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Home My WebLink AboutCA-03 2023 Road Vacation Process-Checklist1 Road Vacation Process/Checklist (as of 10/3/2023) Typically, there will be an initial inquiry by a property owner prior to any application being submitted. Items to discuss with caller: •Why do they want to vacate the right-of-way? Are there any other options for addressing their concern? •Determine if the right-of-way is potentially statutorily vacated. If yes, Quiet Title Action used to vacate public’s interest. •Does the right-of-way abut a water body? If yes, vacation not allowed, subject to certain exceptions under RCW 36.87.130 •Would a vacation be likely to land-lock any property? If yes, vacation not be allowed, unless issue can be mitigated (e.g., through grant of easement, etc.) •How was right-of-way acquired: dedicated in a plat, usage, acquired in fee simple? May make a difference in compensation value. •Has caller confirmed that a majority of owners abutting right-of-way will be willing to sign a petition seeking vacation? If not, suggest to caller that it may be prudent verify that before filing an application and paying the application fee. •Is caller willing to be the Principal Petitioner (point-of-contact person, also responsible for fees and compensation for value of right-of-way, although they may seek contributions from other property owners)? If not, need to identify person who will assume that role. •Explain in general terms the process used to review vacations (covered in the information sheet accompanying the application). If appropriate, tell caller that staff will do some initial internal review to preliminarily determine whether Public Works will be likely to support the requested vacation. Talk to Monte/Eric/others and get back to caller with a yes/no. Regardless of the answer, explain that the caller may proceed with the application because the ultimate decision will be made by the Board of County Commissioners, although the BOCC will be inclined to give some deference to the PW recommendation. The next step will typically be for the Principal Petitioner to submit an application to vacate the right-of- way, along with the current application fee ($1,550.14 in 2023, updated yearly). •PW reviews application to verify completeness. •Set up project number for vacation application. •Send applicant the Petition form for gathering signatures •If petition is not returned within one-year of receipt of application, send letter to applicant that application has been cancelled (fee non-refundable) •Create electronic folder under G:\\Publicworks\PW_Road Vacations; create blue folder for paper records Upon timely receipt of a Petition •Review to verify that a majority of owners have signed petition •Confirm receipt with Principal Petitioner (“petitioner”) •Talk to the Hearing Examiner (“HE”) Coordinator at Dept of Community Development (“DCD”) to identify potential dates available to hold hearing CA received 06/05/25 EXHIBIT CA-03 2 • Develop tentative schedule for process milestones; review schedule with petitioner; identify and resolve any potential scheduling conflicts • Confirm hearing date with HE Coordinator Pre-Hearing Process • Prepare site plan to be used for future notices/submittals – should clearly identify right-of-way to be vacated (“subject ROW”), identify parcels within 300’ radius around subject ROW • Identify names/addresses for all property owners within 300 feet of subject right-of-way (i.e., affected property owners, “APOs”) – GIS staff can help with this and can even produce mailing labels • Identify appropriate agencies/departments/businesses (“agencies”) to receive notice of application; current list of all potential agencies and contact info is available on this spreadsheet; check for possible franchises through subject ROW (send notice to any franchisees) • Prepare and send letter for APOs (“Notice of Intent to Vacate a Portion of Right-of-Way”) at least 30 days prior to HE hearing informing them: o an application to vacate subject right of way has been received (reference and attach site plan) o the HE will hold a public hearing on [[date/time]]; identify options for participating in hearing via Zoom; may give testimony directly to HE o deadline for submitting comments in writing (via mail or email) – [[set deadline to give PW enough time to incorporate any written comments into Staff Report; however, note in letter that all comments will be incorporated into the official record as long as received at or before the hearing]] o Scan and save signed copies of letters sent to APOs • Prepare and send letter to agencies at least 30 days prior to HE hearing – can be sent by email if convenient (save copies of emails in electronic file) – informing them: o an application to vacate subject right of way has been received (reference and attach site plan) o deadline for submitting comments in writing (via mail or email) – [[set deadline to give PW enough time to incorporate any written comments into Staff Report]] • Post Notice on Property (both ends of subject ROW) at least 20 days prior to hearing. Include site map, date of hearing, how to participate in hearing and how to submit written comments. Take photos of posted notices. • Publish Public Notice in PT Leader for two consecutive weeks prior to hearing. HE Coordinator at DCD should be able to help with this. • Prepare draft County Engineer’s report (memo from County Engineer to HE per RCW 36.87.040 and) with exhibits; provide background and address criteria contained in JCC 12.10.050(2) and JCC 12.10.110; conclude report with opinion/recommendation. County Engineer to review/sign. Scan and save copy of complete signed report with exhibits. • Prepare Staff Report (memo from staff through PW Director/County Engineer to HE via HE Coordinator at DCD) which documents compliance with RCW 38.87 and JCC 12.10 (e.g., petition, notice, posting, publication), include copy of County Engineer’s report and any APO or agency responses to notices. Scan and save signed report with exhibits. • At least 10 days prior to hearing, send HE Coordinator copy of Staff Report (containing County Engineer’s report) for forwarding to HE. Ask HE Coordinator to post report on HE website. • Contact petitioner several days prior to hearing to confirm that they will be attending. CA received 06/05/25 EXHIBIT CA-03 3 Hearing • HE will initiate hearing – explains process, etc., typically asks for County to present first • County Engineer/Staff make VERY brief presentation (can assume that HE has read everything and does not want to waste time) – highlight any controversial issues and provide opinion/recommendation • HE will likely give petitioner an opportunity to speak next • HE will open it up for additional testimony. Make sure that people on Zoom know how to make themselves heard (unmute – via computer or telephone) • HE will close testimony (or, if necessary, leave public comment period open for some limited period). • If public comments are received after the hearing (per HE authorization), prepare additional Staff Report to acknowledge and address those. Transmit those to HE via HE Coordinator. HE issues report • It may take months for the HE to issue report • HE makes recommendations to the BOCC to grant or deny the petition, with any conditions of approval. HE does not make final decision. • Send copy of HE report to petitioner and any other parties who have requested notice. • Review report with PW Director/County Engineer Presentation to BOCC • Arrange date for HE report to be presented to BOCC • Inform petitioner of BOCC meeting date • Prepare Agenda package for BOCC; include proposed Resolution of an Intent to Vacate [[subject right-of-way]] or Resolution Denying Petition to Vacate [[subject right-of-way]] (depending on HE recommendation and PW opinion) • Attend BOCC meeting; briefly summarize petition/HE recommendations and ask for BOCC approval of resolution If BOCC denies vacation • Prepare invoice for any fees owed by petitioner (e.g., staff time in excess of that allowed under application fee, publication fees, etc.) • Send copy of signed resolution to petitioner with invoice • Clean up paper and electronic files; delete/recycle any drafts and unnecessary files. If BOCC approves vacation (typically with conditions) • Send copy of signed resolution to petitioner and to any other parties who have requested notice • Inform petitioner that they have one year to comply with conditions, which will typically include submittal of an appraisal of the right-of-way • Review appraisal when received • Upon approval of appraisal, send petitioner invoice including amount due for compensation for ROW, staff time in excess of that allowed under application fee, anticipated recording fees, etc. If Petitioner meets all conditions within one year (including payment of all amounts owed) CA received 06/05/25 EXHIBIT CA-03 4 • Prepare Agenda package including BOCC resolution for Final Approval of the Vacation of [[subject ROW]] • Arrange date for BOCC to consider resolution (typically on consent agenda) Upon receipt of signed resolution vacating subject ROW • prepare Recording Cover Sheet • Bring Recording Cover Sheet and original signed Resolution to Auditor’s office to record • Scan and send petitioner copy of recorded Resolution; also send to any parties who have requested notice • Email copy of recorded resolution to Assessor’s Office • Clean up paper and electronic files; delete/recycle any drafts and unnecessary files CA received 06/05/25 EXHIBIT CA-03