A Message From The Vernon Highway Dept.
Following snowstorms, some residents push excess snow from private walks and driveways onto the roadside. What can the selectboard do to stop this practice?
Vermont law has for many years prohibited persons from placing anything within town roadways that might obstruct traffic or create a safety hazard for drivers. 19 V.S.A. §1105, 1111(b). However, the language of this law is fairly broad, referring to an “obstruction or encroachment” that might hinder or impede travel, without specifically including the act of dumping snow.
Despite the imprecision, citing this statute generally gets a violator’s attention once he or she discovers that the resulting fine is up to $1,000 and that he or she can be held personally liable for the actual costs of repairing any damage and fro reasonable attorney’s fees. A warning letter, mentioning the penalty, may be enough to stop the practice.
Additionally, in 1997, the Legislature made the act of dumping snow into highways a crime by enacting the following provision: “No person, other than an employee in the performance of his or her official duties or other person authorized by the agency of transportation (in the case of state highways), shall plow or otherwise deposit snow onto the traveled highway or a class 1, 2 or 32 town highway.” 23 V.S.A. § 1126a. Any law enforcement officer may enforce this state law if violated. 12 V.S.A. § 1013.
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