Farm Crossings, Cattle Guards, Fences, and Watercourses

V.S.A. tit. 5, ch. 68, subch. 4

in effect

5 V.S.A. § 3639 Farm crossings and cattle guards; construction and maintenance; judicial review

3639. Farm crossings and cattle guards; construction and maintenance; judicial review (a) A person owning or operating a railroad shall construct and maintain farm crossings of the road for the use of the proprietors of lands adjoining the railroad, and cattle guards at all farm and road crossings sufficient to prevent cattle and animals from getting on the railroad. A farm crossing may be temporarily or permanently closed or discontinued by mutual agreement between all parties having an interest in the farm crossing. If no mutual agreement can be reached by such interested parties, then a person owning or operating a railroad and desiring to close any farm crossing shall make application to the Transportation Board. The Board shall give notice to all interested parties, in the manner as the Board may direct, of the hearing on the application, the hearing to be in the county where the crossing is located. After the hearing, a person owning or operating a railroad shall not close such farm crossing without the approval of the Transportation Board. A person aggrieved by the closing of a farm crossing after January 1, 1955 by a person owning or operating a railroad may notify the Transportation Board of the closing by registered or certified mail, and upon receipt the Board shall conduct a hearing. Notice and place of hearing shall be as set forth in this subsection. The Transportation Board may require the reopening of any such crossing and make other order as is permitted in section 3649 of this title. At any hearing, the burden of proof shall rest with the person or persons effecting or seeking to effect the closing of a farm crossing. Any person aggrieved by the final order of the Transportation Board, who was a party to the proceedings, may seek judicial review pursuant to 19 V.S.A. § 5(c). (b) A person closing any farm crossing in violation of a provision of this section or failing to comply with any such order shall be fined not less than $50.00 nor more than $500.00, and any person aggrieved by such violation may recover the person’s damages in an action on this statute. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 59; 2017, No. 113 (Adj. Sess.), § 12; 2019, No. 14, § 6, eff. April 30, 2019; 2021, No. 105 (Adj. Sess.), § 39, eff. July 1, 2022; 2021, No. 184 (Adj. Sess.), § 32, eff. July 1, 2022.

5 V.S.A. § 3640 Board; party disagreement

3640. Board; party disagreement When the parties cannot agree upon the plan, manner, or number of the farm crossings, the same shall be determined by the Transportation Board on petition and after a public hearing. However, if the cost of such farm crossings exceeds the value of the land to be accommodated thereby, the Board need not order such crossings to be made, but shall award reasonable damages in lieu thereof. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 60; 2023, No. 6, § 33, eff. July 1, 2023.

5 V.S.A. § 3641 Cattle guards at highway crossings

3641. Cattle guards at highway crossings The provisions of law relieving parties owning property adjoining a highway from maintaining fences along the line of such highway shall not be held to relieve persons owning or operating a railroad from maintaining cattle guards at points where such railroad crosses a highway at grade.

5 V.S.A. § 3642 Fences; construction and maintenance

3642. Fences; construction and maintenance (a) A person or corporation owning or operating a railroad shall construct and maintain on the sides of its road, when completed and in running order, a good and sufficient fence, along land of an operating farm adjacent to the railroad. (b) Whenever the owner or occupant desires to pasture livestock on land adjacent to the railroad not then used for pasturing livestock and desires the railroad to erect the portion of the fence next to the tracks, he or she shall fence the portion of that land that is not adjacent to the railroad, and the railroad shall construct the portion of the fence adjacent to its tracks within five days of notice to it from the owner or occupant that his or her portion of the fence has been completed and shall maintain that fence so long as the adjacent land is used for pasturing livestock. Amended 1977, No. 139 (Adj. Sess.), § 1, eff. March 24, 1978.

5 V.S.A. § 3643 Neglect; proceedings

3643. Neglect; proceedings When a person or corporation owning or operating a railroad does not construct and maintain a fence as required by this chapter, any person aggrieved may construct it. The selectboard members of the town in which the same is located shall appraise the value thereof, and the person or railroad corporation shall pay the amount so awarded by the selectboard members to the person so aggrieved. On failure of the person or corporation to pay the amount so awarded, the person so constructing such fence may recover the same in an action on this statute. Such a person or railroad corporation shall not be required to build such fence while the ground is frozen.

5 V.S.A. § 3644 Construction of fence when landowner is to keep it

3644. Construction of fence when landowner is to keep it The provisions requiring a person or corporation owning or operating a railroad to construct and maintain fences shall not apply when such person or corporation has settled with and paid the landowner for building and maintaining such fence. When a landowner thus paid for keeping such fence in repair neglects so to do, the person or corporation owning or operating such railroad may make the repairs and recover the necessary expense thereof of such landowner or his or her grantee.

5 V.S.A. § 3645 Damage to animals on railroad

3645. Damage to animals on railroad Until fences and cattle guards are duly made, such person or corporation and their agents shall be liable for the damages done by agents or engines to cattle, horses, or other animals thereon if occasioned by want of such fences and cattle guards. After such fences and guards are made, the person or corporation shall not be liable for such damages unless negligently or willfully done.

5 V.S.A. § 3646 Driving animals or vehicle within fences on railroad; damages; penalty

3646. Driving animals or vehicle within fences on railroad; damages; penalty A person who rides, leads, or drives a horse or other animal or operates a motor vehicle or a snowmobile upon a railroad, and within such fences and guards, other than at road and farm crossings, without the consent of the corporation shall forfeit not more than $50.00 to be recovered by the corporation in an action on this statute and shall also pay the damages sustained thereby to the party aggrieved. Amended 1967, No. 341 (Adj. Sess.), § 13.

5 V.S.A. § 3647 Allowing animal to be at large in roadway; damages; penalty

3647. Allowing animal to be at large in roadway; damages; penalty When a horse or other beast is found going at large within the limits of a railroad after the same is opened for use, the person through whose fault or negligence such horse or other beast is so at large shall forfeit not more than $20.00 for every horse or other beast so found going at large and shall be liable for the damages thereby sustained by any person, such forfeiture and damages to be recovered in an action on this statute.

5 V.S.A. § 3648 Complaint regarding fences, guards, crossings, watercourses

3648. Complaint regarding fences, guards, crossings, watercourses A person through whose land a railroad passes, after such road is in operation, and after 10 days’ notice by registered or certified letter addressed to the principal office of such railroad, may make complaint in writing to the Transportation Board that he or she is aggrieved by the neglect or default of a railroad corporation in constructing or maintaining fences, cattle guards, or farm crossings that the corporation is bound to construct or maintain, or by its stopping, impeding, or altering a watercourse, or by its making or stopping a ditch. The Board shall give reasonable notice to the petitioner and to the railroad corporation and to any other parties having an interest in the subject matter of the complaint of the time and place of hearing thereon, and such notice shall be given by registered or certified mail or by personal delivery. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 172 (Adj. Sess.), § 61.

5 V.S.A. § 3649 Order of Board

3649. Order of Board After hearing, the Board may make a written order requiring the corporation to construct or maintain in good repair such fence, cattle guard, or farm crossing, or to make or alter such watercourse or ditch, or to remove such impediment to the same, within such time as it may fix. Such corporation shall not be required to open a ditch while the ground is frozen, nor to alter the natural course of or do any act in regard to a watercourse that it is not legally bound to do, nor to comply with such order until 10 days after being served with a copy thereof. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

5 V.S.A. § 3650 Penalty

3650. Penalty Unless the Board has extended the time for cause shown, a railroad corporation failing to comply with such order for more than 20 days after the time fixed by the Board shall be fined not more than $25.00 for each day’s failure. The corporation shall be further liable to the party aggrieved for the damages the party sustains in consequence of the failure. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 2021, No. 105 (Adj. Sess.), § 40, eff. July 1, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/05/068Fetched: 10/21/2026