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Terms Used In Vermont Statutes Title 19 Sec. 1606

  • Agency: means the Agency of Transportation. 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
  • Normal relocation: means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance. See
  • Relocation: means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. 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
  • Utility: means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. See

§ 1606. Reimbursement

(a) Except as provided in section 1605 of this title, normal relocation required by highway maintenance operations or highway construction projects is not eligible for reimbursement.

(b) Where the eligibility criteria set forth in section 1605 of this title are met, the differential costs over and above normal relocation cost shall be apportioned on a 50/50 basis between the Agency and the municipality. The Agency may waive the requirement for municipal participation for projects located on the State highway system.

(c) Oversize or other-than-normal relocation installations undertaken for the sole benefit of the utility shall be considered as betterments and shall not qualify for reimbursement. (Added 1995, No. 60, § 25, eff. April 25, 1995.)