Who is responsible for fixing the sidewalk in front of my house in Virginia?

It depends on who owns the street in front of your house, and in Virginia that is either your city or town, your county, or the Virginia Department of Transportation (VDOT). A sidewalk that belongs to one of them is generally theirs to fix, but the pieces that serve your property, such as the driveway apron, are often yours, and some cities put more on owners. The safe order is: find out who maintains the street, report the damage, and only then talk about repairs.

Step one: who maintains your street?

Virginia splits its roads in an unusual way. VDOT says that in general, VDOT does not maintain roads in cities, towns, or in Henrico and Arlington counties, except for interstates and major primary roads.^[1] Its highways page adds that urban streets are maintained by cities and towns with the help of state funds, and Arlington and Henrico counties maintain their own county roads.^[2] Everywhere else, the county roads in front of most homes are VDOT's.

So:

• In a city or town (Richmond, Roanoke, Blacksburg, Christiansburg and so on), start with the locality's public works or service line.
• In Arlington or Henrico County, start with the county.
• In any other county, the road is usually VDOT's, and so is the right of way along it.

The right of way is wider than the pavement, and there is no standard right of way distance for every road.^[1] Your property line may sit behind the sidewalk, or the sidewalk may be on land you own. A plat or survey of your lot shows where the line falls.

Sidewalks along VDOT roads

Not every sidewalk next to a state road is VDOT's. Under VDOT's street acceptance rules, sidewalks built to VDOT's standards and located fully within the street's dedicated right of way are accepted as part of the street.^[3] Sidewalks that miss those standards, or sit partly outside the right of way, do not qualify for maintenance unless VDOT grants a waiver or exemption.^[3] Those can stay in the right of way under a land use permit issued to the local government, and such permits will clearly specify the responsibility for maintenance of the facility.^[3]

In practice, that means a sidewalk in a newer subdivision may be the county's or another party's to maintain rather than VDOT's. If VDOT says a sidewalk is not theirs, ask the county who holds the permit. In a community with private streets, ask the homeowners' association and check its documents.

Your driveway apron

The strip where your driveway crosses the sidewalk to the street is usually your responsibility. VDOT's access rules say maintenance of private entrances shall be by the owner of the entrance,^[4] with exceptions. On a road with curb, gutter and sidewalk belonging to VDOT, VDOT maintains the part of the entrance that extends to the back of the sidewalk.^[4] Where the curb, gutter and sidewalk do not belong to VDOT, VDOT maintains only to the flow line of the gutter pan.^[4]

How a city handles it: Richmond

Cities set their own rules, so read your own city's code. Richmond's is a clear example of how the work is split.

The city's Department of Public Works handles smaller brick and concrete sidewalk repairs, typically under 150 feet long, with City of Richmond masons,^[6] and longer stretches become capital projects. It prioritizes replacement based on funding and a risk-based repair criteria,^[6] so a reported trip hazard is more likely to be scheduled than a cosmetic crack.

Owners still carry some of it. Richmond's code says the owner of property next to a driveway apron or carriage walk is the prima facie owner and responsible party for the maintenance of the sidewalk crossing,^[6] along with the adjacent section of sidewalk pavement.^[6] Its code also makes it unlawful for an owner or occupant to let vegetation protrude into a sidewalk so that it obstructs or threatens the safe movement of people.^[6] To flag a damaged sidewalk, Richmond asks residents to report it by calling 3-1-1 or (804) 646-7000, or online through RVA311.^[6]

Snow is another owner job in many cities. Richmond says the sidewalks next to your property are the responsibility of the property owner or occupants,^[7] and its code requires them to be cleared within 6 hours of snow stopping or by 11 a.m. the next day if snow falls through the night.^[7]

When the bill comes to you

Even when a locality does the work, it may be able to charge you for part of it. The Code of Virginia says a locality may impose taxes or assessments upon the owners of abutting property for constructing, improving, replacing or enlarging the sidewalks upon existing streets,^[5] and that those charges shall not be in excess of the peculiar benefits resulting from the improvements to such abutting property owners.^[5] Whether your locality does this, and how, is set locally; ask before a project starts.

Do not fix a public sidewalk on your own

A neat patch can still be a violation. VDOT says to perform work on VDOT right of way, a land use permit is required.^[1] Cities have their own permits: in Alexandria, any work in or use of the public right of way, including the sidewalk and the landscaping strip between the sidewalk and the street, requires a permit from Transportation & Environmental Services,^[8] to be applied for five business days before the work starts.^[8] Report the damage first. If the locality says the repair is yours, ask what permit and construction standard apply, and give that to your contractor.

Reporting it

For a VDOT road, call 800-367-7623 or submit a request online at my.vdot.virginia.gov.^[1] For a city, town, Arlington or Henrico street, use the locality's public works office or service line. A photo, the nearest house number and a note on how high the lip is make the request easier to triage.

Your own walk and steps

The walk from the sidewalk to your door and your front steps are on your property and are yours to maintain. How to fix crumbling concrete steps and what concrete steps cost in Virginia cover those jobs.

Stop and call a pro if

• The locality confirms the sidewalk or apron repair is yours and it needs more than a small patch.
• A raised slab or apron is lifting because of a tree root near utilities or the street.
• The work needs a right-of-way permit, with traffic control, insurance or inspection.
• Water from the street or gutter runs onto your property where the sidewalk or apron has sunk.

When you hire, get at least three written bids or estimates using identical plans and specifications,^[9] and check the contractor's licence class against the price: the Code of Virginia says Class C contractors work on single contracts over $1,000 but less than $30,000.^[10]

Getting help in Virginia

Loclis lists DPOR-licensed concrete businesses with their licence number and class. Look up concrete contractors in Blacksburg, browse sidewalk and step contractors, or see all concrete and hardscaping answers.

Describe the repair once and licensed local concrete businesses quote it.