Sidewalks & NJ town rules

How long do I have to clear my sidewalk after it snows in New Jersey?

It depends on the town, because New Jersey has no single statewide deadline. Across the 171 northern NJ towns we checked, it runs from 5 hours of daylight in Alpha to 48 hours in Wayne, and 12 and 24 hours are the most common.

Read the wording closely. Many towns count hours of daylight, not hours on the clock, and others start the clock when the snow stops or set a fixed time like 9 a.m. or noon the next day.

Several towns give businesses less time than homes. Fort Lee gives commercial, professional and office property four daylight hours, for example.

Our table lists each town's rule with the ordinance section it comes from. Codes change, so check the current ordinance before relying on a deadline.

More: Sidewalk snow rules for all 171 towns · What the town rules have in common

Who is responsible for clearing the sidewalk in front of a business in NJ?

The commercial property owner. New Jersey courts have held since Stewart v. 104 Wallace Street, 87 N.J. 146 (1981) that a commercial owner owes a duty to keep the public sidewalk alongside the property reasonably safe, and most town ordinances also require the owner or occupant to clear it.

Residential property is treated differently. In Luchejko v. City of Hoboken, 207 N.J. 191 (2011), a residential condominium association was held not liable for a fall on its abutting public sidewalk.

The town ordinance is a separate obligation from the liability rule. It sets the deadline and the fine, and it applies whatever a court would say about a fall.

This is general information, not legal advice. For a specific property or claim, ask your attorney.

More: Sidewalk & walkway clearing · Why sidewalks are the bigger liability

Can my town fine me for not clearing the sidewalk?

Yes, in most northern NJ towns. The fine is set by each town, and in 108 of the 171 towns we checked the town can also clear the sidewalk itself and bill the cost to the property as a lien.

The amounts vary a lot. Paterson's fine is $50 plus $30 in court costs. Garfield starts at $150 and reaches $2,000 for repeat offenses in a year. Passaic fines a commercial owner $200 per offense against $100 for a homeowner.

Some towns add a penalty on top of the clearing cost. Emerson and Ogdensburg charge the cost plus 50%, and Sussex Borough can bill double the actual cost if it is still not done after notice.

More: Every town's penalty, with the code section

Can my plow contractor push snow into the street?

No, in most New Jersey towns. Ordinances commonly ban putting snow from a private lot, driveway or sidewalk into the road, and some fine the plow operator directly.

Wyckoff fines the plow operator who pushes a private lot's snow onto a public road $250, then $500. Florham Park holds property owners responsible for the actions of the contractors they hire, so the owner can be on the hook for the plow's choice.

Rural towns with few sidewalks often have this rule even when they have no sidewalk deadline. Wantage, Montague, Lafayette, Stillwater and Frankford all ban it in one form or another.

The fix is planning. A site plan that marks where piles go before the season means nobody decides at 3 a.m. to push it over the curb.

More: Where the snow piles go · Town-by-town rules

Is rock salt banned on sidewalks anywhere in New Jersey?

Yes. Chester Borough in Morris County bans rock salt on sidewalks. It is the only town among the 171 we checked whose sidewalk snow ordinance says so.

Where rock salt is not allowed, walkways are treated with other ice melt products or with abrasives for traction. A contractor working in Chester Borough should know this before the first storm.

Our check covered the sidewalk snow chapter of each town's code. Other chapters, or a property's own rules, can restrict materials too.

More: Chester Borough rules · When salt stops working

Who is responsible for snow removal at a commercial property, the landlord or the tenant?

Between the two of them, the lease decides who hires and pays for snow removal. Separately, the town ordinance says who must clear the sidewalk, often naming the owner, the tenant or occupant, or both.

Read the lease for the words snow, ice and common areas. Multi-tenant properties usually keep the lot and walks with the landlord and pass the cost through as common area maintenance. Single-tenant buildings often put the whole job on the tenant.

Who a court holds liable after a fall is a different question from who the lease says pays the plow. A lease clause does not always settle it, so ask your attorney if it matters for a specific property.

More: Snow service for property managers

Do I need a permit to plow or haul snow in New Jersey?

Plowing a private lot does not normally need a permit; what towns regulate is where the snow goes and how fast the sidewalk is cleared.

Hauling snow off site and dumping it is where rules can apply, especially near streams, wetlands and storm drains, because melting piles carry salt and debris with them.

We are not aware of any town we serve that requires a permit or contractor registration to plow. When snow has to be hauled away, we use trucking companies that deliver it to facilities approved to accept snow under NJDEP rules.