Why accessible snow removal is important
Timely and thorough snow clearing of all sidewalks and accessible routes is essential for supporting people’s safety and independence.
For individuals with mobility impairments, inadequate snow removal can create significant obstacles, making it difficult to navigate icy sidewalks, ramps, or crosswalks. This can limit access to essential services and reduce independence.
For those who are blind, the challenge is similar, as individuals may struggle to identify when paths are cleared, often causing them to backtrack or walk in the street. This increases the risk of accidents. Once someone is in the street, it becomes difficult to determine when or where the sidewalks are clear, making it harder to safely return to the designated path and continue their journey.
Failure to remove snow and ice in a timely and effective manner can result in injuries, tickets/fines, personal injury lawsuits, and disability rights related lawsuits.
Legal obligations
The Americans with Disabilities Act (ADA) and the regulations established by the Massachusetts Architectural Access Board (MAAB) require “maintenance of accessible features,” meaning all accessibility features must be maintained and kept fully operational (external link) at all times.
Snow removal can be the responsibility of a municipality, business, homeowner, or renter, depending on the circumstances and local ordinances.
Here are some rules to know to understand the obligations of each of these parties:
Municipalities
Under Title II of the ADA, municipalities are required to ensure that all the programs and services they provide are accessible to individuals with disabilities, including municipal streetscapes.
After a snowstorm, the municipality is responsible for snow removal from all public rights of way under their control, including accessible elements such as sidewalks, crosswalks, curb cuts, on- and off-street accessible parking, ramps, and stairs.
However, municipalities can delegate snow removal responsibility to property owners (like homeowners and businesses) by adopting ordinances or bylaws requiring property owners to clear the sidewalk adjacent to their property within a certain timeframe. If the abutting sidewalk includes a curb cut, the property owner is responsible for clearing the curb cut as well (external link) (Chapter 40, Section 21(3)).
Municipalities are never responsible for clearing off personal property, such as cars, patios, or stoops.
Business owners
Under the ADA and MAAB regulations, businesses that are open to the public must maintain their accessible features and ensure accessibility of their physical structures, goods, and services.
Businesses are responsible for snow removal from their own property. For instance, a restaurant may have an outdoor patio, an outdoor staircase, a small alleyway where trash cans are stored, and a small parking lot. None of these areas are municipally-owned, so the business would always be responsible for them.
If a municipality has assigned sidewalk snow removal to property owners, the business is also responsible for clearing the area of sidewalk abutting their property, including any curb cuts. This means that the business could receive MAAB complaints or Title III disability discrimination complaints for inadequate snow removal from the abutting sidewalk, in addition to any other areas under their control.
Homeowners
Homeowners are always responsible for snow removal on their own property, though this may be assigned automatically or through the lease to a renter depending on the setting.
For example: driveways, cars, outdoor stairs, front stoops, pathways in the yard, and patios are not municipally-owned, so the homeowner would always be responsible for them. If a municipality has assigned sidewalk snow removal to property owners, the homeowner is also responsible for that area of sidewalk, including any curb cuts.
If you have a Homeowner’s Association (HOA), it is a good idea to make sure there are no additional snow removal requirements in your HOA documents.
Homeowners don’t have any obligations under the ADA or MAAB. So, homeowners cannot receive MAAB or ADA complaints against them. However, they can be fined for inadequate snow removal or sued for personal injuries that are a result of inadequate snow removal.
Renters
Renters may be responsible for snow removal around the property in certain circumstances. The areas for snow removal are usually defined as “paths of egress,” which are paths for entering and leaving a building, like outdoor stairs, walkways, sidewalks, and fire escapes.
Responsibilities depend on the type of unit you are renting:
Renting a single-unit home
- Paths of Egress: It is always the occupant’s (renter’s) responsibility, rather than the property owner, to clear paths of egress under the renter’s control (PDF) in a single-unit home. This includes paths of egress such as driveways, patios, staircases, pathways. (105 CMR 410.260(C)).
- Sidewalks: Municipalities’ snow removal ordinances can assign the responsibility to clear sidewalks to the property owner or renter. If the municipality assigns the responsibility for clearing the sidewalk to the property owner, then the property owner will have the option to assign the responsibility to the renter in the lease. Check with your municipality and in your lease to clarify who is responsible for clearing the sidewalks abutting your home.
Renting in a multi-family home or an apartment complex
- Paths of egress:
- Shared/common paths of egress (PDF): The housing provider is responsible for keeping the shared paths of egress, including exterior shared stairways, parking lots (but not cars parked in it), ramps, and sidewalks clear of snow and ice (105 CMR 410.260 (D)(2)(a)). If there are common stairwells (PDF), the housing provider is responsible for clearing snow and ice from the stairs, but the renter is responsible for clearing snow and ice from any landing, porch, or deck adjacent to their unit (105 CMR 410.270(C)(2)). Note that the housing provider’s obligation to keep the parking lot clear of snow and ice may require renters to move their cars before it snows.
- Paths of egress solely for personal use: Renters can be responsible for keeping the paths of egress that are solely for personal use (PDF) clear of snow and ice, such as landings, driveways, or stairs to their own patio, only if it is clearly described in the lease (105 CMR 410.260 (D)(4)).
- Sidewalks: Sidewalks are not the renter’s responsibility.
- Sidewalks that are owned by the housing provider, such as the sidewalk around a resident-only parking lot, are the housing provider's responsibility to clear because they are a shared/common paths of egress.
- Municipally-owned sidewalks, such as the sidewalk in front of an apartment building directly on a main road, will be the responsibility of either the housing provider or the municipality. If the municipality assigned responsibility for the sidewalk to the property owner, the housing provider will be responsible since it is a shared/common path of egress.
- Other snow-related obligations: Read your lease to be familiar with any other snow-related obligations you have as a renter, such as moving your car so that the parking lot can be cleared or changing the trash pick-up schedule after snow. The housing provider is not responsible for shoveling out a renter’s car.
Owning or renting a condo
- Condos will likely follow the same paths of egress and sidewalk rules as multi-family homes and apartment complexes (above). Check your condo documents to clarify who is responsible for which areas of snow removal.
Rules for adequate snow removal
Snow and ice must be cleared down to the pavement and treated with an ice-melt to ensure a clear path of travel that is safe, slip resistant, and a minimum of 36 inches wide (or as wide as the sidewalk if the sidewalk is narrower than 36 inches).
Cleared snow should not be dumped into the road, bike lane, crosswalk, curb cuts, accessible parking spaces or adjacent access aisles, or anywhere that obstructs sidewalk access. Therefore, it is often best to pile removed snow into the yard or area closest to a building.
If the abutting sidewalk includes a curb cut, the property owner is responsible for clearing the curb cut as well.
Check your municipality's snow removal ordinances to see how long after snowfall the snow must be cleared.
What to do if you can’t shovel snow because of your disability
If you are a business owner, shoveling is a cost of doing business. If you cannot shovel yourself, you are expected to hire someone to do so.
If you are a homeowner or renter responsible for clearing snow and are unable to do so due to a disability, you must find a way to fulfill this responsibility.
Your options are to:
- Hire someone,
- Ask friends, family, or neighbors, or
- Find out if there are any local volunteer programs.
Remember that this is an important obligation to meet because clear sidewalks are essential for all residents, including many residents with disabilities, to travel safely. You can be ticketed by the municipality for lack of snow removal.
If it is your responsibility as the renter and you are facing a barrier to snow removal or other snow-related obligations under your lease, such as moving your car for snow plowing, you can request a reasonable accommodation (RA) from your housing provider. See our guidance on requesting reasonable accommodations in housing.
Reasonable accommodations consider both your disability-related need and the reasonableness of your request. “Reasonableness” is determined by assessing the housing provider’s ability to provide what you are asking for. Removing your responsibility to clear snow may not always be reasonable. If your request is deemed unreasonable, you will need to find volunteer assistance or hire someone to remove the snow for you. Note that it is not the housing provider’s responsibility to remove snow from your car.
Accessibility violations in snow removal
Where to report accessibility violations in snow removal from sidewalks
If you are unable to access your home, a business, or a public right of way due to inadequate snow removal, reach out to the right place to get it resolved. Remember that any complaint takes time to resolve. It is best to follow only one complaint process at a time and allow adequate time for it to be resolved before moving on to the next complaint.
Businesses
- Start by contacting the business directly. They might need to be made aware of the issue. Informing them about their snow removal responsibilities can often resolve the problem.
- If that does not resolve the problem, you can report the violation to the municipality’s Department of Public Works, or whichever department is responsible for enforcing snow removal via ticketing.
- If it is a repeated or pervasive issue, you can file a complaint directly with the Massachusetts Architectural Access Board (MAAB) for the business’ failure to maintain accessible features. This process enforces the MAAB access regulation requirements. It generally takes a few months to resolve, based on the volume of cases at the time.
- If it is a repeated or pervasive issue, you can also file an ADA Title III complaint. You can learn more about a business’ obligations and the disability discrimination complaint process in our guidance on disability rights in public places. This is a longer formal complaint process that requires the complainant to provide evidence several times.
Homes
- If you cannot access the sidewalk in front of a home or housing complex due to snow or ice:
- Contact your municipality’s Department of Public Works, or whatever department is in charge of enforcing snow removal requirements via ticketing.
- If you cannot access your own apartment or condo due to snow or ice on the sidewalks and pathways:
- Start by reviewing the legal obligations information above and your lease or condo documents to determine who is responsible for which areas of snow removal.
- If it is an area your housing provider is responsible for, contact your housing provider to report the issue and ask when the snow will be removed.
- Repeated and consistent lack of snow removal is a tenants’ rights issue that could ultimately lead to a legal dispute with the housing provider.
Municipality
- Municipalities are ultimately legally responsible for ensuring that all public areas meet accessibility regulations, even if they have assigned businesses and homeowners with the responsibility to remove snow. This means it is critical for municipalities to enforce snow removal responsibilities with ticketing.
- If your municipality has assigned snow removal responsibility to the abutting homes and businesses, but you are noticing consistent, inadequate snow removal, this may indicate that the municipality is not enforcing their snow removal ordinances.
- You can report the municipality’s failure to meet their accessibility obligations for any public rights of way under their control and try to resolve the issue either informally or formally:
- Informal resolution options
- Discuss the issue with your local Commission on Disability (COD) and municipal ADA Coordinator, if your municipality has them.
- Your local COD is a bridge between the public and the local government. So, they are a great place to report systemic issues with snow removal. They are not going to resolve the immediate issue. But they do keep track of consistent issues and have the ear of your municipal government.
- Your municipal ADA Coordinator is responsible for ensuring the municipality is meeting its ADA obligations. So, they are also a great resource to take complaints of systemic issues with snow removal. They might be able to confer with the municipal departments that arrange snow removal to ensure they are aware of areas that are consistently being missed.
- Discuss the issue with your local Commission on Disability (COD) and municipal ADA Coordinator, if your municipality has them.
- Formal resolution options
- File a complaint with the Massachusetts Architectural Access Board (MAAB) for failure of the municipality to maintain their accessible features. Remember that the municipality has obligations to keep all public rights of way under their control clear of snow and ice, so you could make this report about sidewalks as well as roads, municipal parking, crosswalks, bike lanes, curb cuts, etc. These cases enforce MAAB access regulations. These usually take a few months to resolve, based on the volume of cases the MAAB is processing.
- File a grievance with your municipality reporting that the municipality is not upholding its obligation to provide equal access to sidewalks, crosswalks, curb cuts, etc. A grievance is a local level investigation of a complaint that the municipality is not meeting its ADA requirements. The grievance procedure should be posted on the municipality’s website. You can also ask your municipal ADA Coordinator for more information on the complaint process and how the grievance will be investigated. This process should take a few months.
- Finally, you can file a Title II complaint with the Department of Justice (DOJ) (external link) reporting that the municipality is not upholding its obligation to provide equal access to sidewalks, crosswalks, curb cuts, etc. This is the most serious complaint and the one with the longest timeline to resolve.
- Informal resolution options
What to include in your informal discussion or formal complaint
It is especially helpful to include:
- Notes or pictures documenting where the snow removal issues are,
- The time and date when you noticed the issue,
- How long it has been since the snow stopped, and
- How frequently these issues occur.
Best practices for snow removal and accessibility
Municipalities
Remember that even if you assign responsibility to businesses, you are liable for Title II obligations to maintain accessible features and provide equal access to all services you provide, including streetscapes. Ensure adequate training and resources are provided to clear snow and ice effectively from all elements of the streetscape, including seriously enforcing ordinances or bylaws requiring property owners to remove snow and ice through ticketing.
Municipalities have a legal obligation to make public rights of way accessible to people with disabilities. One way to help fulfill this obligation and support residents with disabilities is by establishing a snow removal assistance program.
For example, municipalities can coordinate with local high schools to create a volunteer program where students earn community service credits by clearing snow from driveways and sidewalks for individuals who are unable to do so themselves due to a disability. See the City of Somerville’s Teen Snow Shoveling Program (external link) as an example.
Business owners
Know your municipality’s snow ordinances or bylaws. Have a plan and acquire tools, like snow shovels and ice-melt, in advance. If you can’t personally shovel snow due to a disability, make sure you have a plan in place for staff or a hired service to shovel within the appropriate amount of time. Make sure staff are trained on what is required for complete snow removal, as well as the other disability rights obligations for public places, such as how to handle a reasonable accommodation request during a snowstorm.
Homeowners
Know your municipality’s snow ordinances or bylaws. Have a plan and acquire tools, like snow shovels and ice-melt, in advance. If you are unable to clear snow due to a disability, make a plan for how you are going to get snow cleared within the necessary timeframe. This might include hiring a service or talking to friends, family, or neighbors to work out a solution.
Renters
Make sure you know your municipality's snow ordinances or bylaws and your requirements for snow removal under your lease. If you have obligations to clear any paths of egress, make sure you have a plan and any tools required, such as snow shovels and ice melt, in advance.
If you have a disability that prevents you from being able to shovel snow, make your accommodation requests in advance. Check out our guidance for tips on how to make a reasonable accommodation request. You may also consider doing some emergency planning with your housing provider so they know your needs should you have an emergency during a snowstorm, such as how to deal with an elevator outage in your housing.
Drivers
Drivers play an important role in effective snow removal. Do not dump snow from your vehicle into crosswalks, sidewalks, bike lanes, or other paths of travel. Be sure to move your car in a timely manner if required to do so by the municipality or your housing provider so that snow removal from roads and parking lots can be completed effectively.
Municipalities are allowed to charge car-owners for interfering with snow removal (external link) (Chapter 40, Section 21(16)).
| Last updated: | February 14, 2025 |
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