Last Updated on 10/22/2026
Plowing of town roads is the mandatory duty of the town highway superintendent. State law and case law confirm that only the highway superintendent or an employed member of the town highway department, as overseen by the superintendent, are legally allowed to plow town roads. Modification of town roads, including plowing by private persons or other entities, is not supported by law. The cost of maintaining and repairing a town road is solely the responsibility of the town. Pursuant to case law and echoed by the New York Attorney General’s Opinion 89-21, road maintenance, including snow and ice removal, is a “non-delegable duty” of the town[i]. A town highway superintendent is solely-obligated to ensure its jurisdictional roads are kept in a reasonably safe condition for the public as part of his/her mandatory, ministerial duties[ii]. The only exception to this is the legal authority in General Municipal Law § 190-O granting municipalities (towns, cities, villages, counties) the ability to enter into an inter-municipal agreement (IMA) with other municipalities to assist in duties like plowing each other’s streets and highways.
Any entity other than the town or a municipality affiliated with an IMA may open themselves up to significant legal repercussions by modifying or maintaining a town road in any way, including snow and ice removal[iii]. There is no statutory or judicial basis for towns to contract with private individuals for snow or ice removal. Towns deciding to enter into a contract with a private entity for snow removal on their roads, even temporarily, do so at their own risk. Municipalities should use caution and be aware that the ultimate liability for the maintenance of the road remains with the town, regardless of the contract terms.
A local plowing law can protect the health, safety, and welfare of residents by specifically prohibiting the use of private snow removal equipment on local roads. This may seem redundant in the face of state and case law, but the local law may also outline penalties for offenses and may include assigned responsibility for road damage to the offending party. Plowing local laws also generally include language prohibiting grooming the roads for snowmobile use without written consent of the town board. This requires that snowmobile clubs who groom unplowed town roads in winter as part of the trail system have a written agreement with the town for the protection of both entities from liability. While snowmobiles are allowed to travel on unplowed and unused highways during winter months under Parks and Recreation Law § 25.05(5), these roads must be first designated by the municipal board responsible for the road as open for snowmobile travel under Parks and Recreation Law § 25.09. The maintenance or grooming of these roads for use as snowmobile trails is not explicitly covered by these state statutes, only the use of the roads by snowmobiles, so having a written agreement which outlines the responsibilities of each party is recommended. Model template of a plowing law here (Word / PDF).
[i] Lopes v. Rostad, 45 NY2d 617, 412 NYS2d 127, 384 NE2d 673 [1978]
[ii] Dotsko v. Littlejohn, 31 AD2d 245 (4th Dept. 1969)
[iii] State of New York v. Misevis, 1988