Overview
Upon request, the City may consider abandonment of public Right-of-Way (ROW).
North Carolina General Statute (NCGS) 160A-299 gives the Charlotte City Council the authority to abandon street ROW following a public hearing and a determination that the abandonment:
- Is not contrary to the public interest.
- Does not deprive any individual(s) that own property nearby of reasonable means of ingress and egress to their property.
The Charlotte Department of Transportation (CDOT) is responsible for administering the City's ROW Abandonment Program.
The majority of the City's ROW has been dedicated to the City, meaning that it was not purchased. When ROW is abandoned at these locations, the land reverts to the adjacent property owner(s), at no cost, should City Council approve the abandonment request.
Typically, ROW considered for abandonment is:
- Unimproved ROW that has no pavement, curb/gutter or sidewalk.
- ROW that exceeds the minimum width requirements, based on street classification.
- Residual (leftover) ROW resulting from a street or intersection realignment project.
- ROW that is not necessary to support the City's street connectivity policy.
- ROW that supports redevelopment.
Process
The City's review process takes approximately 3-4 months. Some of the items that are included in the review process are:
- Notification and request for comments to adjacent property.
- Notification and request for comments to all public and private facilities.
- Notification and request for comments to neighborhood and business associations in the community.
- Vote by City Council.
Cost
The application fee for this process is $2,395 for the first street ROW and $1,197.50 for each additional street ROW submitted with the same petition. The petitioner is responsible for all other associated costs, including the boundary survey and metes-and-bounds description. If the City purchased the ROW in fee simple, the petitioner may be required to pay for the ROW based upon its appraised value. This will be determined during the review process.
Right-of-Way Abandonment Petition Requirements
- A letter of request with contact information (name, address, phone number) for the petitioner and full description of project.
- One completed and signed original copy of the Right-of-Way Abandonment Petition.
- Memorandum of Understanding from the abutting property owners.
- Scaled drawings of a survey showing the ROW to be abandoned, including a vicinity map. The survey shall be labeled Exhibit A and shall be signed and sealed by a duly licensed professional land surveyor. All drawings must be 8-1/2" by 11" in size.
- A Metes and Bounds description of the ROW to be abandoned. The description shall be labled Exhibit B and shall be signed and sealed by a duly licensed professional land surveyor.
- Check payable to the City of Charlotte in the amount of $2,395 for the first ROW plus $1,197.50 for each additional ROW.
For additional information about submittal requirements and to obtain the right-of-way abandonment petition form*, please contact:
Linda Poissant 704-336-2562
Shane Helms 704-336-6713
Charlotte Department of Transportation
Development Services Division
Right-of-Way Management Section
600 East Fourth Street
Charlotte, NC 28202
