Who is responsible for fixing sidewalks in NJ? It's complicated
By: Kyle Morel
NorthJersey.com
USA Today Network - New Jersey
..... For many New Jersey residents, walk-ability is a key factor in deciding where to live.
.....
Whether for exercise, convenience or simply enjoying fresh air, the appeal of walking the sidewalks of a town or neighborhood on a nice day can be a major attraction for residents of the state.
..... But what happens when sidewalks become damaged and need some sort of repair? The question can be confusing, since the paths are generally public spaces but are located along a private residence.
..... Homeowners should not have to worry about extra expenses if the sidewalk belongs to the town, but if they reliable, someone is injured walking in the area. Thus, it is important for everyone to know: who is responsible for fixing sidewalks in New Jersey?
Towns decide sidewalk rules
..... Sidewalk maintenance is a topic that is not covered by a state statute. this means that each municipality is responsible for creating an ordinance dictating who is in charge of any repairs to the public paths.
..... According to a New Jersey guide on laws in school zones, the statute allows sidewalk work to be "funded and performed" by the municipality, the adjacent property owner or both.
..... The problem is, some residents do not know the law in their town, or the town does not have such an ordinance.
.....
"For sidewalks to be effectively maintained and property repaired, responsibility for sidewalk management activities needs to be defined," the guide reads.
.....
"Conversely, most of the problems involving sidewalk management result from ambiguity over responsibility or the lack of a responsible party. This combination of factors has led to fragmented sidewalk network in New Jersey."
Ruling on commercial properties
..... State law does cover sidewalk liability outside of residential property. As referenced in an August 2024 article in the New Jersey Law Journal, a 1981 state Supreme Court decision ruled that commercial property owners have "a duty to maintain the sidewalks abutting their property in a safe conditions, just as they must anywhere else on their premises."
..... The article's title called the current sidewalk law "arbitrary" as it relates to residences. It noted that, while the Supermen Court has not address this aspect of the law, it has "implored the New Jersey Legislature to do so."
..... For now, it is up to each of New Jersey's 564 municipalities to determine their own sidewalk responsibility. Edgewater, for example, addresses the issue on its website, even suggesting residents perform any maintenance during the fall season.
..... "The property owner is responsible for the repair of sidewalk bordering the property," the site reads.
..... "If a borough tree or planting damages a curb or sidewalk, the borough is responsible for repairs or replacement of the sidewalk. All other damage is the responsibility of the homeowner.
An appeal to lawmakers
..... The New Jersey Law Journal article called on lawmakers to make a ruling on sidewalk maintenance one way or the other for the sake of clarity as well as safety.
..... As the law stands now, the piece says, municipalities often avoid responsibility by passing the duty on to the property owner, where the statute is seldom enforced.
..... "the time is now for our state's Supreme Court to resolve this imperative issue," the article reads, "When no one is responsible, no one is safe."