Can a town stop plowing a road for the winter if one family living on it depends on it for access?

Subject

Seasonal limited use highway

Plain-English summary

The Town of Minerva had a road where several residents were occupied year-round. One family wanted the road plowed in winter; others wanted the snow left so they could use it for recreation. The town attorney asked whether the town could designate the road as a "seasonal limited use highway" under Highway Law § 205-a, which would let the town drop snow removal and maintenance between December 1 and April 1.

The AG concluded that the road cannot be designated if, as a factual matter, at least one occupied residence or commercial building depends on it for access. Highway Law § 205-a defines a seasonal limited use highway as one "without occupied residences or commercial buildings dependent upon such highways for access." The superintendent must make that factual determination; residents who depend on the road for access cannot refuse the town's snow and ice removal and maintenance.

The annual designation is the superintendent's decision, made on a factual basis on or before November 1 each year. But the statute did not give either the superintendent or the residents discretion to override the access test.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What does "depends on the highway for access" mean?

The opinion leaves this factual determination to the town highway superintendent. It quotes the statutory phrase "dependent upon such highways for access" but does not define it further or discuss other routes to a residence or business.

Could the family that wanted to skip plowing sign a waiver?

The AG said no. The opinion is explicit: residents do not have the discretion to refuse the town's snow and ice removal. The statute keys the designation to physical access dependence, not to resident preference.

When does the designation have to happen?

The town highway superintendent may make a seasonal designation annually on or before November 1. The opinion says the superintendent may determine whether an occupied residence or commercial building depends on the road for access.

What can a town do with a seasonally designated road?

For a properly designated seasonal limited use highway, § 205-a permits the town to discontinue snow and ice removal and maintenance from December 1 until April 1. The opinion does not discuss other effects of a designation.

What about seasonal residents and hunting camps?

The opinion quotes the statutory requirement concerning "occupied residences or commercial buildings" dependent on the road for access. It does not discuss vacation homes, hunting camps, or the timing or duration of occupancy. The superintendent makes the factual determination.

Statutory framework

Highway Law § 205-a authorizes annual designation of "seasonal limited use highways" by the town highway superintendent. The statute defines them as town highways "without occupied residences or commercial buildings dependent upon such highways for access." The designation suspends the town's duty to plow snow, remove ice, and maintain the road between December 1 and March 31. The opinion does not address maintenance outside that period.

The statute is structured so that the access-dependence inquiry is a gate the road must pass before the seasonal label can attach, and the AG read that gate as absolute: one occupied dependent residence is enough to close it.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-3_pw.pdf

Original opinion text

HIGHWAY LAW § 205-a.
The town highway superintendent is unauthorized to designate a town road as a seasonal limited use highway if, as a factual matter, at least one occupied residence or commercial building depends upon the highway for access. January 30, 1995

Frederick H. Monroe, Esq.
Town Attorney
Town of Minerva
P. O. Box 465
Chestertown, NY
12817-0465

Informal Opinion
No. 95-3

Dear Mr. Monroe:
You have asked that we interpret section 205-a of the Highway Law which provides for designation of seasonal limited use highways. You inquire whether under certain circumstances, the town is obligated under section 205-a to remove snow and ice from a highway. Under section 205-a, a town highway superintendent is authorized annually to designate on or before the first day of November a town highway as a seasonal limited use highway. They are defined as town highways "without occupied residences or commercial buildings dependent upon such highways for access". The town may discontinue snow and ice removal and maintenance of seasonal limited use highways from the first day of December until the first day of April. You have indicated that several residences on the highway in question are occupied. One family believes that the town is obligated to remove snow and ice and maintain the road during the winter months while other residents would prefer that the road not be plowed and instead be used for recreation. It seems clear under section 205-a that a town road is not eligible for designation as a seasonal limited use highway, if at least one occupied residence or commercial building depends upon the road for access. The town highway superintendent annually may make this factual determination. Further, persons residing on such a highway and depending upon it for access do not have the discretion to refuse town removal of snow and ice and maintenance of the highway. Section 205-a prohibits the designation of a town road as a seasonal limited use highway if, as a factual matter, at least one residence or commercial building depends upon the highway for access. We conclude that the town highway superintendent is unauthorized to designate a town road as a seasonal limited use

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highway if, as a factual matter, at least one occupied residence or commercial building depends upon the highway for access. The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office. Very truly yours,

JAMES D. COLE
Assistant Attorney General
in Charge of Opinions