Vermont

Recreational Use/Recreational Trespass Laws

12 V.S.A. 5791 through 5795

§ 5792. Definitions

As used in this chapter:

(1) "Consideration" means a price, fee or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner's land for recreational use. Consideration shall not include:
(a) compensation paid to or a tax benefit received by the owner for granting a permanent recreational use easement;
(b) payment or provision for compensation to be paid to the owner for damage caused by recreational use; or
(c) contributions in services or other consideration paid to the owner to offset or insure against damages sustained by an owner from the recreational use or to compensate the owner for damages from recreational use.

(2)(a) "Land" means:
(i) open and undeveloped land, including paths and trails;
(ii) water, including springs, streams, rivers, ponds, lakes and other water courses;
(iii) fences; or
(iv) structures and fixtures used to enter or go upon land, including bridges and walkways.
(b) "Land" does not include:
(i) areas developed for commercial recreational uses,
(ii) equipment, machinery or personal property, and
(iii) structures and fixtures not described in subdivision (2)(A)(iii) or (iv) of this section.

(3) "Owner" means a person who owns, leases, licenses or otherwise controls ownership or use of land, and any employee or agent of that person.

(4) "Recreational use" means an activity undertaken for recreational, educational or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, visiting or enjoying archeological, scenic, natural, or scientific sites, or other similar activities. "Recreational use" also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate or maintain the land for recreational uses.

§ 5793. Liability limited

(a) Land. An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner's land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.

(b) Equipment, fixtures, machinery or personal property.
(1) Unless the damage or injury is the result of the willful or wanton misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner's land for a recreational use and proceeds to enter upon or use:
(A) equipment, machinery or personal property; or
(B) structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.
(2) Permission to enter or go upon an owner's land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery or personal property.

§ 5794. Landowner protection

(a) The fact that an owner has made land available without consideration for recreational uses shall not be construed to:
(1) limit the property rights of owners;
(2) limit the ability of an owner and a recreational user of the land to enter into agreements for the recreational use of the land to vary or supplement the duties and limitations created in this chapter;
(3) support or create any claim or right of eminent domain, adverse possession or other prescriptive right or easement or any other land use restriction;
(4) alter, modify or supersede the rights and responsibilities under chapters 191, animal control, and 193, domestic pet or wolf-hybrid control, of Title 20; under chapters 29, snowmobiles, and 31, all-terrain vehicles, of Title 23; under chapter 23, bicycle routes, of Title 19; and under chapter 20, Vermont trail system, of Title 10;
(5) extend any assurance that the land is safe for recreational uses or create any duty on an owner to inspect the land to discover dangerous conditions;
(6) relieve a person making recreational use of land from the obligation the person may have in the absence of this chapter to exercise due care for the person's own safety in the recreational use of the land.

(b) Nothing in this chapter shall create any presumption or inference of permission or consent to enter upon an owner's land for any purpose.

(c) For the purposes of protecting landowners who make land available for recreational use to members of the public for no consideration pursuant to this chapter, the presence of one or more of the following on land does not by itself preclude the land from being "open and undeveloped": posting of the land, fences, or agricultural or forestry related structures.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: VT. REV. STAT. tit. 32, §§ 3751, 3756, 3757 (1994). VT. REV. STAT. tit. 32 §3002.

Method of Assessment: Current use for agriculture and forestry.

Application: Application required.

Plan: Yes, for managed forest lands.

Penalty: Land which has been classified as agricultural land or managed forest land pursuant to this chapter shall be subject to a land use change tax upon the development of that land, as defined in section 3752 of this chapter. Said tax shall be at the rate of 20 percent of the full fair market value of the changed land determined without regard to the use value appraisal; or the tax shall be at the rate of 10 percent if the owner demonstrates to the satisfaction of the director that the parcel has been enrolled continuously more than 10 years. If changed land is a portion of a parcel, the fair market value of the changed land shall be the fair market value of the changed land prorated on the basis of acreage, divided by the common level of appraisal. Such fair market value shall be determined as of the date the land is no longer eligible for use value appraisal.

Current Use Taxation for open-space land: 

Vermont does consider public accessibility and public usage when approving forest and conservation management plans that are requirements for current use eligibility.

Statute: VT. ST. 30§ 3751-3757.

Purpose of Assessment: The purpose of this subchapter is to encourage and assist the maintenance of Vermont's productive agricultural and forest land; to encourage and assist in their conservation and preservation for future productive use and for the protection of natural ecological systems; to prevent the accelerated conversion of these lands to more intensive use by the pressure of property taxation at values incompatible with the productive capacity of the land; to achieve more equitable taxation for undeveloped lands; to encourage and assist in the preservation and enhancement of Vermont's scenic natural resources; and to enable the citizens of Vermont to plan its orderly growth in the face of increasing development pressures in the interests of the public health, safety and welfare.

Method of Assessment: The owner of eligible agricultural land, farm buildings or managed forest land shall be entitled to have eligible property appraised at its use value . "Use value appraisal" means, with respect to land, the price per acre which the land would command if it were required to remain in agriculture or forest use.

Eligibility Requirements

Application: Owner shall have applied to the director on or before September 1 of the previous tax year.

Renewal: Not required unless there is a change in ownership.

Area Requirements: "Managed Forest Land" must be at least 25 acres in size and be under active long-term forest management for the purpose of growing and harvesting repeated forest crops in accordance with minimum acceptable standards for forest management.

Plan Requirements: Managed forests require a forest management plan. The department, upon giving due consideration to resource inventories submitted by applicants, may approve a conservation management plan, consistent with conservation management standards, so as to include appropriate provisions designed to preserve: areas with special ecological values, fragile areas, rare or endangered species, significant habitat for wildlife, significant wetlands, outstanding resource waters, rare and irreplaceable natural areas, areas with significant historical value, public water supply protection areas, areas that provide public access to public waters, open or natural areas located near population centers, or historically frequented by the public. In approving a plan, the department shall give due consideration to: the need for restricted public access where required to protect the fragile nature of the resource, public accessibility where restricted access is not required, facilitation of appropriate, traditional public usage, opportunities for traditional or expanded use for educational purposes and for research.

Unique or Functional Characteristics:

No person may charge or receive a fee, consideration or other thing of value in exchange for the right to hunt or fish on land enrolled in a use value appraisal program under this chapter. 3776.

Proposed Changes: Currently, amendments to Vermont’s current use program have been proposed. For more information visit the Vermont Land Trust current use information page, http://www.vlt.org/current-use.html

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Tax incentive specifically for providing access: 

Vermont has no additional incentives specifically for providing access, however access is considered when approving a forest management plan.

Tax Incentive when land is subject to Conservation Easement: 

Vermont does have tax incentives for land subject to conservation easements.

The appraised value of each perpetual leases including easements shall be assessed at market value as determined by the listers or appraisers, taking into consideration all limitations upon the use of the land by the lessee which substantially diminish the value of his right to occupy, use or enjoy the land; but in no event is the appraised value of a perpetual lease to be in excess of the fair market value of the subject land as determined by the listers or appraisers. 32 V.S.A. § 3610

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Income Tax: 

Vermont has no tax incentives for the donation of land or conservation easements.

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Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Garafano v. Neshobe Beach Club, Inc. 126 Vt. 566

-Where use of corporation's recreational area by individual and his guests, which included plaintiff who was injured in softball game, was to its interest and advantage and was in furtherance of its purposes and functions, the status of persons such as plaintiff would be that of a “business visitor.”