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 no. Highway Law § 205-a defines a seasonal limited use highway as a town highway "without occupied residences or commercial buildings dependent upon such highways for access." Once even one occupied home or business depended on the road, the road did not qualify, period. The town highway superintendent could not designate it as seasonal, and residents who would have preferred no plowing could not waive the obligation on behalf of the household that needed it.

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 AG opinion treats this as a factual question for the highway superintendent. The statute uses "dependent upon such highways for access," which has generally been read by New York towns as meaning the road is the only practical year-round route to the residence or commercial building. If the home has an alternative paved or maintained access, the road may still qualify for seasonal designation.

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 makes the annual designation on or before November 1. Section 205-a treats it as an annual decision, so even a road that was seasonal one year may not be the next if circumstances change (a new occupied residence, for example).

What can a town do with a seasonally designated road?

Once a road is properly designated under § 205-a, the town may discontinue snow and ice removal and routine maintenance from December 1 through March 31. The road remains a public road; the town just isn't obligated to keep it clear during those months.

What about seasonal residents and hunting camps?

The opinion turns on whether a residence is "occupied" at the time of designation. Vacation cabins or hunting camps that are not occupied during the December-to-April window generally do not block seasonal designation; the statute focuses on year-round occupancy. The factual call belongs to the superintendent.

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. Outside that window, the road is treated like any other town highway.

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

2
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