NEWS
Legal Eagle - Snow & Tell: Winter Storms and Snow Removal
This winter has shown New Yorkers a glimpse from old winters past. What regulations help guide the requirements to keep our roads and sidewalks clear and safe? State laws and regulations cover general safety and liability as to snow removal, but each town, village, and city sets its own rules for when and how fast sidewalks need to be cleared. This week we focus on the basics and give you practical tips to meet your responsibilities and lower your risk of a snow-related incident.
There isn’t a single statewide rule that tells homeowners exactly when to shovel sidewalks. Each town or city sets its own deadlines. Some want sidewalks cleared a few hours after the snow stops, while others give you until the next morning. Even though these are local rules, state law still matters because it says property owners must keep their property reasonably safe. In winter, that usually means taking care of snow and ice soon after a storm ends.
One important rule in New York is the “storm in progress” rule. Homeowners usually don’t have to remove snow or ice while a storm is still happening or if there’s mixed precipitation. You’re generally only responsible after the storm stops and you’ve had a reasonable amount of time to act. For example, if freezing rain lasts all afternoon, you don’t need to salt the walk every hour. But if the storm ends at 6 p.m. and you haven’t shoveled or salted by the next morning, your duty to do so has likely already arisen.
New York uses pure comparative negligence, so responsibility for a slip-and-fall can be shared. Even if someone wasn’t paying attention, you could still be partly at fault if you waited too long to clear snow or made things more dangerous. On the other hand, if you shovel, use ice melt, and check for refreezing, you can lower your risk.
Homeowners specifically should be careful not to make things worse. New York law can hold you responsible if you create or add to a dangerous situation. For example, piling snow where it blocks a driveway view, letting meltwater run across a sidewalk where it can freeze again, or making a path so smooth it turns to ice can all raise the risk. It’s best to move snow to places with good drainage, use ice melt as directed, and check back to break up any refreezing.
Vehicle safety is also important under state law. New York doesn’t have a law just for “snow-capped sedans,” but traffic laws do ban driving with blocked windshields or in unsafe conditions. Clearing all your windows, mirrors, lights, and the roof before you drive can help you avoid tickets and keep ice and snow from flying onto other cars.
Finally, know your local rules. State law sets the standard of reasonableness, but local ordinances supply the specifics—deadlines, sidewalk scope, and hydrant clearance. Check your town or village code to stay informed.
This column is provided for general informational purposes only and does not constitute legal advice. Reading this column does not create an attorney–client relationship. Laws vary by jurisdiction and are subject to change. You should consult a qualified attorney for advice regarding your specific situation.