§ 37 - Impoundments of water created by beaver
§ 37. Impoundments of water created by beaver
(a) Transportation board jurisdiction. On petition of the agency of transportation, the legislative body of an affected municipality, or the owner or operator of an affected railroad or sponsor of an affected public airport, or on its own motion, the transportation board may, after notice and hearing under chapter 25 of Title 3, issue an order requiring the removal or abatement of an impoundment of water created by beaver which threatens to substantially damage or submerge a highway, railroad or public airport. Notice shall be given to the owner or owners of affected land, the legislative body of the affected municipality, and the secretary of the agency of natural resources. If the board determines that an impoundment of water created by beaver threatens to substantially damage or submerge a highway, railroad or public airport, its order shall direct that the impoundment be abated, with as minimal impact on affected land and natural resources as possible, or if necessary, removed. Persons taking action pursuant to an order of the board under this subsection shall be exempted from the requirements of 10 V.S.A. § 905(7).
(b) Superior court jurisdiction. The transportation board, the agency of transportation, the legislative body of an affected municipality, the owner or operator of an affected railroad or the sponsor of an affected public airport may petition a superior judge for an emergency order for the removal or abatement of an impoundment of water created by beaver which presents an imminent threat to public safety by substantially damaging or submerging a highway, railroad or public airport. Rule 65 of the Vermont Rules of Civil Procedure shall apply to proceedings under this section. In addition to notice required under Rule 65, notice shall be given to the affected municipality and to the secretary of the agency of natural resources. (Added 1991, No. 134 (Adj. Sess.), § 3, eff. April 17, 1992.)