This article is about Denver taking over responsibility for sidewalks, rather than just putting this burden on private property owners. Sidewalks may seem like a wonky fringe issue but they are a big key to being able to implement green infrastructure effectively in cities. There are a few reasons for this. First, they are where the street trees are going to be, and street trees are a big part of the solution to urban heat and a smaller but significant part of the solution to water quality and flooding. Second, streets and sidewalks together make up a surprising portion (I’ve estimated around 40% in my city) of the pavement in a city. Curb and storm inlet design are key to how well and how fast all this pavement drains. This is because the sidewalk is attached to the curb, and the curb is attached to the gutter, and the gutter is attached to the inlet that drains the street – pretty obvious when you think about it right? But when private owners are responsible for sidewalks, those curbs that are so critical to channeling the water often aren’t built and maintained right. Finally, depending on how wide sidewalks are, they often are where there may be room for rain gardens and pollinator gardens, for cities and neighborhoods that want these things (most do in the abstract, but there has to be a good plan for taking care of them long term and they need to not be in the way.)
That’s the environment – obviously sidewalks are where people walk, roll on wheelchairs, push baby strollers, and hobble on crutches. Sometimes people ride bikes on them, particularly children and particularly when there are not safe or adequately maintained bike lanes. They need to be in good condition for all these people.
Speaking of bike lanes, then there is the whole world of bike lanes (which we should probably think of as light low-speed vehicle lanes), curb management, bus stops, delivery and contractor zones, taxi and ride share stands, street parking, and electric vehicle charging, not to mention all the other “street furniture” like trash cans, bike racks, and mailboxes. Design and maintenance of the sidewalk and curb impacts all these public uses and it makes no sense to put that burden on private landowners.
So where did Denver find the money to take on this new responsibility? Well, they are charging the private landowners by bundling the cost into an existing stormwater management fee. This makes sense because ultimately the city including the homeowners will get better and more cost-effective public infrastructure. But of course, I am well aware of the political law of gravity that PEOPLE HATE TAXES. No, I don’t have an easy answer on how to solve this one. Another thing people really hate though is the local code enforcement agency coming down on residential and small business owners on a piecemeal basis, especially for what many logically view as public infrastructure. So to summarize, there are three options – (1) enforce sidewalk codes on private property owners, (2) leave sidewalk codes unenforced and sidewalks in poor condition, except for maybe a few piecemeal complaint-driven enforcement actions, or (3) raise revenue through taxes or fees so the same public agencies maintaining the streets can maintain the sidewalks.
I’ll mention one final wrinkle though. Under sidewalks, there is typically a tangle of water pipes, sewer pipes, natural gas lines, and sometimes buried electric/communications lines that connect houses to public infrastructure under the street. So if a city “takes over the sidewalks”, it has to also figure out if it going to consider all this public or private infrastructure. For example, if a water pipe connecting the main under the street to a house is private, and the sidewalk is public, and that water pipe springs a leak, the sidewalk has to get dug up to replace the water pipe, and then the sidewalk has to get replaced. So it has to be clear who ends up paying for that or whether the cost will be shared. One thing homeowners hate and fear probably even more than taxes (me included) is large unexpected expenses.
Ha ha, did I say I was going to do some short posts?