Curb Cut Policy

Pursuant to Title 19 Vermont Statutes Annotated, Section 1111, a written permit shall be required from the Selectboard for the construction, alteration, relocation or change of use of any driveway or private road access to a Town highway (curb cut). All permits issued for highway access shall conform with the following:

1. Applications shall be made to the Selectboard on a standard form adopted by the Board.

2. Accesses will be built to Vermont Agency of Transportation standard specifications B-71 and the exact location shall be identified by the applicant on a map submitted with the application.

3. A minimum 18 inch polyethylene or coated steel driveway culvert shall be installed and maintained in a working condition by the owner. The Selectboard may waive this requirement or require a larger culvert as deemed necessary to accommodate drainage conditions.

4. Visibility between an access and the highway will be a minimum of 150 feet in all directions, without obstruction. Trees, brush, fences, posts, or other structures which obstruct clear vision will be removed.  No access shall be constructed closer than 150 feet to a sharp curve or blind area.

5. Driveway accesses will be constructed level with the highway for a minimum of 25 feet for safe starting and stopping.

6. All access roads should enter perpendicular to the existing Town highway.

7. Safety of traffic on the Town highway shall be the primary criteria for establishing where an access will be permitted on a parcel.

8. The property owner shall maintain the highway access to the satisfaction of the Town.

9. The property owner shall be responsible for the costs of installing and maintaining any driveway culvert, ditch, or other improvement required as a condition of a curb cut approval unless otherwise agreed by the Selectboard in writing. If the Town replaces a failed driveway culvert in the course of an emergency, the Town shall not accept on-going responsibility for maintenance of the replaced culvert and the property owner may be billed for the cost of the culvert.

10. Violation of any conditions established in this policy or in a permit approval shall be grounds for the revocation of the permit by the Selectboard and the physical closure of the access.

11. All construction approved in the granting of an access permit shall be completed within one year from the date of approval, or such permit shall terminate.

12. The total number of highway accesses permitted on one side of a continuous length of road frontage on a parcel shall not exceed the number set forth in the following table.  These limits shall not apply to farm entrances used solely to gain access to a field for agricultural purposes.  Subdivision of parcels subsequent to the establishment of the Town's Subdivision Regulations in 1987, shall not create a right to construct additional highway accesses to the number allowed below.

Continuous Road Frontage of Parcel # of Accesses Permitted
0 - 799 feet 2
800 - 1,599 feet 3
1,600 - 2,399 feet 4
2,400 - 3,199 feet 5
3,200 feet or more 6

13. The Selectboard shall establish the fee for highway access applications.

14. This policy shall supersede all policies regarding access to Town highways previously adopted.

This policy was adopted by the Waitsfield Selectboard on August 9, 1999 and amended on December 12, 2011.

Waitsfield Curb Cut Policy - as amended 12/12/2011

Subdivision of Lands Abutting State Highways: According to 19 V.S.A. Section 1111(k), "[n]o deed purporting to subdivide land abutting a state highway or a class 1 town highway can be recorded unless all the abutting lots so created are in accord with the standards of this section, including but not limited to the requirement to provide a frontage road or roads."

Individuals seeking to subdivide land abutting state and class 1 town highways (Vermont Route 100 or 17) must first submit a Section 1111 Application form (see link below) and obtain approval from VTrans.