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Street Closings

Permanent

Last updated Jun. 29, 2016 - 1:09 pm

Street closures are a request to close public right of way that at one time has been legally conveyed to the public entity. This conveyance is recorded on a map that is recorded at the appropriate Register of Deeds.

This process applies to permanent street closings. It does not apply to temporary street closings, public nuisance abatement or traffic control or a special event as listed below.

  • To temporarily close a street for construction purposes, contact the Transportation Department - Transportation Operations Division at 919-996-3030 for more information
  • To temporarily close a street for a block party or other neighborhood function, contact the Police Department at 919-996-1481
  • To address a public nuisance, such as littering and parking, contact the Police Department - Field Operations office at 919-996-3335 or the Housing & Neighborhoods Division at 919-996-2444
  • To explore methods of controlling traffic speed or volume, contact the the Transportation Department - Transportation Operations Division at 919-996-3030

Prerequisites

None

Approvals or Permits Issued

The City Council adopts a resolution to close a street or alley.

Key Steps in the Process

  1. The petitioner completes and submits a Street Closing Petition and related documents to the Department of City Planning.
  2. City staff determines how closing would affect utility lines in the right-of-way, whether the street should remain open for general circulation and whether anyone will be denied access to their property due to the closing.
  3. Staff recommends to the City Manager whether to hold a public hearing. If the City Manager adopts a staff recommendation to hold a public hearing, the issue then goes to the City Council. If the City Manager adopts a staff recommendation not to hold a public hearing, the petitioner may appear before City Council to request a hearing on the closing.
  4. If City Council elects to hold a public hearing, it adopts a resolution of intent, which authorizes the City Clerk to advertise as specified by law and notify abutting property owners of the date, time and place of the public hearing. The City is also required by law to post two signs in the area of the closing, serving notice of public hearing.
  5. The City Council holds the public hearing and then takes final action or refers the item to a committee for further discussion.
  6. If the City Council adopts a resolution to close the street or alley, the petitioner is assessed the cost of advertisement, less the filing fee.
  7. The petitioner is required to record a plat officially closing the street at the Wake County Register of Deeds Office within one year of the City Council action. The plat may include easements for utilities and note conditions attached to the closing, such as maintaining the closed area as a shared driveway. Other conditions, such as building an appropriate turnaround on a dead-end street before the plat is recorded, may be possible. The petitioner is responsible for the cost of surveying and recording fees.

All closed right-of-way is split evenly among adjacent property owners, resulting in a new property line down the center of the closed roadway unless affected property owners make other arrangements.

Submittal Requirements

TypeDescription
Required for Submittal
  • Street Closing Petition (doc) (pdf)
  • Filing fee (see Development Fee Schedule)
  • Recorded plat showing right-of-way petitioned to be closed
  • iMAPS printout showing all properties abutting right-of-way petitioned to be closed

Additional Information

The City Council can close a street or alley permanently if the closing does not deprive abutting property owners of access. Most streets or alleys that are closed are dead-end, unimproved rights-of-way that provide access only to the property owners who want the street closed.

The City Council can close streets or alleys within the City limits or extraterritorial jurisdiction (ETJ). If a street is on the State of North Carolina system, the NC Department of Transportation must also approve the closing.

Expected Processing Time

This process takes approximately 12 to 14 weeks.

Fees

Next Steps

None

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