Removing or releasing a previously dedicated utility easement or street right-of-way that has been provided for public use is known as "vacating" the easement or right-of-way. Rights-of-way and easements are normally used for purposes such as constructing streets or placing gas, water, electric, telecommunication cables, sewer, and storm sewer lines. Most easement dedications are made when a final plat is approved for the subdivision or parcel. Some easements that are dedicated at that time may turn out to be unnecessary or larger than needed and may eventually be vacated. Construction of permanent structures is not permitted in easements, so if you want to build in an easement area that you believe is not being used, you will need to submit a request to vacate the easement.

PROCEDURE:
A request to vacate a previously dedicated easement or street right-of-way must be processed in compliance with State Statutes and city regulations. The overall time period to process a vacation request is approximately 5 weeks. The filing deadline for a vacation request is approximately 30 days prior to a City Council meeting. Meetings are generally held the first and third Tuesday of each month. Following the meeting at which approval is granted, there is normally a 5-day waiting period for publication in the newspaper, which places the ordinance in effect.

Prior to application, it is recommended that the applicant determine which utilities (a list is included with the procedural guidelines) have lines located in the easement or right-of-way and whether the utility companies can support the request for vacation. The cost of relocating a utility to accommodate a vacation is the responsibility of the applicant.

FEES:
A non-refundable fee is required to cover cost of publication and research for the easement or right-of-way and is due at time of filing.

CONTACTS:
Application forms, filing schedules, and procedural guidelines are available in the Planning and Development Department. Primary contact for information on vacation request applications is Tim Collins, (913) 477-7731.