The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 39: INCORPORATED VILLAGES

§ 2262. Eligibility

The Secretary shall issue a certificate of registration upon finding:

(1) The applicant is able to comply with the provisions of this subchapter.

(2) The applicant has filed a currently valid certificate of approval of location with the Secretary.

(3) The applicant has complied with any regulations of the Secretary issued under section 2243 of this title and with screening or fencing requirements which, under limitations of the surrounding terrain, are capable of feasibly and effectively screening the salvage yard from view of the main traveled way of all highways. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 6; 1973, No. 185 (Adj. Sess.), § 5; 1993, No. 172 (Adj. Sess.), § 34; 2009, No. 56, § 16.)

§ 2263. Repealed. 2009, No. 134 (Adj. Sess.), § 32(c).

§ 2264. Repealed. 2009, No. 56, § 17.

§ 2271. Unauthorized disposal of vehicles

No one may place, discard or abandon a junk motor vehicle in a place where it is visible from the main traveled way of a highway nor may anyone abandon or discard any motor vehicle upon the land of another with or without the consent of the land owner. Motor vehicles so placed, discarded or abandoned are hereby declared to be a public nuisance. (Added 1969, No. 98, § 1.)

§ 2272. Taking title to junk motor vehicles

(a) A junk motor vehicle discovered in violation of section 2271 of this title shall be removed from view of the main traveled way of the highway by the owner of the land upon which it is discovered, upon receiving written notice from the agency of transportation to do so, if such owner holds title to the motor vehicle.

(b) If the owner of the land upon which a junk motor vehicle is discovered in violation of section 2271 of this title, does not hold or disclaims title, and the true owner of the motor vehicle is known or can be ascertained, the motor vehicle owner shall dispose of such motor vehicle in such a manner that it is no longer visible from the main traveled way of the highway upon receiving written notice from the agency of transportation to do so.

(c) The owner of land upon which a motor vehicle is left in violation of section 2271 of this title may, without incurring any civil liability or criminal penalty to the owner of such vehicles, remove the vehicle from the place where it is discovered to any other place on any property owned by him, and if so removed, he shall notify the agency of transportation and local or state police, in writing, forthwith. Within ten days after notification, the agency of transportation shall cause the vehicle to be taken under its control and disposed of as hereafter provided.

(d) [Repealed.]  (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 8; 1981, No. 87, § 4; 1983, No. 185 (Adj. Sess.), § 7; 1989, No. 39; 2003, No. 101 (Adj. Sess.), § 3.)

§ 2273. Agency of transportation; duties; general authority

The agency of transportation is authorized to contract in the name of the state for the service of independent contractors under bond to carry on at the contractor's expense junk car collection and disposal operations. The agency shall maintain a continuing inventory of junk cars for disposal, select areas appropriate for collection, storage and disposal of junk motor vehicles, and have general authority to contract and do all things reasonably necessary to carry out the purposes of this subchapter. Notwithstanding any other provision of this subchapter the agency may petition the superior court of the county in which a junk motor vehicle is discovered in violation of section 2271 of this title for an order directing the owner to remove the motor vehicle from view of the main traveled way of the highway. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 8; 1993, No. 172 (Adj. Sess.), § 35.)

§ 2274. Construction with other statutes

In the event the provisions of this subchapter conflict with any other law relating to abandoned or unclaimed property, this subchapter controls, and its provisions shall not be construed to repeal or abrogate any other provisions of law relating to junkyards but to be in aid thereof or as an alternative. (Added 1969, No. 98, § 1.)

§ 2281. Injunctive relief; other remedies

(a) In addition to the penalty in section 2282 of this title, the legislative body may seek a temporary restraining order, preliminary injunction, or permanent injunction against the establishment, operation, or maintenance of a salvage yard which is in violation of the relevant municipal requirements of this subchapter and may obtain compliance with the relevant municipal requirements of this subchapter and the terms of a certificate of approved location issued under this subchapter by complaint to the Environmental Division for the county in which the salvage yard is located.

(b) In addition to the penalty in section 2282 of this title, the Agency of Transportation may seek appropriate injunctive relief in the Superior Court to enforce the provisions of this subchapter within its regulatory authority. (Added 1969, No. 98, § 1; amended 1993, No. 172 (Adj. Sess.), § 36; 2009, No. 56, § 18; 2009, No. 154 (Adj. Sess.), § 236.)

§ 2282. Penalty

A person who violates this subchapter shall be fined not less than $5.00 nor more than $50.00 for each day of the violation. (Added 1969, No. 98, § 1.)

§ 2283. Appeals

After exhausting the right of administrative appeal to the board under 19 V.S.A. § 5(d)(5), a person aggrieved by any order, act, or decision of the Agency of Transportation may appeal to the Superior Court, and all proceedings shall be de novo. Any person, including the Agency of Transportation, may appeal to the Supreme Court from a judgment or ruling of the Superior Court. Appeals of acts or decisions of the Secretary of Natural Resources or a legislative body of a municipality under this subchapter shall be appealed to the Environmental Division under 10 V.S.A. § 8503. (Added 1969, No. 98, § 1; amended 1971, No. 185 (Adj. Sess.), § 199, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 37; 2009, No. 56, § 19; 2009, No. 154 (Adj. Sess.), § 236.)

§ 2291. Enumeration of powers

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

(1) To set off portions of public highways of the municipality for sidewalks and bicycle paths and to regulate their use.

(2) To provide for the removal of snow and ice from sidewalks by the owner, occupant, or person having charge of abutting property.

(3) To provide for the location, protection, maintenance, and removal of trees, plants and shrubs, and buildings or other structures on or above public highways, sidewalks, or other property of the municipality.

(4) To regulate the operation and use of vehicles of every kind including the power: to erect traffic signs and signals; to regulate the speed of vehicles subject to 23 V.S.A. chapter 13, subchapter 12; to regulate or exclude the parking of all vehicles; and to provide for waiver of the right of appearance and arraignment in court by persons charged with parking violations by payment of specified fines within a stated period of time.

(5) To establish rules for pedestrian traffic on public highways and to establish crosswalks.

(6) To regulate the location, installation, maintenance, repair, and removal of utility poles, wires and conduits, water pipes or mains, or gas mains and sewers, upon, under, or above public highways or public property of the municipality.

(7) To regulate or prohibit the erection, size, structure, contents, and location of signs, posters, or displays on or above any public highway, sidewalk, lane, or alleyway of the municipality and to regulate the use, size, structure, contents, and location of signs on private buildings or structures.

(8) To regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in 10 V.S.A. § 5227.

(9) To license or regulate itinerant vendors, peddlers, door-to-door salesmen, and those selling goods, wares, merchandise, or services who engage in a transient or temporary business, or who sell from an automobile, truck, wagon, or other conveyance, excepting persons selling fruits, vegetables, or other farm produce.

(10) To regulate the keeping of dogs, and to provide for their leashing, muzzling, restraint, impoundment, and destruction.

(11) To regulate, license, tax, or prohibit circuses, carnivals and menageries, and all plays, concerts, entertainments, or exhibitions of any kind for which money is received.

(12) To regulate or prohibit the storage or dumping of solid waste, as defined in 10 V.S.A. § 6602. These regulations may require the separation of specified components of the waste stream.

(13) To compel the cleaning or repair of any premises which in the judgment of the legislative body is dangerous to the health or safety of the public.

(14) To define what constitutes a public nuisance, and to provide procedures and take action for its abatement or removal as the public health, safety, or welfare may require.

(15) To provide for penalties for violation of any ordinance or rule adopted under the authority of this section.

(16) To name and rename streets and to number and renumber lots pursuant to section 4463 of this title.

(17) To regulate or prohibit possession of open or unsealed containers of alcoholic beverages in public places.

(18) To regulate or prohibit consumption of alcoholic beverages in public places.

Subdivision (19) effective until July 1, 2014; see also subdivision (19) effective July 1, 2014 set out below.

(19) To regulate the construction, alteration, development, and decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements where the city, town, or village has not adopted zoning or where those activities are not regulated pursuant to a duly adopted zoning bylaw. Regulations regarding the decommissioning or dismantling of telecommunications facilities and ancillary structures may include requirements that bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities. These regulations are not intended to prohibit seamless coverage of wireless telecommunications services. With respect to the construction or alteration of wireless telecommunications facilities subject to regulation granted in this section, the town, city, or incorporated village shall vest in its local regulatory authority the power to determine whether the installation of a wireless telecommunications facility, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development, and if the local regulatory authority, originally or on appeal, determines that the facility will impose no impact or a de minimis impact, it shall issue a permit. No ordinance authorized by this section, except to the extent structured to protect historic landmarks and structures listed on the State or National Register of Historic Places may have the purpose or effect of limiting or prohibiting a property owner's ability to place or allow placement of antennae used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the aggregate area of the largest faces of the antennae is not more than eight square feet, and if the antennae and the mast to which they are attached do not extend more than 12 feet above the roof of that portion of the building to which they are attached. No ordinance under this section may regulate an improvement that is exempt from regulation under subdivision 4413(h) (telecommunications; ancillary improvements of 300 square feet or less; improvements associated with communications lines) of this title.

Subdivision (19) effective July 1, 2014; see also subdivision (19) effective until July 1, 2014 set out above.

(19) To regulate the construction, alteration, development, and decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements where the city, town, or village has not adopted zoning or where those activities are not regulated pursuant to a duly adopted zoning bylaw. Regulations regarding the decommissioning or dismantling of telecommunications facilities and ancillary structures may include requirements that bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities. These regulations are not intended to prohibit seamless coverage of wireless telecommunications services. With respect to the construction or alteration of wireless telecommunications facilities subject to regulation granted in this section, the town, city, or incorporated village shall vest in its local regulatory authority the power to determine whether the installation of a wireless telecommunications facility, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development, and if the local regulatory authority, originally or on appeal, determines that the facility will impose no impact or a de minimis impact, it shall issue a permit. No ordinance authorized by this section, except to the extent structured to protect historic landmarks and structures listed on the State or National Register of Historic Places may have the purpose or effect of limiting or prohibiting a property owner's ability to place or allow placement of antennae used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the aggregate area of the largest faces of the antennae is not more than eight square feet, and if the antennae and the mast to which they are attached do not extend more than 12 feet above the roof of that portion of the building to which they are attached.

(20) To establish a conflict of interest policy to apply to all elected and appointed officials of the town, city, or incorporated village.

(21) To regulate, by means of a civil ordinance adopted pursuant to chapter 59 of this title, subject to the limitations of 13 V.S.A. § 351b and the requirement of 13 V.S.A. § 354(a), and consistent with the rules adopted by the Secretary of Agriculture, Food and Markets, pursuant to 13 V.S.A. § 352b(a), the welfare of animals in the municipality. Such ordinance may be enforced by humane officers as defined in 13 V.S.A. § 351, if authorized to do so by the municipality.

(22) To regulate the sale and conveyance of sewage capacity to users, including phasing provisions and other conditions based on the impact of residential, commercial, or industrial growth within a town, in accord with principles in a duly adopted town plan.

(23) Acting individually or in concert with other towns, cities, or incorporated villages and pursuant to subchapter 2 of chapter 87 of this title, to incur indebtedness for or otherwise finance by any means permitted under chapter 53 of this title projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17), or to eligible energy efficiency projects undertaken by owners of real property within the boundaries of the town, city, or incorporated village. Energy efficiency projects shall be those that are eligible under section 3267 of this title.

(24) Upon the determination by a municipal building inspector, health officer, or fire marshal that a building within the boundaries of the town, city, or incorporated village is uninhabitable, to recover all expenses incident to the maintenance of the uninhabitable building with the expenses to constitute a lien on the property in the same manner and to the same extent as taxes assessed on the grand list, and all procedures and remedies for the collection of taxes shall apply to the collection of those expenses; provided, however, that the town, city, or incorporated village has adopted rules to determine the habitability of a building, including provisions for notice in accordance with 32 V.S.A. § 5252(3) to the building's owner prior to incurring expenses and including provisions for an administrative appeals process.

(25) To regulate by means of an ordinance or bylaw development in a flood hazard area, river corridor protection area, or other hazard area consistent with the requirements of section 4424 of this title and the National Flood Insurance Program. Such an ordinance or bylaw may regulate accessory dwelling units in flood hazard and fluvial erosion areas. (Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970; amended 1977, No. 61, § 2; 1987, No. 70, eff. June 2, 1987; 1991, No. 108, § 1; 1993, No. 211 (Adj. Sess.), § 15, eff. June 17, 1994; 1997, No. 94 (Adj. Sess.), § 2, eff. April 15, 1998; 1999, No. 82 (Adj. Sess.), § 1; 2001, No. 82 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 63, § 51, eff. June 11, 2003; 2005, No. 173 (Adj. Sess.), § 3, eff. May 22, 2006; 2007, No. 79, § 14, eff. June 9, 2007; 2007, No. 121 (Adj. Sess.), § 19; 2009, No. 45, § 15g; 2009, No. 160 (Adj. Sess.), § 9, eff. June 4, 2010; 2011, No. 53, §§ 14a, 14d(2), eff. May 27, 2011; 2011, No. 138 (Adj. Sess.), § 15, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 8; 2013, No. 16, § 6, eff. May 6, 2013.)

§ 2291a. Renewable energy devices

Notwithstanding any provision of law to the contrary, no municipality, by ordinance, resolution, or other enactment, shall prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. (Added 2009, No. 45, § 15b, eff. May 27, 2009.)

§ 2292. Construction with other laws

The powers enumerated in this subchapter may be exercised by any town, city or incorporated village notwithstanding and in addition to the existence of similar powers under a municipal charter or other provision of law. The validity or enforceability of an ordinance or rule adopted under section 2291 of this title shall not be affected by the existence of a statute, ordinance or rule enacted or adopted under authority other than this subchapter, and relating to the same or a similar subject. (Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970.)

§ 2293. Regulation of condominium conversion; referendum

A town may adopt an ordinance governing the conversion of rental units to condominiums which is supplemental to and not inconsistent with the provisions of subchapter 2 of chapter 15 of Title 27. Such an ordinance shall be submitted to the voters and shall be adopted if approved by a majority of those present and voting. (Added 1985, No. 175 (Adj. Sess.), § 6.)

§ 2294. Missing person complaints and reports; filing required

All law enforcement agencies, including those of municipalities, shall develop and maintain a system for filing missing person complaints and reports forwarded to it under chapter 112 of Title 20. (Added 1985, No. 254 (Adj. Sess.), § 2, eff. June 4, 1986.)

§ 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing and trapping

Except as otherwise provided by law, no town, city or incorporated village, by ordinance, resolution or other enactment, shall directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city or incorporated village under section 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter. (Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.)

§ 2296. Regulation of amateur radio

(a) As used in this section:

(1) "Amateur radio" means the use of amateur radio and amateur satellite radio frequencies and services by qualified and federally authorized persons of any age who are interested in radio technique without pecuniary interest.

(2) "Antenna" means an array of wires, tubing, or the like used for the transmission and reception of radio waves.

(3) "Antenna support structure" means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station. Amateur radio antenna support structures are removable by design and therefore are a removable structure for assessment purposes.

(b) Notwithstanding subdivision 2291(19) of this title, a municipal ordinance regulating amateur radio antenna or amateur radio antenna support structures shall comply with the requirements of 47 C.F.R. § 97.15(b), as amended from time to time, by allowing for the erection of an amateur radio antenna or an amateur radio antenna support structure at a height and dimension sufficient to accommodate amateur radio service communications. (Added 2005, No. 200 (Adj. Sess.), § 2.)

§ 2297. Definitions

As used in this subchapter,

(1) "Solid waste ordinance" means an ordinance adopted pursuant to subdivision 2291(12) of this title.

(2) "Legislative body" means the legislative body of a town, city or incorporated village.

(3) "Respondent" means a person alleged to have violated a solid waste ordinance. (Added 1991, No. 108, § 2.)

§ 2297a. Enforcement of solid waste ordinance by town, city, or incorporated village

(a) Solid waste order. A legislative body may issue and enforce a solid waste order in accordance with this section. A solid waste order may include a directive that the respondent take actions necessary to achieve compliance with the ordinance, to abate hazards created as a result of noncompliance, or to restore the environment to the condition existing before the violation and may include a civil penalty of not more than $500.00 for each violation and in the case of a continuing violation, not more than $100.00 for each succeeding day. In determining the amount of civil penalty to be ordered, the legislative body shall consider the following:

(1) the degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation;

(2) whether the respondent has cured the violation;

(3) the presence of mitigating circumstances;

(4) whether the respondent knew or had reason to know the violation existed;

(5) the respondent's record of compliance;

(6) the economic benefit gained from the violation;

(7) the deterrent effect of the penalty;

(8) the costs of enforcement;

(9) the length of time the violation has existed.

(b) Notice. When the legislative body has reasonable grounds to believe that a person has violated a solid waste ordinance, the legislative body may issue notice of the alleged violation, which shall be delivered to the respondent in person or mailed to the respondent by first class mail or by certified mail, return receipt requested. If mailed by first class mail, the notice is deemed received three days after the date of mailing. A copy of the notice of violation shall be mailed to the Department of Environmental Conservation for information purposes only. The notice of violation shall include

(1) a brief description of the alleged violation and identification of the ordinance alleged to have been violated;

(2) a brief description of the potential enforcement actions which may be taken by the legislative body and the legislative body's probable course of action;

(3) a statement that the respondent has a right to a preliminary hearing before the legislative body and a description of the procedures for requesting a preliminary hearing.

(c) Preliminary hearing. A person who receives a notice of violation shall be offered an opportunity for a preliminary hearing before the legislative body for the purpose of determining whether a violation exists and reviewing the legislative body's probable course of action. The request for hearing shall be made in writing to the clerk of the town, city, or incorporated village no later than ten days after the date the notice of violation is received. The legislative body shall hold a hearing within 14 days of receipt of the request for a hearing.

(d) Proposed order. After a preliminary hearing, the legislative body may issue a proposed order. If no hearing is requested within ten days after the date of receipt of the notice of violation, the legislative body may issue a proposed order at once. A proposed order shall be delivered to the respondent in person or mailed to the respondent by first class mail or by certified mail, return receipt requested. If mailed by first class mail, the order is deemed received three days after the date of mailing.

(e) Contents of proposed order. A proposed order shall include:

(1) a statement that the respondent has the right to request a hearing before the legislative body on the proposed order and the procedures for requesting the hearing;

(2) a statement that the respondent has the right to request a hearing before the Environmental Division after the order has become final and a description of the procedures for requesting a hearing before the Environmental Division;

(3) a statement that filing a request for hearing before the Environmental Division will stop penalties from accruing in the case of a continuing violation;

(4) if applicable, a directive that the respondent take actions necessary to achieve compliance with the ordinance, to abate hazards created as a result of noncompliance, or to restore the environment to the condition existing before the violation;

(5) if applicable, a civil penalty of not more than $500.00 for each violation and in the case of a continuing violation, not more than $100.00 for each succeeding day.

(f) Hearing on proposed order. A person who receives a proposed order shall be offered an opportunity for a hearing before the legislative body, provided that the request for hearing is made in writing to the clerk of the town, city, or incorporated village no later than 15 days after the date of receipt of the order. If the respondent does not request a hearing, the order shall be deemed a final order, and shall be effective on the date of receipt or a later date stated in the order. If the respondent does request a hearing subsequent to receipt of the order, the legislative body shall hold a hearing within 14 days of receipt of the request. After the hearing, the legislative body may withdraw or amend the order and may issue a final order, which shall be delivered or mailed to the respondent in the same manner as proposed orders and which shall be effective on the date of receipt or a later date stated in the order.

(g) Continuing violations. Each day that a violation continues from the effective date of a final order shall constitute a separate violation. However, the filing of a request for hearing with the Environmental Division shall stop penalties from accruing in the case of a continuing violation until the Environmental Division has issued its order.

(h) Effect of imposition of penalty. Imposition of a penalty under this subchapter precludes imposition by the town, city, or incorporated village of any other administrative or civil penalty under any other provision of law for the same violation.

(i) Payment to town, city, or incorporated village. All penalties collected under this subchapter shall be paid to the town, city, or incorporated village whose ordinance is the subject of the violation.

(j) Enforcement. The legislative body may seek enforcement of a final order in the Superior Court or before the Environmental Division. If a penalty is imposed and the respondent fails to pay the penalty within the time prescribed, the legislative body may bring a collection action in the Superior Court. (Added 1991, No. 108, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)

§ 2297b. Hearing by Environmental Division

(a) A respondent may request a hearing on a final order under this subchapter before the Environmental Division established under 4 V.S.A. chapter 27, which shall consider the matter de novo. Notice of a request for hearing shall be filed with the Environmental Division and the municipal clerk within ten days of receipt of the final order.

(b) Notice of a request for hearing before the Environmental Division shall stay the order and payment of the penalty, if imposed, pending the hearing.

(c) If the Environmental Division determines that a violation has not occurred, it shall reverse the order.

(d) The Environmental Division may affirm a directive in an order or, if it finds that the violation exists but the remedies contained in the order are not likely to achieve the intended result, it may modify or vacate and remand the directive.

(e) In determining whether to affirm, modify, or reverse an order for a civil penalty, the Environmental Division shall consider the factors set forth in subsection 2297a(a) of this title.

(f) If the respondent does not request a hearing on a final order within ten days of receipt of the order, the final order shall stand. (Added 1991, No. 108, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)

§ 2299a. Eminent domain; solid waste management districts

(a) A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid waste facilities located on the landfill site, by condemnation as provided in this subchapter.

(b) A solid waste management district may condemn only property, easements or rights in property lying within the boundary of the district at any time after June 28, 1991. However, withdrawal of a municipality from membership in the district before November 1, 1991 shall terminate condemnation proceedings with respect to property, easements and interests in property lying within that municipality.

(c) This subchapter may not be used to condemn property, easements or other rights in property at solid waste management facilities actually operated by any person at any time during the three years before a petition is filed under this subchapter under either transitional authorizations issued on or before August 1, 1987 or interim, provisional or final certifications issued by the agency of natural resources. (Added 1991, No. 109, § 1, eff. June 28, 1991.)