2011 Vermont Code
Title 25 Navigation and Waters
Chapter 3 GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
§ 144 Order requiring removal by person causing obstruction

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TITLE 25

Navigation and Waters

CHAPTER 3. GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS

§ 144. Order requiring removal by person causing obstruction

(a) A person whose land is injured or endangered by an obstruction in a stream or on the banks thereof resulting from the deliberate or negligent deposit therein or thereon of floodwood, sand, gravel, debris or rubbish may apply to the selectmen of the town wherein such obstruction is located for an order directing the removal of such obstruction. Such petition shall specify the person or persons claimed by the petitioner to be responsible for such obstruction.

(b) The selectmen shall hold a hearing on such application and shall give the person or persons designated in the petition as depositors of such floodwood, sand, gravel, debris or rubbish at least 14 days' notice thereof. The selectmen shall issue an order requiring the person or persons causing such obstruction to remove same at their own expense, if they find such obstruction results from such intentional or negligent deposit.

(c) Upon failure so to do, and after due hearing, with notice to all interested parties, the selectmen may cause the same to be removed and the bed of the stream made as nearly level between the main banks as practical, charging the expense to the person or persons causing such obstruction.

(d) However, if the selectmen shall find that any public property or highway is endangered and that the cause is a natural one, the expense for the removal thereof shall be borne by the town where such obstruction is located.