N.Y. Laws » CHAPTER Town / ARTICLE District and Special Improvements
New York Consolidated Laws

N.Y. Town Law § 190 (2026)

Establishment or extension of improvement districts

✓ current as of May 2026
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§ 190. Establishment or extension of improvement districts. Upon a
petition as hereinafter provided, the town board of any town may
establish or extend in said town a sewer, drainage, water, water quality
treatment, park, public parking, lighting, snow removal, water supply,
sidewalk, a fallout shelter district or refuse and garbage district,
aquatic growth control district, ambulance district, watershed
protection improvement district, and in any town bordering upon or
containing within its boundaries any navigable waters of this state, a
harbor improvement district, a public dock district, or beach erosion
control district, and provide improvements or services, or both, in any
such district, wholly at the expense of the district; but no water
supply district shall be established or extended to include lands
situate within the boundaries of a water district. No such district
shall be established or extended in a city or in an incorporated village
provided, however, that such a district may be established or extended
wholly or partly within an incorporated village on consent of the
village expressed in a local law, ordinance or resolution, subject to a
referendum on petition under section twenty-four of the municipal home
rule law or a permissive referendum under article nine of the village
law, as the case may be, and except, in the case of a water quality
treatment district, on consent of a village expressed in a local law or
by resolution of the board of trustees and not subject to any
referendum.
Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1966–2025 · leading case: Reister v. Town Bd. of Fleming, 218 N.E.2d 681 (N.Y. 1966).
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Reister v. Town Bd. of Fleming, 218 N.E.2d 681 (N.Y. 1966). · cites it 2× “Since a petition signed by the owners of taxable real property aggregating at least one half the assessed valuation is a prerequisite to the establishment of a water district (Town Law §§ 190, 191), the cardinal question on this appeal is whether the petition before us meets the…”
Jericho Water v. One Call, 887 N.E.2d 1142 (N.Y. 2008). “" Plaintiff, an operator of underground facilities, is an "improvement district," specifically a water district, created pursuant to Town Law § 190. Plaintiff is located in the Town of Oyster Bay, but its commissioners are independently elected, not appointed by town officials…”
Angelis v. Town of New Baltimore, 30 A.D.3d 940 (N.Y. App. Div. 2006). “einafter Board), notice to prop *941 erty owners and a public hearing, the Board determined that the proposed water district was in the public interest, but found that the plan needed to be revised to eliminate some properties which were not benefitted by the proposed district…”
Nasser v. Sec'y of Health, Educ. & Welfare, 388 F. Supp. 58 (E.D.N.Y 1975). “Town Law §§ 190, 209. The special district concept was devised in order to finance and apportion the taxable cost of the improvements to the property owners locally benefitted.”
Green ex rel. Est. of Green v. City of New York, 465 F.3d 65 (2d Cir. 2006). “See N.Y. Town L. § 190 ; Collins v. Town of Goshen, 635 F.”
Collins v. Town of Goshen, 635 F.2d 954 (2d Cir. 1980). “However, the court went on to say that the standard for determining plaintiffs’ equal protection claims was the rational basis test rather than strict scrutiny since the challenged action did not create a suspect classification or impinge upon a fundamental interest; that…”
Kraizberg v. Shankey, 167 A.D.2d 370 (N.Y. App. Div. 1990). “The Legislature has delegated the power to create sewer improvement districts to town boards (see, Town Law § 190 et *371 seq.). The statute provides that, upon petition and after notice and hearing, a town board shall determine the sufficiency of the petition, the benefit to…”
Gelish v. Dix Hills Water Dist., 19 Misc. 3d 270 (N.Y. Sup. Ct. 2008). “In view of the foregoing, the court concludes that the appropriate defendant is the Town, and that timely notice of claim was required to be served upon the Town, pursuant to Town Law § 67 and General Municipal Law § 50-e.”
Highview Props. D.H.F. Inc. v. Town of Monroe (S.D.N.Y. 2022). “See N.Y. Town Law § 190 (“Upon a petition . .”
Vill. of Webster v. Town of Webster, 183 Misc. 2d 956 (N.Y. Sup. Ct. 1999). · cites it 2× “(Town Law §§ 190, 209, 209-e.) Third, any challenge to the right of the Town to serve and, by serving, contracting with the Water Authority to serve, Town residents, whether within or without existing water districts, does not affect the Village’s purported authority to serve…”
Matter of Riedman Acquisitions, LLC v. Town Bd. of Town of Mendon, 2021 NY Slip Op 02952 (N.Y. App. Div. 2021). “The cases relied on by petitioners are inapposite because they involved applications requesting that a municipality establish or extend a sewer district under Town Law § 190—not the determination whether to execute a contract with another municipality under Town Law § 64 (6) (…”
Matter of Glen Wild Land Co., LLC v. Town of Thompson, 2025 NY Slip Op 02628 (N.Y. App. Div. 2025). “Article 12 and article 12-A of the Town Law provide two different paths for the creation or extension of town improvement districts, such as those for water, sewer, public parks, parking lots and the like ( see Town Law § 190 et seq. ; Town Law § 209 et seq.”
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