Not every state has legislation governing snow removal. Among the states that do, our research found several common recurring themes: landlords must keep common areas of their properties safe, and that it’s almost always illegal to plow, shovel, or otherwise deposit snow, ice, and slush into roadways off your property.
For this guide, we included laws and ordinances for states that had legislation. Additionally, we’ve included an example of law for a city or county in each state, but the list is not complete. Municipal laws can vary greatly (even in the same state). Therefore, we recommend further researching your local county or municipality laws and ordinances for your specific area of jurisdiction.
No state snow removal ordinances.
17 AAC 10.020. Driveways and approach roads
a) A driveway or approach road constructed under permit within a highway right-of-way is the property of the state, but all cost and liability arising from the construction, operation, or maintenance of a driveway or approach road is at the sole expense of those lands served. The department is not obligated to change its maintenance practices to accommodate a driveway or approach road constructed under a permit, or to incur any additional expense removing snow berms or other obstructions from a driveway or approach road within a right-of-way resulting from the department’s activities, or activities.
Property owners are required to maintain their driveways and in most areas, the approach roads to their properties.
Anchorage Municipal Code 24.80.090: Owner is responsible for snow removal: Around mailboxes, after any new snowfall after each storm, any berms or obstructions created by municipal snow removal activities. Landlords are responsible for keeping all common areas of their properties clear and safe for tenants. Snow should never be plowed or shoveled from driveways, approach roads or walkways onto highways or public roads.
Coconino County Ordinance 2017-11
All motor vehicles should be kept clear of the streets to expedite snow removal operations and to prevent damage to county snowplows or private vehicles. Any motor vehicle parked in a manner that presents an obstacle to efficient snow removal operations may be cited by the Sheriff’s Department and may be towed away and stored at the owner’s expense.
Arizona highway drivers should not park on highway shoulders to get out and play in the snow. Shoulders are for emergency parking only. Most of the snow that falls in Arizona is in Coconino County. The County does not plow private roads and will not remove berms created in driveways by Public Works snow removal activities. The County’s right of way for snow removal vehicles is 30 feet from the center of the road.
Flagstaff City Code 8-03-001-0004:
Removal Required: Any person who owns, leases or occupies a building, lot or parcel of land bordering any public street, avenue, alley, square or other public place within the city shall at all times keep the sidewalks, curbs, and crosswalk ramps abutting upon or adjacent to the building, lot or parcel owned or occupied by them free and clear of any accumulation of snow, ice, or other obstruction. Any such person who fails to remove the snow, ice, or other obstruction from the sidewalks as promptly as reasonably possible, but in any event no later than 24 hours after the accumulation of snow and ice, shall be deemed guilty of a misdemeanor. Such persons are jointly and severally liable for such responsibility, both criminally and administratively. The removal of snow or ice shall mean free of snow or ice for the entire constructed width and length of the sidewalk, except those with a width exceeding 5 feet, which must be cleared to a width of at least 5 feet. The accumulation may be from any source, including snow plows, traffic, precipitation, or drifting.
Additionally, snow should not be moved into city streets or alleyways. In winter, it is illegal to park on city streets and alleys where snow removal operations are taking place. Snow should never be plowed or shoveled from driveways, sidewalks or walkways onto city streets or alleys.
No state snow removal ordinances.
CA Civ Code § 845 (2019)
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
(d) In the event that snow removal is not required under subdivision (a), or under any independent contractual or statutory duty, an agreement entered into pursuant to subdivision (b) to maintain the easement in repair shall be construed to include snow removal within the maintenance obligations of the agreement if all of the following exist:
(1) Snow removal is not expressly precluded by the terms of the agreement, (2) Snow removal is necessary to provide access to the properties served by the easement. (3) Snow removal is approved in advance by the property owners or their elected representatives in the same manner as provided by the agreement for repairs to the easement.
California’s civil code regarding properties and rights and obligations of owners requires them to “maintain it in repair.” This includes snow removal when necessary to provide access to properties served by the easement attached or adjacent to it.
CA Veh Code § 22510 (2019)
(c) The Department of Transportation, with respect to state highways, may restrict the parking or standing of vehicles for purposes of snow removal.
As in most areas in the U.S., vehicles that are parked in snow removal zones on public streets are subject to being ticketed and towed.
South Lake Tahoe City Code 7.05.490 through 7.05.560
Snow removal from city streets in California without a permit is prohibited except for the removal of snow in front of a private driveway/walkway. Snowfall cannot be moved into a city street, should not block drainage structures, fire hydrants, signage, etc. Areas around mailboxes must be cleared. Property owners/occupants must remove clear walkways and sidewalks adjacent to the property within 12 hours of a snow event, and 24 hours if the duration of the snowfall is longer than 24 hours.
CO Rev Stat § 43-5-301 (2016)
This statute applies to all public roads. Colorado property owners, renters, and private snow removal operators may not deposit, shovel, blow, or plow snow onto or next to a public highway or road. Residents in Colorado are responsible for clearing driveways and sidewalks within 24 hours of a snow event to allow safe passage by pedestrians.
City of Denver Municipal Code Sec. § 49-551.1. Cleaning Sidewalks
(a) The owner, occupant or agent of the owner of any building, property, or vacant lot in the city is required to maintain the sidewalks, the parking and the curbs, i.e., the area from the property line to the gutter, adjoining the building, property or vacant lot in a clean condition and to remove snow and ice from adjoining sidewalks immediately after every snowfall. The manager of transportation and infrastructure may adopt rules and regulations necessary for the enforcement of this section. It shall be unlawful to violate the provisions of this section or any rules and regulations promulgated hereunder.
(b)It shall be unlawful for any person to sweep refuse or other waste material (snow) into the gutter.
The City of Denver requires immediate removal of snow by businesses when the snowfall has stopped, and residential properties are required to clear sidewalks within 24 hours.
Connecticut does not have statewide snow removal ordinances, however:
CGS Sec. 7-148 allows municipalities to adopt laws requiring property owners to remove snow and ice on sidewalks with penalties for failing to comply. Under CGS Sec. 7-163a, municipalities may also enact ordinances that will transfer liability for snow and ice on sidewalks to the adjacent property owner.
G.S. § 7-148(c)(6)(C)(v) As an example of typical snow removal laws in Connecticut, this ordinance requires residents/tenants in the Town of Darien CT to remove ice and snow from sidewalks adjacent to their property within 24 hours of a snow event. Snow should not be moved or shoveled into a public road.
Delaware’s Department of Transportation (DelDOT) issued in 1995 aSidewalk and Multi-Use Maintenance Policy. Section II indicates that DelDOT is not responsible for sidewalks that are owned by municipalities, privately owned, in subdivisions, or otherwise under a maintenance agreement with another party. DelDOT’s Complete Streets policy adopted in 2010 created a formal process for local governments in Delaware to adopt policies consistent with the State guidelines.
ARTICLE VII. Sec. 42-416 through 422 of Wilmington’s Code of Ordinances specifies that snow and ice removal must be completed within 24 hours of a snow event, including from gutters to prevent the formation of ice. Snow and ice cannot be pushed or shoveled into streets or roadways. Piles of snow and ice removed from parking lots cannot be piled above 5 feet high without City permission, and piles cannot be placed within 15 feet of a fire hydrant. Order of responsibility for a property is 1) Occupant, 2) Lessee, 3) Owner, 4) Agent.
No state or municipal snow removal ordinances.
GDOT’s Winter Response Plan has increased the amount of snow removal equipment in use in the state, however there are no formal statewide snow removal ordinances.
The City of Atlanta’s Code of Ordinances states in § 138-14 that the occupants and owners of homes and other establishments adjacent to sidewalks must remove ice and snow within a “reasonable time” after the snow event.
No state snow removal ordinances.
ID Code § 18-3907 (2019)
This statute applies to all public roads. Idaho property owners, renters, and private snow removal operators may not deposit, shovel, blow, or plow snow onto or next to a public highway or road.
ID Code § 50-317 (2019) REMOVAL OF SNOW, ICE, RUBBISH AND WEEDS
Cities are empowered to cause all sidewalks and alleys to be cleared of snow, ice and rubbish, and the cutting and removal of trees, weeds and grass, and the removal of rubbish upon and from all private property within the city and the parking within the curbing abutting same, and to assess the cost thereof against the private property so cleared, and against the property abutting the parking, sidewalks and alleys so cleaned.
The City of Boise’s code of ordinances (1952 Code § 9-08-07 2019) Code states that every owner of a building/vacant lot, church, jail, or public building is required to clear snow and ice from sidewalks and gutters adjacent to their property. During a snow event, this has to be completed by 9:00 am each morning and throughout the day. Most other towns and municipalities in Idaho have similar laws and ordinances regarding snow removal.
The Illinois 745 ILCS 75 Snow and Ice Removal Act
Sec. 1: It is declared to be the public policy of this State that owners and others residing in residential units be encouraged to clean the sidewalks abutting their residences of snow and ice. The General Assembly, therefore, determines that it is undesirable for any person to be found liable for damages due to his or her efforts in the removal of snow or ice from such sidewalks, except for acts which amount to clear wrongdoing, as described in Section 2 of this Act.
Sec. 2. Any owner, lessor, occupant or other person in charge of any residential property, or any agent of or other person engaged by any such party, who removes or attempts to remove snow or ice from sidewalks abutting the property shall not be liable for any personal injuries allegedly caused by the snowy or icy condition of the sidewalk resulting from his or her acts or omissions unless the alleged misconduct was willful or wanton.
The City of Chicago’s Municipal Code (4-4-310 & 10-8-180) indicates that property owners and occupants must keep sidewalks clear of snow and ice. The snow that falls between 7:00 am, and 7:00 pm must be removed no later than 10:00 pm, and snow that falls between 7:00 pm and 7:00am must be cleared by 10:00 am. Snow must be cleared for a 5-foot wide path on all sidewalks, including crosswalk ramps. Snow should not be shoveled or moved into the street. Property owners who neglect the responsibility for clearing their sidewalks after snowfall can be reported.
Indiana’s Code § 8-23-6-3 prohibits obstructing roadways, and pushing or shoveling snow could be considered an obstruction.
The City of Indianapolis’s City Code requires property owners and occupants to clear sidewalks adjacent to the property. A 5-foot wide path must be cleared. If the snow stops falling after 7:00 pm, snow and ice must be cleared by 9:00 the next morning. When the snow has stopped falling after 9:00 am, the sidewalk must be cleared by 7:00 pm. Snow should not be pushed into streets, crosswalks, alleys, or near fire hydrants.
IA Code § 364.12 (2019)
b. The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the sidewalks within a reasonable amount of time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice.
The City of Des Moines’s Municipal Code Chapter 114 indicates that parking on residential streets during snow removal is prohibited and vehicles may be ticketed and towed. Residents must properly clear away snow and ice from sidewalks within 48 hours of a snow event. Snow should not be shoveled or pushed into the street or public right-of-way. Violators can be reported to the city.
KS Stat § 58-2553 (2018) Duties of landlord; agreement that tenant perform landlord’s duties; limitations.
(a) Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord’s control, the landlord shall: (2) exercise reasonable care in the maintenance of the common areas;
Kansas does not have a statewide statute regarding snow removal for private property owners, but landlord-tenant laws require landlords to maintain common areas, including snow and ice removal.
The City of Topeka’s code 12.40.010 indicates that snow and ice must be cleared away from sidewalks within 48 hours of a snow event. If ice cannot be removed, placement of sand, cinder, or other material to help make the sidewalk passable can be considered compliance with the ordinance. Owners of multi-family, commercial, and nonresidential properties must follow the same rules. Snow cannot be pushed into the street or parking areas. Most other towns and municipalities in Kansas have similar laws and ordinances regarding snow removal.
Kentucky Revised Statutes Title XXXII. § 383.595. Landlord’s maintenance obligations and agreements
(1) A landlord shall: (c) Keep all common areas of the premises in a clean and safe condition;
Kentucky does not have a statewide statute regarding snow removal for private property owners, but landlord-tenant laws require landlords to maintain common areas, including snow and ice removal.
The City of Lexington-Fayette Code of ordinances, section 12-8.4, indicates that the owner of the property abutting any sidewalk should clear the sidewalk after any snow event with an accumulation of four or more inches, within twenty-four hours of the snow event. A walkway with accumulation that is endangering public health and safety is considered a nuisance and subject to fines and city abatement.
No state or municipal snow removal ordinances.
29-A ME Rev Stat § 2396 (2019)
A person may not place and allow to remain on a public way snow or slush that has not accumulated there naturally.
This statute applies to all public roads. Maine property owners, renters, and private snow removal operators may not deposit, shovel, blow, or plow snow onto or next to a public highway or road.
The City of Portland’s City Code Sec. 25-172 indicates that residential property owners or managers are responsible for properly clearing away snow and ice from sidewalks adjacent to their property, creating a four-foot-wide path. This has to be completed within 18 hours of the end of the snow event or 18 hours after the city has finished its snow removal. Owners of properties adjacent to a sidewalk containing a curb cut or leading to an intersection must clear snow to create a path four feet wide through the curb cut or to the curb at the junction for street and ADA ramp access.
Commercial properties are responsible for removing snow and ice from adjacent sidewalks within 12 hours of the end of snowfall, with the same requirements regarding curb cuts and ADA ramps. Areas of ice that are too thick or dangerous to remove must be sanded.
Maryland does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws.
Baltimore County’s Code § 18-3-107 indicates that any individual or institution occupying or using a residential, industrial or commercial building is required to remove snow and ice from sidewalks adjacent to that property. Snow may not be shoveled into gutters or the street. If the responsible party does not remove snow and ice, the county will do so at the expense of that person or business. Additional unpaid expenditures will result in a lien on the property.
MA Gen L ch 85 § 7b (2019)
Section 7B. No person other than an employee in the service of the commonwealth or any political subdivision thereof or an employee in the service of an independent contractor acting for the commonwealth or any such subdivision shall pile, push or plow snow or ice onto a state highway so as to impede the flow of traffic on such way. Whoever violates this section shall be punished by a fine of not more than one hundred and fifty dollars.
MA Gen L ch 40u § 5 (2019)
Section 5. A municipality shall by ordinances and by-laws provide for the removal of snow and ice from sidewalks within such portions of the municipality as they consider expedient by the owner of land abutting such sidewalks. Such ordinances and by-laws shall determine the time and manner of removal and shall affix penalties, not exceeding $200, for each such violation. Such ordinances and by-laws shall be specific as to the width of the area to be cleared and the standards for clearance.
Massachusetts’ State Sanitary Code, 105 CMR 410.452 Safe Condition
The owner shall maintain all means of egress at all times in a safe, operable condition and shall keep all exterior stairways, fire escapes, egress balconies and bridges free of snow and ice, provided, however, in those instances where a dwelling has an independent means of egress, not shared with other occupants, and a written letting agreement so states, the occupant is responsible for maintaining free of snow and ice, the means of egress under his or her exclusive use and control.
The City of Boston’s Snow Removal Ordinances require sidewalks and curb ramps of snow within three hours once the snow has stopped falling. A path 42 inches wide must be cleared. Snow and ice cannot be pushed or shoveled into the street. Each day that snow removal isn’t carried out is considered a separate violation.
MI Comp L § 257.677a
(4) A person shall not deposit, or cause to be deposited, snow, ice or slush on any roadway or highway.
MI Comp L § 554.139 (2019)
(1) In every lease or license of residential premises, the lessor or licensor covenants: (a) That the premises and all common areas are fit for the use intended by the parties, and (b) To keep the premises in reasonable repair during the term of the lease or license…
The City of Dearborn’s Sidewalk Snow Removal Ordinance (City Code, Sec Sec.13-2(32), Sec.13-71, 13-5.1) requires residents and property owners to keep sidewalks and ramps to crosswalks clear of snow and ice. The City considers these areas unsafe if there are more than three inches of snow or ice present. Property owners and occupants have up to 24 hours after a snow event to remove snow and ice accumulations. Snow berms or accumulation on a property’s sidewalks thrown by a snowplow or other city snow removal operations is also the responsibility of the property owner.
MN Stat § 504B.161 (2019)
Subd 1. Requirements. (a) In every lease or license of residential premises, the landlord or licensor covenants: (1) that the premises and all common areas are fit for the use intended by the parties. (2) to keep the premises in reasonable repair during the term of the lease or license…
Subd. 2. Tenant maintenance. The landlord or licensor may agree with the tenant or licensee that the tenant or licensee is to perform specified repairs or maintenance, but only if the agreement is supported by adequate consideration and set forth in a conspicuous writing. No such agreement, however, may waive the provisions of subdivision 1 or relieve the landlord or licensor of the duty to maintain common areas of the premises.
MN Stat § 160.2715 (2019)
(a) Except for the actions of the road authorities, their agents, employees, contractors, and utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to: (1) obstruct any highway or deposit snow or ice thereon.
The City of Minneapolis Snow Removal Ordinance requires that property owners clear sidewalks after a snow event within 24 hours for single-family homes or duplexes and within four daytime hours for apartment and commercial buildings. Snow, slush, and ice should be cleared from the width of the sidewalk, at curb cuts at the corners, and crosswalk entrances to the street gutter. Snow and ice should be removed down to the bare pavement. The areas around garbage bins and mailboxes should be cleared as well. Free sidewalk sand is offered to Minneapolis residents.
There are no state laws or ordinances for snow removal in Mississippi.
There are no state laws or ordinances for snow removal in Missouri.
The City of Columbia’s Code of Ordinances Sec. 24-12 indicates that all persons occupying or owning properties are required to keep the sidewalks adjacent to clear of snow, ice, and any other obstructions.
2005 Montana Code Annotated – 70-24-303 — Landlord to maintain premises
(1) A landlord: (c) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) shall keep all common areas of the premises in a clean and safe condition.
(4) A landlord and tenant of a one-, two-, or three-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (a) the agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; (b) the work is not necessary to cure noncompliance with subsection (1)(a); and (c) the agreement does not diminish the obligation of the landlord to other tenants in the premises.
MT Code § 61-8-365 (2017)
A person may not throw or deposit upon a highway any substance likely to injure a person or animal or damage a vehicle upon the highway.
Snow, slush, and ice should never be moved onto roadways or highways.
The City of Bozeman’s Municipal Code for Sidewalk Snow Removal indicates that every owner of property or land adjacent to a paved sidewalk is required to remove and clear away snow and ice by 9:00 am of the next business day, noon the next non-business day, or within four business hours of the end of the snow event, whichever is shorter. If the property owners do not maintain their sidewalks, the city will hire a contractor to complete the task at the expense of the owner.
NE Code § 15-734 (2018)
The owner of property abutting on public streets is hereby primarily charged with the duty of keeping and maintaining the sidewalks thereon in a safe and sound condition, and free from snow, ice, and other obstructions; and in default thereof, upon notice to such abutting property owner as hereinafter provided, such abutting property owner shall be liable for injuries or damages sustained by reason thereof. The city is… given full power to require owners of abutting property to keep and maintain the sidewalks thereof in a safe and sound condition and free from snow, ice, and other obstructions, and to require such abutting property owners to construct and maintain the sidewalks of such material and of such dimensions and upon such grade as may be determined by the council.
The City of Omaha’s Municipal Code indicates that it is the responsibility of the occupant and the owner of a property, a lot of land or other real estate to remove all snow, slush, and ice from sidewalks adjacent to the property within 24 hours of the City’s completion of snow removal operations. Fire hydrant, mailboxes, and mailboxes must be kept clear.
NV Rev Stat § 266.275 (2019)
The city council may: 3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
NV Rev Stat § 278.02313 (2019)
2. The provisions of subsection 1 do not prohibit a governing body from: (d) Requiring, by ordinance, owners of property to be responsible for the general maintenance of a sidewalk in the public right-of-way that abuts the property of the owner, including, without limitation, sweeping, removal of snow, ice and weeds, and maintenance of any grass, shrubs or trees that encroach on the sidewalk.
NV Rev Stat § 118B.090 (2019)
1. The landlord shall: (a) Maintain all common areas of the park in a clean and safe condition; (d) Maintain all driveways within the park and sidewalks adjacent to the street; and (e) Remove snow from the sidewalks and streets within the park, and from sidewalks adjacent to the street.
Washoe County’s Code 85.360-85.370 requires a property owner or occupant to remove all ice, slush, and snow from the sidewalks adjacent to their property, building, lot, land, or other real estate. Violation constitutes a misdemeanor. Property owners must keep their mailboxes clear.
New Hampshire does not have a statewide law regarding snow removal. Municipalities are responsible for the maintenance of sidewalks, including snow and ice removal. They are also responsible for moving vehicles from snow removal zones that NHDOT clears.
NH Rev Stat § 231:62 (2019)
Unless the town votes to establish a board of public works commissioners under RSA 38-C to perform the duties of highway agents, at the annual meeting…one or more highway agents…shall have charge of the construction, maintenance, and repair of all town highways and bridges and the maintenance and repair of all sidewalks within the town, except as provided in the laws pertaining to state aid for highways and bridges and town road and bridge aid, and shall have authority to employ the necessary men and equipment…and they may remove gravel, rocks, or other materials.
Municipalities in New Hampshire have a duty to maintain Class IV and V roads. This includes the bridges and sidewalks. Winter maintenance must include plowing, salting, and sanding. There are additional ordinances regarding maintenance and how snow may be removed. While the municipalities are responsible for removing snow from these roads and sidewalks, the situation will change if somebody has illegally pushed, blown, shoveled or otherwise moved snow onto a roadway.
NH Rev Stat § 231:113 (2019)
The highway agent, under the direction of the mayor and aldermen of a city or the selectmen of a town shall have charge of the repair of all sidewalks therein constructed under the provisions of this subdivision, and such sidewalks shall be maintained, repaired and reconstructed by the city or town in which they are located without further assessment to the abutting owner.
NH Rev Stat § 236:19-20(2019)
Any person who shall put or place or cause to be put or placed any snow or ice upon the surface of the traveled portion of any class I, class III, or class III-a highway or state maintained portion of any class II highway for any purpose, except to provide a place necessary for crossing, recrossing and traveling upon said highways by sleds, logging or farm equipment, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. The provisions of this section shall not apply where snow or ice is pushed across the traveled surface of said highways for the purpose of snow removal from land adjoining said highways.
New Jersey does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws. However, commercial landowners are required to maintain abutting public sidewalks.
NJ Rev Stat § 40:65-12.1 (2018)
The governing body may make, amend, repeal and enforce ordinances to compel the owner or tenant of any lands abutting upon the public highways of the municipality, to remove all snow and ice from the abutting sidewalks and gutters of such highways within twelve hours of daylight after the same shall fall or be formed thereon.
NJ Rev Stat § 40:65-12.1 (2018)
b. On or before the first day of the twelfth month next following the operative date of P.L.2015, c.71 (C.40:65-12.1 et seq.), the governing body of every municipality may: (2) adopt an ordinance or resolution, as applicable, requiring the owner of any real property abutting any fire hydrant to clear such fire hydrant of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director; or (3) adopt an ordinance or resolution, as applicable, directing the municipality itself, or any department thereof, to clear all fire hydrants of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director.
NJ Rev Stat § 40:65-14 (2018)
Any municipality may prescribe by general ordinance in what case curbs and sidewalks shall be constructed, repaired, altered, relaid or maintained at the expense of the abutting landowners
The City of Jersey City’s Snow Removal Regulations mandate that owners or managers of residential properties are obligated to remove snow from sidewalks adjacent to the property within 8 hours of the snow event. If snow fell during the night, it must be removed within 8 hours of sunrise. Owners or managers of commercial properties are required to remove snow and ice within 4 hours.
New Mexico does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws.
NM Stat § 3-49-1 (2018)
A municipality may lay out, establish, open, vacate, alter, repair, widen, extend, grade, pave or otherwise improve streets; including, but not necessarily limited to median and divider strips, parkways and boulevards; alleys, avenues, sidewalks, curbs, gutters and public grounds, and may: E) require the owner or occupant of any premise to keep the sidewalk, along the premise, free from any snow or other obstruction;
City of Santa Fe City Code 23-1.8 – Removal of snow and ice from sidewalks.
A. The owners, agents or occupants of any property shall keep the sidewalks and gutters in front of and adjoining such property clean of snow and ice and after any fall of snow shall cause snow and ice to be immediately removed from the sidewalks and gutters fronting and adjoining their respective lots or parts of lots; provided that snow and ice not be placed in the street.
B. On the failure of any persons named above to remove snow and ice from the sidewalks and gutters, the proper city officials may cause such snow and ice to be immediately removed by laborers employed by the city; in such event, the costs and charges of removing the snow and ice shall become a lien and charge against the premises, to be paid on demand to the city clerk by the person failing to observe the provisions of paragraph A of this subsection.
New York does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws. Some cities plow their sidewalks, such as Rochester, NY.
The City of New York’s Administrative code indicates that every owner, lessee, tenant, occupant, or manager must clean slush, snow, and ice from sidewalks adjacent to their properties. If the snow stops falling between 7:00 am and 4:49 pm, snow must be cleared within 4 hours. Between 5:00 pm and 8:59 pm, snow must be removed within 14 hours. If the snow stops falling between 9:00 pm and 7:00 am, snow must be cleared by 11:00 am the next day. Snow should not be pushed into the street or crosswalks. The owner of a property adjacent to a fire hydrant is responsible for keeping the hydrant clear of snow. Residents have the option to report sidewalks that have not been cleared, and those who do not comply can face fines up to $350.00.
North Carolina does not have specific laws regarding snow removal from sidewalks around residential properties and state law does not currently allow towns and counties to compel owners to remove snow from sidewalks and driveways adjacent to their properties. Some municipalities request it in their codes of ordinances.
NCDOT’s Snow Clearing Policy indicates that they do not remove snow and ice from sidewalks, driveways, or driveway entrances.
N.D. Cent. Code § 40-29 Duty of property owners to maintain sidewalks.
The owner of any lot or parcel of land adjoining any street, lane, or alley in any incorporated municipality shall construct, reconstruct, and maintain in good repair such sidewalks along the street, lane, or alley adjacent to the owner’s lot or parcel of land as have been constructed by the municipality or as have been ordered constructed by ordinance. Such sidewalks shall be of the material and width and upon the place and grade specified in the ordinance.
If snow and ice are not removed from sidewalks within the time and in the manner provided by the ordinances of the municipality, the snow and ice may be removed by or under the direction of the street commissioner and the necessary expense thereof shall be chargeable against the abutting property. Annually, on or before May first, the street commissioner shall make and file in the office of the city auditor a list showing separately the amount chargeable and assessed against each lot and tract and stating the name of the owner of each such lot or tract so far as known to the street commissioner.
City of Fargo Code of Ordinances Ch. 18-0301
The owner or occupant of any building or grounds within the city fronting upon or adjoining any street, when a sidewalk exists, shall clear the sidewalk in front of or adjoining such building and grounds or unoccupied lot or building, as the case may be, of snow and ice to the width of such sidewalk on or before nine o’clock p.m.
If the owner or occupant shall refuse or fail to remove such snow and ice by nine o’clock p.m. of each day and cause the sidewalk to be kept clear of snow and ice, the director of public works may remove, or cause to be removed, all snow and ice from the sidewalks along or in front of any buildings, grounds or premises, and the necessary costs and expenses of such removal of snow and ice by the director of public works shall be chargeable and assessed against, and shall be a lien upon such premises
The State of Ohio does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws. However, most municipalities and cities have ordinances requiring it. Additionally, if the efforts to remove the ice and snow have made the sidewalk or walkway more hazardous, the property owner may become liable.
City of Dayton’s Code of Ordinances, Sec.95.17-18
It shall be the duty of the owner or of the occupant of each and every parcel of real estate in the city abutting upon any sidewalk, to keep the sidewalk abutting his premises free and clear of snow and ice, and to remove therefrom all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after the abatement of any storm during which the snow and ice may have accumulated.
The State of Ohio does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws.
City of Bartlesville’s Code of Ordinances Sec. 17-87. – Sidewalks in business district.
Any owner, occupant, or person in charge of any house, building, or lot, or other premises in the business and industrial districts of the city who permits snow or ice to form upon, or to accumulate upon, the sidewalk or curbing in front or alongside thereof, and fails, neglects, or refuses to remove the same is guilty of maintaining and permitting a nuisance.
The State of Oregon places the liability for snow or ice-related injuries on the property owner. Municipalities and cities have more specific ordinances regarding the amount of time a property owner has before being cited.
OR Rev Stat § 90.320 (2017)
(1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. Buildings, grounds, and appurtenances at the time of the commencement of the rental agreement (should be) in every part safe for normal and reasonably foreseeable uses
The City of Portland’s City Code 17.28.025
A. The owner(s) and/or occupant(s) of land adjacent to any street in the City shall be responsible for snow and ice removal from sidewalks abutting or immediately adjacent to such land, notwithstanding any time limitations.
B. Property owner(s) and/or occupant(s) shall be liable for any and all damages to any person who is injured or otherwise suffers damage resulting from failure to remove snow and/or ice accumulations.
C. Property owner(s) and/or occupant(s) shall be liable to the City of Portland for any amounts paid or incurred consequent from claims, judgment or settlement, and for all reasonable investigation costs and attorney fees, resulting from the responsible property owner’s or occupant’s failure to remove snow and ice accumulations from such sidewalks as imposed by this Code.
Pennsylvania State Law indicates the local municipality or property owner is responsible for the maintenance of sidewalks.
City of Philadelphia Code 10-720
The owner, agent, and tenants of any building or premises shall clear a path of not less than 36 inches in width on all sidewalks abutting the building or premises within 6 hours after the snow has ceased to fall … Where the width of any pavement measured from the property line to the curb is less than 3 feet, the path cleared may be only 12 inches in width
RI Gen L § 31-22-9 (2018)
(a) No person shall in removing snow from any driveway, public or private, leave the snow in any condition so as to constitute a hazard on the highway.
§ 34-18-22 Residential Landlord and Tenant Act
(a) A landlord shall: (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition. c) The landlord and tenant of a dwelling unit may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations and remodeling but only if: (1) The agreement of the parties is entered into in good faith and set forth in a writing signed by the parties and supported by adequate consideration; (2) The work is not necessary to cure noncompliance with subsection (a)(1) of this section; and (3) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
Providence Code of Ordinances § 23-13-Removal of snow and ice—Required
(a)All owners or persons having care of any property bordering any street, highway or public place within the city, shall, within the first eight (8) hours of daylight after the end of any snowfall, or the fall or deposit of snow or ice on the sidewalk of said property, from any cause whatsoever:(1)Remove or cause to be removed all snow or ice from a path not less than three (3) feet in width the length of the sidewalk of the entire border in or on said street, highway, or public place, including from any pedestrian access ramps cut into street curbs bordering said property and, for corner lots, from the portion(s) of the sidewalk extending past the property to and including the street curb, and provide for the treatment of any snow or ice remaining on any shoveled sidewalk, with sand, salt or other suitable material;(2)Remove or cause to be removed all snow or ice from around any fire hydrant on the sidewalk bordering said property; and(3)Remove or cause to be removed all snow or ice from the opening of any catch basin bordering the sidewalk of said property.
No state snow removal ordinances.
South Dakota does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws.
The City of Sioux Falls Code § 96.100 to § 96.105 indicates that the owner or occupant is required to remove any snow or ice from the sidewalk within 48 hours of the snow event. Snow must not be pushed or shoveled into the street after the City has completed snow removal operations. Any sidewalk which ends at an intersection or crosswalk must also be cleared to the edge of the street.
The State of Tennessee does not have a law compelling owners to remove snow and ice from their properties and sidewalks, provided the snowfall accumulated naturally. The state empowers municipalities and governing bodies to determine ordinances and laws.
The City of Knoxville’s Nuisance Ordinance
Property owners and/or occupants are responsible to clear sidewalks of snow, debris and/or any other obstructions. (It is also illegal to park on a sidewalk). Property owners and occupants have twenty four (24) hours after a snowstorm to clear the sidewalk of snow.
Texas does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws.
City of Dallas Code of Ordinances Volume 2, Article VI Sec. 43-96
SEC. 43-96. REMOVAL OF SNOW AND ICE FROM SIDEWALKS REQUIRED.
(a) Every owner, lessee, tenant, occupant or other person having charge of any building or lot abutting upon any public way or public place shall remove the snow and ice from the sidewalk in front of the building or lot. (b) Snow and ice which falls or accumulates before 4:00 p.m. during any day, except Sunday, shall be removed within three hours after the snow or ice has fallen or accumulated. Snow and ice which falls or accumulates on a Sunday or after 4:00 p.m. and during the night on any other day shall be removed before 10:00 a.m. the following day. (Ord. Nos. 3314; 19398)
SEC. 43-97. COVERING SNOW AND ICE WITH SAND, ASHES, ETC.
If the snow and ice on the sidewalk is frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or the person having charge of any building or lot shall, within the time specified in this article, cause the sidewalk abutting on the premises to be strewn with ashes, sand, sawdust or other similar suitable materials and shall, as soon as the weather shall permit, thoroughly clean the sidewalk.
SEC. 43-98. WHERE REMOVED SNOW AND ICE TO BE PLACED.
Removed snow and ice shall be uniformly distributed parallel to the curb and in the gutters where there is no parkway. When a parkway exists between the curb and sidewalk, the snow and ice may be uniformly distributed on the parkway; provided that no snow or ice shall be so placed at crosswalks which must be left open and free of removed snow and ice.
SEC. 43-98.1. CAUSING ICE TO FORM ON STREETS AND ALLEYS.
(a) A person commits an offense if he uses water, or allows the use of water under his control, in a manner that causes the water to collect on the roadway of a public street or alley and form ice. (b) A person violating Subsection (a) of this section shall pay the city for all costs incurred by the city in removing or covering the ice on the roadway of the public street or alley, including, but not limited to, the costs of labor, equipment, and ashes, sand, sawdust or other material used to cover the ice. (Ord. 19398)
Utah does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws. Unless UDOT has a written agreement, the State will not remove snow from sidewalks, overhead crosswalks, parking lots, driveways, sidewalks, and pedestrian trails.
City of Provo City Code:
(1) Debris. It shall be unlawful for the owner, tenant or lessee of property to fail or refuse to sweep, clean or otherwise remove debris from sidewalks contiguous to said property as is necessary to prevent an unsightly, deleterious or dangerous condition for pedestrian traffic.
(2) Snow or Ice. (a) It shall be unlawful for the owner, tenant or lessee of property to fail or refuse to remove snow or ice from the sidewalks contiguous to said property at any time that the average snow depth exceeds one (1) inch, or when snow or ice on the sidewalk presents an unreasonably dangerous condition. (b) It shall be unlawful for any person to push, pile or place snow or ice so that it unreasonably obstructs or blocks driveways or streets or blocks the visibility of motorists or otherwise creates a dangerous condition for pedestrian or vehicular traffic. This Subsection (2)(b) of this Section shall not apply to snow or ice removal activities by Provo City.
Vermont does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws and many of these towns are responsible for removing snow and ice from sidewalks within their jurisdictions.
24 V.S.A. § 2291 For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers: (2) To provide for the removal of snow and ice from sidewalks by the owner, occupant, or person having charge of abutting property.
9 V.S.A. § 4457
(a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and which comply with the requirements of applicable building, housing, and health regulations.
City of Burlington Code
27-85 Each person owning a building from which snow, ice or water slides or falls, or may slide or fall, upon a street or sidewalk shall put and maintain such guards upon the roof of the building as will prevent snow, ice or water from sliding or falling therefrom upon the street or sidewalk.
27-86-The occupant, tenant, or in case there shall be no occupant, the owner, agent or person having the care of land or buildings bordering on a street, square or other public place where there is an awning or shade shall, after snow ceases to fall, cause the snow to be removed from such awning or shade within four (4) hours if in the daytime and by 12:00 noon of the following day if in the nighttime.
All landscaping be built at least 12” from the sidewalk in order to minimize damage to private and city property. Burlington Public Works will not be responsible for any damages to landscaping or fences that are within 12” of the sidewalk. While great care is taken not to damage the tree or shrubbery, the property owner must maintain 10 the vegetation so it does not impede the right of way. While the City equipment may damage the vegetation, the trees and shrubbery may also damage the equipment. The department will not be responsible for any damage to any plantings encroaching on the right of way.
Virginia does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws and many of these towns are responsible for removing snow and ice from sidewalks within their jurisdictions.
VA Code § 55-248.13 (2018)
A. The landlord shall: 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; 3. Keep all common areas shared by two or more dwelling units of a multifamily premises in a clean and structurally safe condition.
Landlords are responsible for removing a natural accumulation of snow and ice from walkways and sidewalks.
Arlington County Code Chapter 7
§ 27-24. Snow and ice removal
The County Board of Arlington County hereby finds that the unabated accumulation of snow and ice on public property threatens the public health, safety and welfare of the community, and constitutes a public nuisance unless abated in accordance with the requirements of this Section. (A) It shall be the duty of the owner, occupant or other person or entity in charge of any occupied property in the County which is adjacent to any public sidewalk to remove or cause to be removed snow or ice from the entire width of such sidewalk, including any adjacent curb-cut, up to a maximum width of thirty-six inches, and if the same cannot be wholly removed, shall apply thereon sand or other proper substance so that such sidewalk shall be safe for public travel. (B) Snow or ice below six (6) inches shall be removed within twenty-four (24) hours, and six (6) inches or above shall be removed within thirty-six (36) hours of the cessation of such snowfall or freezing.
§ 27-25. Deposit of snow and ice on streets or sidewalks
No person shall plow, shovel or blow any snow or ice from private property onto a public street, crosswalk, transit stop, sidewalk or any public property. (B) Any person convicted of violating this section shall be guilty of a class 4 misdemeanor. Every day’s continuance of the violation shall be deemed a separate offense. (C) Notwithstanding subsection B, the County may remove any snow or ice which has been moved into the public right-of-way pursuant to subsection A, and recover abatement costs against the owner or other person or entity in charge of maintenance of the property, in addition to the criminal penalty under subsection B
WA Rev Code § 47.24.020 (2018)
The jurisdiction, control, and duty of the state and city or town with respect to such streets is as follows: (6) Except as otherwise provided in subsection (17) of this section, the city or town at its own expense shall clean all such streets, including storm sewer inlets and catch basins, and remove all snow, except that the state shall when necessary plow the snow on the roadway.
WA Rev Code § 59.18.060 (2018)
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident
City of Seattle Municipal Code 15.48.010 – Snow and ice removal.
It is the responsibility of the owner or occupant of private property to remove snow and ice on the sidewalks abutting his or her property in a timely manner and, if practical, prevent its becoming or remaining in an icy, ridged, uneven or humped condition or in a condition which is potentially hazardous to users of the public sidewalks. Property owners are responsible for maintaining the sidewalks adjacent to their property. They must make sure snow and ice does not pose a hazard to pedestrians. They must also repair cracks and other damage. Property owners are responsible for any unopened street areas next to their property. Property owners also maintain unpaved or unopened alleys, and alleys not paved to City standards.
West Virginia does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws regarding snow removal.
WV Code § 37-6-30 (2019)
With respect to residential property: (a) A landlord shall: 1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and(3) In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants.
Charleston, WV Code of Ordinances Article I Sec. 102-11. – Removal of snow and ice.
It shall be the duty of each individual person, incorporated society, public institution or other corporation using or occupying in any manner or for any purpose whatsoever any house, store, shop, stable or tenement of any kind, and all persons having charge of churches and public buildings of every description, and the owners of unoccupied houses and unimproved lots situated on any paved street in the city, and of their agents, within three hours after the fall of any snow (unless the snow shall have fallen between the hours of 6:00 p.m. and 6:00 a.m., in which case it shall be removed before 11:00 a.m.), or in the case of the formation of any ice on the sidewalk, to remove or clear the snow and ice away, or cause it to be removed or cleared away from the pavements or sidewalks fronting the residences, stores, houses, churches, stables, buildings or lots so used, occupied or owned by them or under their charge, in such manner as to leave the sidewalk clean and free from snow and ice, and in such manner as not to obstruct the passage of the water in the gutters; and it shall further be the duty of such persons or their agents to keep the gutters leading to and the pavements or sidewalks situated in the front or at the rear or side of the tenements free from snow and ice and every obstruction, and free from dirt, trash and filth.
Wisconsin does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws regarding snow removal.
Madison Code of Ordinances 10.28 SNOW AND ICE TO BE REMOVED FROM SIDEWALKS
(1)The owner of each lot or part of lot shall remove all snow and ice upon the sidewalk abutting the premises which he or she owns not later than 12:00 noon of the day after the snow or ice has accumulated on the sidewalk, regardless of the source of accumulation. The owner of property abutting sidewalks on two intersecting streets shall remove all snow and ice from the sidewalks of both streets, including that portion of the sidewalks bordering the crosswalk, including the curb ramp, if any, regardless of the source of the snow accumulation. Provided that when ice has so formed upon any sidewalk that it cannot be removed, then the owner shall keep the same effectively sprinkled with sand or other suitable substance in such manner as to prevent the ice from being dangerous, until such time as it can be removed, and then it shall be promptly removed.
Wyoming does not have specific laws regarding snow removal from sidewalks around residential properties. The state empowers municipalities and governing bodies to determine ordinances and laws regarding snow removal.
Cheyenne City Ordinance 8.60.090
A. Sidewalks: Snow, ice or slush on a sidewalk is a nuisance, whether the sidewalk is on a vacant lot or a lot containing a building of any kind. For purposes of this subsection, sidewalk includes any space where a sidewalk should or may be constructed. In the event of a dispute as to where a sidewalk should or may be constructed, the chief of police shall make the determination. Owner(s) and/or, if appropriate, the occupant(s) of property abutting a sidewalk shall within a twenty-four (24) hour period, after a snowfall, remove snow, ice or slush from such sidewalks and maintain them free of the same. If any owner(s) and/or, if appropriate, the occupant(s) of the property fails to comply with this subsection, the nuisance officers may, after a reasonable effort to contact the owner and/or occupant either in person or by telephone, have the snow, ice or slush removed and charge the owner(s) and/or, as appropriate, the occupant(s) for the costs thereof as set forth in Section 8.60.160.
B.Piling of Snow, Ice or Slush in Streets: The piling of snow, ice or slush from sidewalks, parking areas and driveways in a manner that creates an unreasonable hindrance or safety hazard to pedestrians or vehicles in the public streets is a nuisance. If any owner(s) and/or, if appropriate, occupant(s) of property violate, or permit the violation of, this subsection, the nuisance officers may, after a reasonable effort to contact the owner and/or occupant either in person or by telephone, abate such nuisance and charge the owner(s) and/or occupant(s) for the costs as set forth in Section 8.60.160. This subsection does not apply to properties with zero foot setbacks in the central business district zone.