Connecticut General Statutes

Conn. Gen. Stat. § 13a-99 (2026)

Towns to build and repair highways and bridges

✓ current as of May 2026

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Towns shall, within their respective limits, build and repair all necessary highways and bridges, and all highways to ferries as far as the low water mark of the waters over which the ferries pass, except when such duty belongs to some particular person. Any town, at its annual meeting, may provide for the repair of its highways for periods not exceeding five years and, if any town fails to so provide at such meeting, the selectmen may provide for such repairs for a period not exceeding one year.

(1949 Rev., S. 2117; 1958 Rev., S. 13-2; 1963, P.A. 226, S. 99.)

History: 1963 act replaced previous provisions: See title history.

When towns are liable to maintain bridges on turnpike roads. 4 D. 198; 1 C. 1. Town to maintain road in borough, formerly turnpike. 25 C. 86. Town and turnpike company not both liable to maintain same road. 27 C. 48. Herbage in a highway belongs to the landowner. 28 C. 165. Dedication of highway provable by public use. 29 C. 157; 31 C. 308. Towns have no duty or power to build bridges between this and adjoining states. 29 C. 356. City of Hartford liable for defective sidewalks. 30 C. 118. No municipal corporation obliged to lay out or maintain highways except by statute. 31 C. 213. Legislature may create highway district out of several towns. 170 U.S. 309. Admissibility of evidence that others safely crossed ice. 33 C. 57. Highway surveyor may widen roadway within highway limits. 36 C. 165. Municipalities may remove earth from one highway to another. 38 C. 50. Municipalities not liable for negligence in public duty to repair highways. Id., 90; 71 C. 686. Dedication of a system of highways; loss of public rights by laches. 40 C. 410. Town cannot divert spring in highway for watering trough. 44 C. 521. Town liable for nuisance caused in doing lawful act. 45 C. 550; 47 C. 314. Town may change form of dedicated highway. 50 C. 259. Town voluntarily operating drawbridge liable for negligence. 63 C. 587. History of law; duty to repair applies to highways by dedication. 74 C. 360. Care of streets is a governmental duty; no liability except by statute. Id., 573; 79 C. 94; 81 C. 392. Building new roadway several feet above old one not repairing. 75 C. 271. History of exception where duty belongs to some particular person. Id., 695. Of sidewalk, as part of highway. 76 C. 105. See 71 C. 655; 77 C. 307; 80 C. 296. Discretion of municipality as to methods to be used. 79 C. 94. Municipality cannot enter private property to abate conditions there which tend to create defect. 80 C. 291. Section measures the liability imposed by Sec. 13a-149. 81 C. 68; 89 C. 30. Section does not apply to state aid or trunk line highways. 94 C. 594. Town is under duty to maintain roadway of bridge over railroad, although railroad is obliged to maintain superstructure of bridge. 100 C. 437. Does not apply to defect caused by opening in street made by trolley company in repairing its roadbed. 103 C. 121; Id., 605. Town's obligation for sidewalks not modified by Sec. 13a-144. 109 C. 336. Where town builds road under Sec. 13a-173 as a contractor with the state, jury may reasonably find it entered contract for special benefit and pecuniary profit, thereby depriving itself of governmental immunity from liability. 120 C. 148. Cited. 121 C. 616; 124 C. 344; 160 C. 295; 193 C. 589; 226 C. 684. Municipality's duty to maintain public highways is nondelegable. 292 C. 364. Although town has the power to build roads within its limits for the benefit of its own residents, it does not have power to close roads at town border for sole purpose of preventing residents of adjoining towns from using town streets; town roads are for the benefit of the general public, not just the residents of the town. 295 C. 802.

Cited. 12 CA 153; 29 CA 18. Motion for jury instruction re ultra vires act of removing obstruction was properly denied since removal was authorized pursuant to section, town charter and case law. 71 CA 531.

City becomes responsible for condition of highways when town and city consolidate. 3 CS 418. Cited. 4 CS 401; 5 CS 193. Duty of New Haven not impaired by special act 576 of 1937. 8 CS 204. Cited. 25 CS 305; 27 CS 469.

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Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1964–2021 · leading case: MacHado v. City of Hartford, 972 A.2d 724 (Conn. 2009).

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MacHado v. City of Hartford, 972 A.2d 724 (Conn. 2009). · cites it 12× “Following oral argument before this court, we requested supplemental briefing from the parties 5 on the following issues: “(1) Does General Statutes § 13a-99 6 impose a [nondelega-ble] duty upon a municipality to maintain the roadways within its city limits, such that it is the…”

Northrup v. Witkowski, 210 A.3d 29 (Conn. 2019). · cites it 4× “We note, however, that General Statutes § 13a-99 provides: ‘‘Towns shall, within their respective limits, build and repair all necessary highways and bridges, and all highways to ferries as far as the low water mark of the waters over which the ferries pass, except when such…”

Ryszkiewicz v. City of New Britain, 479 A.2d 793 (Conn. 1984). · cites it 4× “General Statutes § 13a-99; 5 see Moleske v.”

Reed v. Plan. & Zoning Comm'n, 529 A.2d 1338 (Conn. App. Ct. 1987). · cites it 6× “See General Statutes § 13a-99 (town to maintain public roads); General Statutes § 8-25 (authority of planning commission).”

Buttermilk Farms, LLC v. Plan. & Zoning Comm'n, 973 A.2d 64 (Conn. 2009). · cites it 5× “General Statutes § 13a-99, 12 for example, unambiguously places on Connecticut towns the obligation to construct and maintain in a reasonably safe condition all necessary highways within their borders.”

McFarline v. Mickens, 173 A.3d 417 (Conn. App. Ct. 2017). · cites it 2× “General Statutes § 13a-99 further provides in relevant part that "[t]owns shall, within their respective limits, build and repair all necessary highways and bridges except when such duty belongs to some particular person.... " When a sidewalk "along a public street in a city…”

Lurie v. Plan. & Zoning Comm'n, 278 A.2d 799 (Conn. 1971). · cites it 4× “" Also, from the representations made by the plaintiffs' counsel, the testimony at the hearing from both the first and second selectmen of the town and the presumption that any necessary highway changes and traffic controls will be provided by the responsible public officials;…”

Prop. Grp., Inc. v. Plan. & Zoning Comm'n, 628 A.2d 1277 (Conn. 1993). · cites it 2× “General Statutes § 13a-99. A municipality may deny a subdivision application because there is no public road to provide access to the proposed subdivision; it may, therefore, prevent development where the subject property has not been served by a public road.”

Prop. Grp., Inc. v. Plan. & Zoning Comm'n of Tolland, 613 A.2d 1364 (Conn. App. Ct. 1992). · cites it 4× “See General Statutes § 13a-99 (town to maintain pub- *25 lie roads); General Statutes § 8-25 (authority of planning commission).”

Himmelstein v. Town of Windsor, 974 A.2d 820 (Conn. App. Ct. 2009). · cites it 2× “10 The plaintiff also claims that General Statutes § 13a-99 imposed a duty on the defendant to maintain all roads within it limits.”

Wellswood Columbia, LLC v. Town of Hebron, 992 A.2d 1120 (Conn. 2010). · cites it 5× “In the present case, the defendants contend that their power to close Wellswood Road, thereby depriving the plaintiffs of the sole existing access to the property, is a necessary incident to the exercise of the town of Hebron’s powers under General Statutes § 13a-99, 17 which…”

Dreher v. Joseph, 759 A.2d 114 (Conn. App. Ct. 2000). · cites it 2× “” General Statutes § 13a-99 further provides in relevant part that “[t]owns shall, within their respective limits, build and repair all necessary highways and bridges .”

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