Vt. Stat. Ann. » Title 19 Chapter 3
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Vt. Stat. Ann. tit. 19, § 302 (2026)

Classification of town highways

✓ laws through the 2026 session (checked Sept. 2026)
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(Cite as: 19 V.S.A. § 302)
Notes of Decisions
Cited in 31 cases (8 in the last 5 years), 1990–2026 · leading case: Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999).
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Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). · cites it 19× “The Lincoln Gap Road is a class 2 highway under the classification scheme for town highways set forth in 19 V.S.A. § 302. Under this classification system, class 2 town highways "are those town highways selected as the most important highways in each town.”
Holly Bartlett v. John Roberts, 2020 VT 24, 231 A.3d 171. · cites it 4× “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 12. The Act provided that if subsections (i) and (ii) of § 302(a)(6)(A) were met—that is, if a town had properly laid out a highway but it was not on the town highway map as of July 1, 2010—the town selectboard or its appointee…”
Town of Bethel v. Wellford, 2009 VT 100, 987 A.2d 956. · cites it 3× “19 V.S.A. § 302(a)(6)(A). *614 ¶ 7. In an effort to quell the uncertainty that the existence of ancient roads places on private property rights, in 2006, the Vermont Legislature passed Act 178, giving towns the option of researching the existence of ancient roads, holding public…”
Demarest v. Town of Underhill, 2013 VT 72, 87 A.3d 439. · cites it 2× “§ 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the…”
Wayne Doncaster v. John A. Hane, 2020 VT 22, 212 VT 37. “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 17. The Act authorized towns to enter private property containing unmapped town highways to determine whether clearly observable physical evidence existed.”
Town of Calais v. Cnty. Road Commissioners, 795 A.2d 1267 (Vt. 2002). “The 1973 amendments installed a new classification system based on four categories of highways (classes 1, 2, 3, and 4), see 19 V.S.A. § 302(a), imposed minimum maintenance standards for class 3 highways or better, see id.”
In re Town Hwy. No. 20 of Town of Georgia, 2003 VT 76, 834 A.2d 17. “…trails are not highways, towns are not responsible for maintaining trails, including trail culverts and bridges. 19 V.S.A. § 302(a)(5).”
Regan v. Pomerleau, DeForest Realty, Inc., 2014 VT 99, 107 A.3d 327. “2 Subsequent to applicant’s 2009 subdivision application, the Legislature adopted a definition of “public road” that essentially incorporates the definition accorded the term in Okemo but also expressly includes class one, two, or three town highways as defined in 19 V.S.A. §…”
David Demarest v. Town of Underhill, 2021 VT 14, 256 A.3d 554. “See 19 V.S.A. § 302(a)(5) (“Trails shall not be considered highways and the town shall not be responsible for any maintenance including culverts and bridges.”
Hansen v. Town of Charleston, 597 A.2d 321 (Vt. 1991). “” Acting pursuant to 19 V.S.A. § 302(a)(3)(C), the court gave the selectmen five years to bring the road up to class 3 standards.”
King v. Town of Craftsbury, 2005 VT 86, 883 A.2d 771. “The Town entered objections to the commissioners’ report, and following a brief nonevidentiary hearing, the superior court adopted the commissioners’ findings and conclusions, but also ruled that, under 19 V.S.A. § 302(a)(3)(C), the Town had five years to bring the entire road,…”
Town of Granville & Green Crow Corp. v. Joseph Loprete, 2017 VT 101, 178 A.3d 1013. “He also cites 19 V.S.A. § 302(a)(6)(A)(i), which defines "unidentified corridors" in relevant part as "town highways that .”
Show all 31 citing cases →
Vt. Stat. Ann. tit. 19, § 302(6)(G): 1 case
Legrand & Scata Variance, No. 110-8-14 Vtec (Vt. Super. Ct. Nov. 12, 2015).
Vt. Stat. Ann. tit. 19, § 302(a): 5 cases
Town of Calais v. Cnty. Road Commissioners, 795 A.2d 1267 (Vt. 2002). “The 1973 amendments installed a new classification system based on four categories of highways (classes 1, 2, 3, and 4), see 19 V.S.A. § 302(a), imposed minimum maintenance standards for class 3 highways or better, see id.”
Regan v. Pomerleau, DeForest Realty, Inc., 2014 VT 99, 107 A.3d 327. “2 Subsequent to applicant’s 2009 subdivision application, the Legislature adopted a definition of “public road” that essentially incorporates the definition accorded the term in Okemo but also expressly includes class one, two, or three town highways as defined in 19 V.S.A. §…”
Regan Prelim & Final SD Plat, No. 188-9-09 Vtec (Vt. Super. Ct. Dec. 18, 2012).
Escheverria v. Tunbridge, No. 23-cv-195 (Vt. Super. Ct. July 9, 2025).
E. E. Buttolph Revocable Trust Act 250 Abandonment Petition, No. 19-2-09 Vtec (Vt. Super. Ct. Oct. 1, 2009).
Vt. Stat. Ann. tit. 19, § 302(a)(1): 2 cases
Neil & Barbara Shepard Dorset Street Proj., 584 A.2d 421 (Vt. 1990).
Escheverria v. Tunbridge, No. 23-cv-195 (Vt. Super. Ct. July 9, 2025).
Vt. Stat. Ann. tit. 19, § 302(a)(2): 2 cases
Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). “The Lincoln Gap Road is a class 2 highway under the classification scheme for town highways set forth in 19 V.S.A. § 302. Under this classification system, class 2 town highways "are those town highways selected as the most important highways in each town.”
Neil & Barbara Shepard Dorset Street Proj., 584 A.2d 421 (Vt. 1990).
Vt. Stat. Ann. tit. 19, § 302(a)(3): 1 case
Regan Prelim & Final SD Plat, No. 188-9-09 Vtec (Vt. Super. Ct. Dec. 18, 2012).
Vt. Stat. Ann. tit. 19, § 302(a)(3)(B): 3 cases
Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). “The Lincoln Gap Road is a class 2 highway under the classification scheme for town highways set forth in 19 V.S.A. § 302. Under this classification system, class 2 town highways "are those town highways selected as the most important highways in each town.”
Appeal of McLaughlin, No. 42-02-05 Vtec (Vt. Super. Ct. Mar. 13, 2006).
Gabriel v. Town of Duxbury, 764 A.2d 1224 (Vt. 2000).
Vt. Stat. Ann. tit. 19, § 302(a)(3)(C): 2 cases
Hansen v. Town of Charleston, 597 A.2d 321 (Vt. 1991). “” Acting pursuant to 19 V.S.A. § 302(a)(3)(C), the court gave the selectmen five years to bring the road up to class 3 standards.”
King v. Town of Craftsbury, 2005 VT 86, 883 A.2d 771. “The Town entered objections to the commissioners’ report, and following a brief nonevidentiary hearing, the superior court adopted the commissioners’ findings and conclusions, but also ruled that, under 19 V.S.A. § 302(a)(3)(C), the Town had five years to bring the entire road,…”
Vt. Stat. Ann. tit. 19, § 302(a)(4): 1 case
Neil & Barbara Shepard Dorset Street Proj., 584 A.2d 421 (Vt. 1990).
Vt. Stat. Ann. tit. 19, § 302(a)(5): 8 cases
In re Town Hwy. No. 20 of Town of Georgia, 2003 VT 76, 834 A.2d 17. “…trails are not highways, towns are not responsible for maintaining trails, including trail culverts and bridges. 19 V.S.A. § 302(a)(5).”
David Demarest v. Town of Underhill, 2021 VT 14, 256 A.3d 554. “See 19 V.S.A. § 302(a)(5) (“Trails shall not be considered highways and the town shall not be responsible for any maintenance including culverts and bridges.”
Demarest v. Town of Underhill, 2013 VT 72, 87 A.3d 439. “§ 310(b), which provides that “Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town, or may be reclassified using the same procedures as for laying out highways and meeting the…”
Demarest & Moulton v. Town of Underhill, 195 Vt. 204 (2013).
In re Town High. 26, Town of Underhill, No. 2014-386, 2015 WL 2383677 (Vt. May 14, 2015).
Vt. Stat. Ann. tit. 19, § 302(a)(6): 2 cases
Town of Granville v. LoPrete, No. 134 (Vt. Super. Ct. Oct. 13, 2016).
Legrand & Scata Variance, No. 110-8-14 Vtec (Vt. Super. Ct. Nov. 12, 2015).
Vt. Stat. Ann. tit. 19, § 302(a)(6)(A): 4 cases
Town of Bethel v. Wellford, 2009 VT 100, 987 A.2d 956. “19 V.S.A. § 302(a)(6)(A). *614 ¶ 7. In an effort to quell the uncertainty that the existence of ancient roads places on private property rights, in 2006, the Vermont Legislature passed Act 178, giving towns the option of researching the existence of ancient roads, holding public…”
Wayne Doncaster v. John A. Hane, 2020 VT 22, 212 VT 37. “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 17. The Act authorized towns to enter private property containing unmapped town highways to determine whether clearly observable physical evidence existed.”
Holly Bartlett v. John Roberts, 2020 VT 24, 231 A.3d 171. “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 12. The Act provided that if subsections (i) and (ii) of § 302(a)(6)(A) were met—that is, if a town had properly laid out a highway but it was not on the town highway map as of July 1, 2010—the town selectboard or its appointee…”
korb v. panton (Vt. Super. Ct. 2024).
Vt. Stat. Ann. tit. 19, § 302(a)(6)(A)(i): 1 case
Town of Granville & Green Crow Corp. v. Joseph Loprete, 2017 VT 101, 178 A.3d 1013. “He also cites 19 V.S.A. § 302(a)(6)(A)(i), which defines "unidentified corridors" in relevant part as "town highways that .”
Vt. Stat. Ann. tit. 19, § 302(a)(6)(A)(iii): 2 cases
Holly Bartlett v. John Roberts, 2020 VT 24, 231 A.3d 171. “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 12. The Act provided that if subsections (i) and (ii) of § 302(a)(6)(A) were met—that is, if a town had properly laid out a highway but it was not on the town highway map as of July 1, 2010—the town selectboard or its appointee…”
Town of Alburgh v. Murphy, No. 24-cv-1960 (Vt. Super. Ct. May 1, 2025).
Vt. Stat. Ann. tit. 19, § 302(a)(6)(B): 1 case
Holly Bartlett v. John Roberts, 2020 VT 24, 231 A.3d 171. “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 12. The Act provided that if subsections (i) and (ii) of § 302(a)(6)(A) were met—that is, if a town had properly laid out a highway but it was not on the town highway map as of July 1, 2010—the town selectboard or its appointee…”
Vt. Stat. Ann. tit. 19, § 302(a)(6)(C): 1 case
Holly Bartlett v. John Roberts, 2020 VT 24, 231 A.3d 171. “), § 2 (codified at 19 V.S.A. § 302(a)(6)(A)). ¶ 12. The Act provided that if subsections (i) and (ii) of § 302(a)(6)(A) were met—that is, if a town had properly laid out a highway but it was not on the town highway map as of July 1, 2010—the town selectboard or its appointee…”
Vt. Stat. Ann. tit. 19, § 302(a)(6)(G): 1 case
korb v. panton (Vt. Super. Ct. 2024).
Vt. Stat. Ann. tit. 19, § 302(b): 2 cases
Katzenbach A250 Permit 7R1374-1 - Decision on Merits, No. 79-7-19 Vtec (Vt. Super. Ct. Apr. 16, 2021).
Katzenbach Act 250 Permit - Decision on Merits, No. 124-9-17 Vtec (Vt. Super. Ct. Jan. 2, 2019).
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