

Cross references. Registration of marks, see §§ 2011-2014 of Title 9.

Treble damages and penalty for defacing marks on logs, see § 3606 of Title 13.

Subchapter 2. Assessment of Damages Caused by Floating Lumber

§ 241. Application of provisions.

This subchapter shall apply to every person, partnership, unincorporated association, or corporation that shall drive or float lumber in any stream. The use of any such stream for such purpose shall constitute an election on the part of such person, partnership, unincorporated association, or corporation to be subject to the provisions of this subchapter and to be bound thereby. This subchapter shall apply to every owner of the land adjoining any stream so used for the purpose of driving or floating lumber, unless, within 60 days after an alleged injury, the owner notifies, in writing, the Public Utility Commission that the provisions of this subchapter are not intended to apply.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 5427. 1947, No. 202 , § 5526. P.L. § 6470. G.L. § 4878. 1915, No. 140 , § 1.

2017. In the last sentence, substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--1959 (Adj. Sess.). Substituted "public service board" for "public service commission" following "in writing, the" in the third sentence.

§ 242. Petition to Public Utility Commission.

When damage is done to such owner by such lumber in the driving or floating of the same and such owner and the owner of the lumber do not agree upon the damages, either party may prefer a petition to the Public Utility Commission setting forth the injury alleged to be sustained and praying for the redress provided for by this subchapter.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 5428. P.L. § 6471. G.L. § 4879. 1915, No. 140 , § 2.

2017. In the section heading and in text of the section, substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--1959 (Adj. Sess.). Substituted "public service board" for "public service commission" preceding "setting forth".

§ 243. Notice and hearing; decision.

Upon due notice to all parties in interest, the Public Utility Commission shall hear and determine the cause of such injury to the land or other property adjoining such stream. When the Commission determines that such injury was caused by the driving or floating of lumber, it shall fix the compensation to be paid therefor, including expense for witnesses and a reasonable attorney fee, and render decision accordingly, which decision shall be final and a bar to any other action brought for such damages.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 5429. P.L. § 6472. G.L. § 4880. 1915, No. 140 , § 3.

2017. In the first sentence, substituted "Public Utility Commission" for "Public Service Board" and in the second sentence, substituted "Commission" for "Board", in accordance with 2017, No. 53 , § 12.

Amendments--1959 (Adj. Sess.). Substituted "public service board" for "public service commission" preceding "shall hear" in the first sentence and "board" for "commission" preceding "determines" in the second sentence.

§ 244. Judgment on decision.

A party in interest may file in the Superior Court for the county in which the inquiry was held a certified copy of the decision of the Commission awarding compensation, whereupon such court shall render judgment in accordance therewith and notify the parties thereof. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though such judgment had been rendered in an action duly heard and determined by such court, and there shall be no appeal therefrom.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 5430. P.L. § 6473. G.L. § 4881. 1915, No. 140 , § 4.

2017. In the first sentence, substituted "Commission" for "Board" in accordance with 2017, No. 53 , § 12.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court" following "file in the" in the first sentence.

Amendments--1959 (Adj. Sess.). Substituted "board" for "commission" preceding "awarding" in the first sentence.

§ 245. Bond of foreign corporation.

A foreign corporation, before driving or floating any logs, lumber, or other timber in any stream in this State, shall file in the Office of the Secretary of State for the benefit of the owners of land adjoining any stream used by such corporation, a good and sufficient bond to be approved by the Secretary and in such sum as he or she directs. Such bond shall be given to the Secretary as trustee of the corporation, for each and all of the riparian owners, and shall be conditioned for the payment of all damages and compensation awarded by the Commission and any judgment rendered by any court from which an appeal has not been taken. Upon breach of the condition of such bond, the Secretary, upon application by a riparian owner whose award by the Commission or judgment remains unpaid for more than 30 days, shall institute proceedings thereon in his or her name as trustee for the benefit of all landowners to whom such corporation may be indebted, as hereinbefore provided, at the time such proceedings shall be instituted.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

History

Source. V.S. 1947, § 5431. P.L. § 6474. G.L. § 4882. 1915, No. 140 , § 5.

2017. In the second and third sentences, substituted "Commission" for "Board" in accordance with 2017, No. 53 , § 12.

Amendments--1959 (Adj. Sess.). Substituted "board" for "commission" following "awarded by the" in the second sentence and following "award by the" in the third sentence.

§ 246. Penalties for noncompliance.

A corporation that neglects or refuses to comply with a provision of section 245 of this title shall be fined not more than $100.00 nor less than $10.00, with costs, for each day's neglect or refusal.

History

Source. V.S. 1947, § 5432. P.L. § 6475. G.L. § 4883. 1915, No. 140 , § 6.

Revision note. Substituted "section 245 of this title" for "the preceding section" for purposes of clarity.

CHAPTER 7. MOTORBOATS

Sec.

§§ 301-322. Repealed. 1983, No. 212 (Adj. Sess.), § 7.

History

Former §§ 301-322. Former § 301, relating to policy, was derived from 1959, No. 263 , § 1.

Former § 302, relating to definitions, was derived from 1959, No. 263 , § 2, and amended by 1961, No. 280 , § 1; 1963, No. 5 , § 2; 1971, No. 157 (Adj. Sess.), § 1.

Former § 303, relating to prohibiting unnumbered motor boats, was derived from 1959, No. 263 , § 3.

Former § 304, relating to classification, was derived from 1959, No. 263 , § 4.

Former § 305, relating to fees, was derived from 1959, No. 263 , § 5, and amended by 1961, No. 280 , § 2.

Former § 306, relating to lights and equipment, was derived from 1959, No. 263 , § 6, and amended by 1961, No. 280 , § 3; 1963, No. 5 , § 1; 1971, No. 157 (Adj. Sess.), § 2.

Former § 307, relating to exemptions from numbering provisions, was derived from 1959, No. 263 , § 7, and amended by 1961, No. 280 , § 4; 1963, No. 100 .

Former § 308, relating to boat liveries, was derived from 1959, No. 263 , § 8.

Former § 309, relating to muffling devices, was derived from 1959, No. 263 , § 9.

Former § 310, relating to designation of swimming areas, was derived from 1965, No. 209 .

Former § 311, relating to prohibited acts, was derived from 1959, No. 263 , § 10, and amended by 1961, No. 280 , § 6; 1963, No. 186 .

Former § 312, relating to operations rules as between boats, was derived from 1961, No. 280 , § 5.

Former § 313, relating to collisions, accidents, and casualties, was derived from 1959, No. 263 , § 11, and amended by 1961, No. 280 , § 7.

Former § 314, relating to transmittal of information, was derived from 1959, No. 263 , § 12, and amended by 1961, No. 280 , § 8.

Former § 315, relating to water skis and surfboards, was derived from 1959, No. 263 , § 13, and amended by 1961, No. 280 , § 9.

Former § 316, relating to regattas, races, marine parades, tournaments or exhibitions, was derived from 1959, No. 263 , § 14, and amended by 1961, No. 280 , § 10.

Former § 317, relating to penalties, was derived from 1959, No. 263 , § 15, and amended by 1961, No. 280 , §§ 11, 12; 1983, No. 50 .

Former § 318, relating to administration and enforcement, was derived from 1959, No. 263 , § 16, and amended by 1961, No. 280 , § 13; 1967, No. 33 ; 1977, No. 207 (Adj. Sess.), § 1.

Former § 319, relating to appropriations, was derived from 1959, No. 263 , § 8, and amended by 1961, No. 280 , § 14.

Former § 320, relating to the prohibition of motor boats on Dufresne Dam, was derived from 1961, No. 57 , §§ 1-3, and amended by 1983, No. 158 (Adj. Sess.).

Former § 321, relating to the prohibition of motor boats on South Pond, was derived from 1961, No. 144 , §§ 1-3, and amended by 1983, No. 158 (Adj. Sess.).

Former § 322, relating to proof of sales and use tax payment or exemption prior to issuance of licenses, permits or registrations for motorboat operation, was derived from 1975, No. 243 (Adj. Sess.), § 9.

The subject matter of former §§ 301-322 is now covered by 23 V.S.A. chapter 29, subchapter 2.