Snow, Ice, and Liability: The Winter Burden on Property Owners
Why Most Sidewalks Will Never Be Built
FARMINGTON — If you build it, they will sue you.
That was the subtext—and occasionally the text—of Farmington’s most recent Sidewalk Committee meeting, where town officials and residents waded through a decades-long backlog of sidewalk issues, from snow removal to $18 million in deferred maintenance. The April session clarified what most in town already suspected: in Farmington, the sidewalk is both a liability and a luxury.
Held ahead of a tentatively scheduled public hearing in early June, the meeting recapped the town’s sidewalk ordinance and examined the latest grant-funded proposal for a new sidewalk along Meadow Road. That project—Farmington’s first new sidewalk built using grant money in over 30 years—will connect neighborhoods to the town’s rail trail and elementary school. It’s being celebrated as a community benefit, albeit one with a catch: homeowners abutting the sidewalk still bear full legal responsibility for snow removal and injury liability, even if they didn’t pay for the concrete.
“We own the liability, but not the choice,” one resident observed, echoing the sentiment of many who fear being handed a snow shovel and a lawsuit.
❄ Shovel Now, or Pay Later
Town Planner Kathy Eagen and committee members walked attendees through the existing rules: snow must be cleared within 24 hours of a storm, and if ice can’t be removed, it must be treated with salt or sand. Noncompliance leads to town action, fines, and potential property liens. That process, while rarely enforced, is part of a broader liability framework that shifts much of the risk onto property owners.
“If someone slips, the town’s not responsible unless we screwed up plowing,” officials reiterated. “Otherwise, it’s on you.”
This principle extends to sidewalk condition. Cracks, heaving slabs, or drainage issues? That’s on you, too—unless the town steps in and assesses the cost back to the homeowner. In theory, that rarely happens. In practice, many sidewalks have never been repaired.
🚧 The $18 Million Question
There are 48 miles of sidewalk in Farmington. To repair them all would cost $18 million. But only “a handful” of enforcement actions have been taken in 25 years. Why? Staffing, cost, and political will.
An intern (yes, really) will soon begin inspecting sidewalk conditions with a checklist. One committee member suggested differentiating sidewalks that are “C-minuses” from those that are outright “Fs,” which—given the town’s budget constraints—might be the most sophisticated grading system Farmington can afford.
Still, the idea of codifying priorities gained traction. Officials discussed formalizing a set of criteria for identifying new sidewalk locations—proximity to schools, trails, and public facilities; town-owned land; and “substantial direct community benefit.” There was even debate over whether future projects should come from resident petitions or town planning.
“The danger of petitions,” one official said, “is they create expectations for sidewalks that will never be built.”
🏗️ Sidewalks Without a Plan
Even when grant funding is available, the legal and logistical hurdles remain steep. Residents along Meadow Road have already raised concerns about grading, plantings, and water runoff. The project will move forward, but it’s a cautionary tale: public support does not equal neighborhood consent.
Another challenge? Geography. Many Farmington streets are narrow, sloped, or hemmed in by wetlands. Installing sidewalks could mean cutting into yards, dealing with drainage systems, or reconfiguring decades-old roads. That’s not just expensive—it’s politically radioactive.
One participant quipped, “If a sidewalk isn’t there now, there’s probably a good reason.”
Still, the committee isn’t giving up. They discussed the need to create a list of viable future sites—possibly connecting UConn to the jug handle, or completing the Route 6 to Union Road corridor—as well as codifying the process for applying for state grants. But with grant availability uncertain and homeowner opposition likely, most new sidewalks in Farmington will remain theoretical.
🔍 Next Steps: Interns, Inspections, and Inevitable Pushback
The committee meets again June 3 at 5 PM. Between now and then, they hope to define what constitutes “substantial direct benefit,” identify future sidewalk locations, and finalize their inspection plan. The town may also explore options to partially subsidize repairs for income-qualified residents—a model borrowed from Southington and others.
Until then, the message is clear: shovel your sidewalk, inspect your liability insurance, and don’t expect a new sidewalk unless it serves the many, not just the few.
🚪Thank You to Our Sponsor!
This brutally informative coverage is made possible by Farmington Storage — the only facility in Connecticut with “Museum Air™” and a strong opinion about snow removal. Located at 155 Scott Swamp Road, they offer clean, climate-controlled units and friendly, judgment-free service. Call 860.777.4001 if your sidewalk dreams don’t fit in the garage.
☕ Jack Beckett’s Signature
Reporting live from a drafty conference room with weak coffee and a half-frozen muffin, I’m Jack Beckett—powered, as always, by the fine folks at Summit Coffee, where the espresso is hot and the sidewalks are perfectly salted.
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Stay salty, Farmington. And don’t forget your shovel.
