Snow Removal

What is Maine's Law on Snow Removal

Roads
The state and towns are required to remove snow from their roads. 23 MRS §1001 states, “Improved state highways shall be continually maintained, and the snow removed from such sections of designated state highways as the department may determine, under the direction and control of the department at the expense of the State.” Likewise, 23 MRS §1003 states, “Towns shall keep state aid highways cleared of snow during the winter season or such part of the year as the department may direct, so that they may be reasonably usable by motor vehicles.” Several statutes (23 MRS §1005-A, 23 MRS §3201, 23 MRS §3651, and 23 MRS §3655) address damages and liability related to snow on state or local roads. See also this Maine Municipal Association article, “Legal Winter Road Questions and Answers,” as posted on the website of the Maine Department of Transportation (MaineDOT). According to the MaineDOT's guide to private roads and road associations, “In general, a municipality has no legal right to spend public funds to repair, maintain or plow privately owned roads (Opinion of the Justices, 560 A.2d 552 (Me. 1989)).” 29-A MRS §2396 prohibits a person from placing snow on a public way that has not accumulated there naturally.

Sidewalks
There are no state statutes that require property owners to remove snow from sidewalks; however, towns and cities might have local ordinances that require it (30-A MRS §3009(A)). 23 MRS §3658 states, “No town is liable to an action for damages to any person on foot on account of snow or ice on any sidewalk or crosswalk nor on account of the slippery condition of any sidewalk or crosswalk.”

Motor vehicles
29-A MRS §2396 (2) prohibits a driver from operating a vehicle with an unsecured load, which is defined as including, but not limited to, “firewood, pulpwood, logs, bolts, snow, ice or other material…” 29-A MRS §2093 states, "The operator of a vehicle with a registered weight under 10,000 pounds shall take reasonable measures to prevent snow or ice on the vehicle from falling off the vehicle while it is being operated on a public way.” Penalties for violating this statute include a fine of up to $50 for a first offense. 29-A MRS §2082 states that, “A person may not operate a vehicle with a sign, poster, opaque or semitransparent material or substance on the front windshield, side wing or side or rear window that obstructs the operator's clear view of the way or an intersecting way.” A parked vehicle that is “interfering with snow removal or the normal movement of traffic or parked within the limits of a right-of-way” can be removed by law enforcement (see 29-A MRS §2069).

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1/29/2024        A-Z List

 

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