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.
- Is contrary to the adopted policy to preserve existing ROW for connectivity.
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 is split evenly to the adjacent property owner(s), should City Council approve the abandonment request.
Typically, ROW requested for abandonment is:
- Unimproved, unopened 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.
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/abutting property owners.
- Notification and request for comments to all public and private facilities.
- Notification and request for comments to neighborhood and business associations within the vicinity.
- Vote by City Council.
The application fee for this process is $1,450 for the first street ROW and $725 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.
Right of Way Abandonment Petition Requirements
- A cover letter to include contact information (name, address, phone number) for the petitioner.
- One completed and signed original copy of the Right of Way Abandonment Petition.
- 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 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 labeled Exhibit B and shall be signed and sealed by a duly licensed professional land surveyor.
- Memorandum of Understanding signed by all the abutting property owners, including address and parcel number.
- Check payable to the City of Charlotte in the amount of $1,450 for the first ROW plus $725 for each additional ROW. For additional information about submittal requirements and to obtain the right of way abandonment petition form, please contact:
Jeff Boenisch 704-336-3888
Charlotte Department of Transportation
Development Services Division
Right of Way Management Section
600 East Fourth Street
Charlotte, NC 28202