Case Study: Owner Non-Compliance with Historic Preservation Law Delays Bridge Project in Vermont (2020)
Project Overview
• Name: Green River Covered Bridge Replacement
• Location: Guilford, Vermont
• Year: 2020
• Project Size: $24 million
• Scope: Demolition and replacement of historic covered bridge with flood-resistant structure
• Lead Agencies/Contractors: Vermont Agency of Transportation (VTrans), Federal Highway Administration (Owner) /
Category of the Issue, Problem, or Challenge
• Contract Owner
• Regulatory Compliance (NEPA, Section 106)
Summary of the Issue, Problem, or Challenge
Construction began before the Section 106 historic preservation process was fully completed. Legal challenges forced a shutdown just days after demolition started.
Root Cause Analysis
- Owner agency misjudged requirement for consulting with historical societies.
- Failure to document mitigation plans for cultural heritage impacts.
- NEPA and Section 106 processes were not fully harmonized.
Impacts Due to the Issue, Problem, or Challenge
- Legal injunction halted construction for 4 months.
- Temporary bridge required for detour, increasing costs by $2.7 million.
- National media attention and community backlash.
Corrective Actions Taken
- VTrans retrained staff on federal preservation law compliance.
- Project development flow was restructured to prevent NTP before environmental clearance.
- Mitigation agreements with historical agencies became standard protocol.
Lessons Learned
- Owners must comply with federal historic and environmental regulations before work begins.
- Early engagement with stakeholders reduces legal and reputational risk.
- Regulatory coordination must be integrated into early project planning.
Audit & Prevention: Project Control Questions to Ask on Future Projects to Help Control the Situation
- Has the project received full environmental and cultural clearance before construction?
- Are all required federal and state agencies formally consulted?
- Is there documentation of stakeholder agreements on mitigation?