14-012 Code Vt. R. 14-010-012-X
Appendix C STATE OF VERMONT TRANSPORTATION BOARD
133 State Street, Montpelier, Vermont 05602
Reprinted below are the standards and rules for designation, maintenance and reconstruction of scenic roads as adopted by the Transportation Board following recommendation by the Scenery Preservation Council.
The standards and rules provide procedures for use in selection and designation of scenic highways as a means of preserving the scenic quality of the rural landscape. In addition, they describe techniques for reconstruction and maintenance of designated scenic highways in a manner which will preserve scenic quality without reduction in the level of service or safety required by users of the highway.
The publication entitled "Designating Scenic Roads, A Vermont Fieldguide," additional copies of the "Scenic Road Criteria" and copies of the Scenic Roads Statute, No. 58 of the Acts of 1977 are available on request.
Paul H. Guare, Executive Secretary
Transportation Board
133 State Street
Montpelier, VT 05602
Tel: 802-828-2669
At the time a highway is selected as a Scenic Road, the criteria responsible for this designation shall be clearly identified and recorded on the form entitled "Criteria for the Designation of Scenic Roads," which may be obtained from district transportation offices or regional planning commissions. When a town designates a road as scenic, it shall enter this completed form in its records and transmit a copy to the Agency of Transportation as an attachment to its Annual Certificate of Highway mileage. Scenic roads will be maintained as nearly as possible in the condition which existed at the time of designation; that is the essential components such as width, alignment and grade of surface will not be changed materially; elevations and locations of ditch lines shall remain constant except for minimal adjustment required by normal cleaning operations. The roadway surface shall not be changed except for graveling or retreatment.
Permitted Roadside Maintenance
Permitted roadside maintenance shall be detailed at the time of designation. Normally this would be restricted to the removal of dead trees and brush cutting to protect established views. For example, if scenic or panoramic views are the reason for the designation, underbrush and small trees shall be removed as necessary to protect the view. If the designation was created because of stone walls or similar unique roadside features, these factors should be noted and maintenance activities adjusted to protect and enhance them.
The book, titled The Vermont Backroad as published by the Ottauquechee Regional Planning Commission, is adopted as the official guide for maintenance. Single copies of this guide may be obtained by local officials from their district transportation administrators. Nothing contained in these rules and regulations shall relieve towns of their responsibilities as defined in Title 19, Section 931, V.S.A.
When modification of a scenic road is required by change in the function or use of the road, or as the result of a natural disaster, the local legislative body shall investigate the impact of such modification on the criteria responsible for the scenic designation.
Scenic roads determined to require reconstruction shall be designed and constructed in accordance with Agency of Transportation Standard A-65 and in accordance with the techniques and recommendations contained in the booklet, The Vermont Backroad.
The legislative body of a town may appeal to the Vermont Transportation Board for a variance from these standards, in accordance with 19 V.S.A. 1019(c), if considered necessary for the preservation of specific scenic features.
Modification of Scenic Road
Before modifications are made to a scenic road, the legislative body shall conduct a hearing, following adequate public notice, as specified under 1(d), to discuss the effects of the proposed modification and the possible removal of the road from the scenic classification.
A detailed plan of the proposed modification, including measures to minimize adverse effects, shall be presented at the public hearing. Prior to the public hearing the selectmen are encouraged to discuss proposed modifications with the district transportation administrator and appropriate regional and municipal planning commissions. The selectmen shall allow these same parties two weeks after the hearing in which to provide written comment. At the hearing, the local legislative body shall describe the effect of the proposed modification on the criteria responsible for designation and shall receive testimony from the public.
Action by Legislative Body
After considering all available information and testimony, the Legislative body shall determine if the need for the proposed modification is sufficient to justify any reduction in the scenic quality of the road. It shall publicize its decision, which shall include the principal reasons in support of that decision, by posting in the town clerk's office and by written notice to those parties identified under 1(d) "public notice." No modification of the scenic road may be initiated for seven (7) days from the date of posting and notification to the parties.
If it is determined that the proposed modification will result in the elimination of the scenic quality of the road so that it will no longer meet selection criteria, the legislative body may proceed to discontinue the road's scenic designation in accordance with Section 1019, Title 19, V.S.A.
Emergency repair operations should be conducted in a manner which will avoid or reduce adverse effects on the criteria responsible for designation. In emergency situations, the concern for the public good and safety will be given precedent over scenic considerations.
At the time a highway is selected as a scenic road, the criteria responsible for this designation shall be clearly identified and properly recorded. Scenic roads will be maintained as nearly as possible in the condition which existed at the time of designation; that is the essential components such as width, alignment and grade of surface will not be materially changed; elevations and locations of ditch lines shall remain constant except for minimal adjustment required by normal cleaning operations.
The design for reconstruction of scenic roads shall be developed in conformity with current standards, modified as appropriate to preserve the scenic character of the road.
The plan and description of improvement projects not presented for discussion at a public hearing shall be submitted for comment to the appropriate regional planning commission which shall respond within fifteen (15) days of the receipt of such plans and description.
14-012 Code Vt. R. 14-010-012-X