Who Shovels the Sidewalk? Snow Removal Rules for Rapid City Rentals

Rapid City's code says the sidewalk in front of a property has to be kept free of snow and ice "at all times," and it puts that duty on the owner or the person in possession. In a rental, that's two different people, which is exactly why it has to be settled in writing before the first storm.

Every winter, some version of the same argument plays out. The tenant assumed the landlord's snow guy had it. The owner assumed the tenant knew it was their job. Meanwhile, the sidewalk sits under a sheet of ice. Here's what the rule actually says and how to keep it from becoming your problem.

This is general information, not legal advice. City ordinances can change, so check the current Rapid City Municipal Code, and talk to your insurance agent or an attorney about liability questions specific to your property.

What the Code Actually Says

The rule is Rapid City Municipal Code § 12.12.090, "Sidewalks—Snow and ice removal." In plain English:

Who's responsible. The "owner or person in possession or in charge" of any property fronting or abutting a sidewalk has the duty to keep that sidewalk free from snow and ice "at all times."

When it's frozen solid. If the ice can't be removed because it's frozen to the walk, the owner or occupant has to spread sand or some other suitable material so it isn't slippery and dangerous.

What happens if nobody does it. An uncleared sidewalk is declared a nuisance. The city's Code Enforcement or Building Services can have the work done and recover the cost, including administrative costs, through a special assessment against the property (see § 8.16.030). Violations also fall under the city's general penalty provision (§ 1.12.010), which allows fines of up to $500, and each day a violation continues can count as a separate offense.

Where the snow can't go. Under § 12.12.100, it's unlawful to put snow removed from private property onto a public sidewalk, street, or other public property without written consent from the Director of Public Works. Clearing your driveway by pushing it into the street isn't the answer.

The city's Public Works snow removal page is clear on the basics: property owners are responsible for clearing sidewalks next to their properties. The city does clear sidewalks on public bridges, larger streets in residential areas, and school routes, but only after the streets are plowed. Sidewalk complaints go to Code Enforcement at (605) 355-3465.

There's No Grace Period Written Into the Ordinance

People often ask how long they have after a storm. The ordinance itself doesn't name a number of hours. It says "at all times." The safest way to treat that is simple: clear the walk as soon as the snow stops, and don't wait until tomorrow afternoon.

Why "Owner or Person in Possession" Matters in a Rental

That phrase means the city can look to either the owner or the tenant. For an owner, one detail matters most: the cost of abatement is assessed against the property. If the city clears the sidewalk because a tenant didn't, the bill still lands on the owner's property.

Then there's the bigger risk. A fall on an icy walk is exactly the kind of claim nobody wants to sort out after the fact. Talk to your insurance agent about your coverage, and don't let "I thought they were doing it" be your plan.

How to Handle It in the Lease

Single-family homes. It's common for the tenant to be responsible for the sidewalks and driveway. If that's your arrangement, write it down plainly: who clears the snow, how soon after it stops, whether ice melt or sand is provided, and what happens if it isn't done (for example, you hire a service and bill the tenant).

Duplexes and small multifamily. This is where it gets messy. We've written about the options in lawn care in small multifamily, and snow works the same way. The best option is usually to hire it out and build the cost into rent. Dividing it by unit or assigning one tenant can work, but only with clear, written expectations. The worst option is no plan at all.

Vacant units and out-of-town owners. A vacant unit has no "person in possession," so the duty is yours. Line up a snow removal service now, not after the first storm. That goes double if you're heading south for the winter or traveling over the holidays.

Tenants: What Your Part Looks Like

If your lease makes you responsible for snow removal, here's what that means in practice. Clear the full width of the public sidewalk along the property, not just a path to your car. Put down ice melt or sand when it's frozen. Pile snow in the yard, not in the street or on the sidewalk. And if you're going out of town, arrange for someone to handle it while you're gone.

If your lease says the owner or manager handles it and a storm has come and gone with nothing done, let us know right away through a maintenance request. We can't fix what we don't know about.

Does your lease actually say who clears the snow?

In Rapid City, an unclear answer can turn into a city assessment on your property, or worse, an injury on your sidewalk. Let's talk. Blair Allen Property Management serves owners across South Dakota and Montana.

Chris Twiggs
President, Blair Allen Property Management
📞 605-545-1218
✉️ chris@blairallen.com

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