Can we make abutters clear snow and ice from the sidewalk in front of their property?
A. No. Sidewalks on public roads must be maintained and repaired by the municipality at no additional cost to the abutters. State v. Jackman, 69 N.H. 318 (1898); RSA 231:113. Interestingly, an older statute (RSA 47:17, VII) says that municipalities may require abutters to clear snow and ice from the sidewalks in front of their buildings. However, the New Hampshire Supreme Court has held that, under the state constitution, abutters cannot be required to perform or pay for maintenance above the ordinary obligation of all citizens to pay taxes. State v. Jackman, 69 N.H. 318 (1898); see also Ritzman v. Kashulines, 126 N.H. 286 (1985); Rutkauskas v. Hodgins, 120 N.H. 788 (1980). Q. What if the abutters put the snow or ice on the sidewalk or road in front of their property? A. If the abutters caused the problem, the answer may be very different. An abutter might, for instance, blow snow onto the sidewalk or into the road, or create runoff from melting snow on a roof that flows onto the sidew
Related Questions
- The changes to the Snow and Ice Removal code require the property owner to clear snow around fire hydrants. What if the hydrant is located on the property line between me and my neighbor?
- Who has to remove the snow and/or ice off the sidewalk in front of my house?
- How Do You Clear Sidewalks Of Ice And Snow?
