Street Vacation
Please see the attached application packet for information on the Street Vacation process.
Vacating a street takes:
Time
This is not an “overnight” solution. If the proposal is complex or controversial, vacating a street can be a lengthy process. And, it can take a lot of your time; 3-6 months is an average timeline.
Money
You will be charged for the City’s time and expenses to process the vacation. A $750 application fee is required.
If multiple properties are involved, a land use review by the Planning Department and Planning Commission is required; the petition fee will be $1,000.
There may be additional costs to you to meet conditions of the vacation, such as moving utilities or reconstructing an intersection.
Work
In addition to leg work, getting a street vacated takes coordination and cooperation—with the City, other public agencies, and the affected property owners.
Here's how it works:
1. Preliminary Investigation
The first move is yours! Save yourself time and money by doing some preliminary investigating on your own:
- [1] Call the Clatsop County Cartographer 503-325-8522. Who will own the right-of-way once the street is vacated?
- [2] Check with your neighbors. Will the affected property owners agree to the vacation and sign the petition?
- [3] Check with other public agencies. Are there any obvious obstacles? A water main in the right-of-way could make vacating the street more difficult, costly, or even impossible.
If everything checks out, call the Planning Department 503-861-0920 to request a street vacation petition.
2. Filing the Petition
The petition request must include the signed street vacation checklist (enclosed) and the fee for preparing the petition. You must:
- [1] Collect the signatures of:
- 100% of the property owners abutting the right-of-way you wish to vacate.
- And the owner(s) of 2/3 of the square footage of the affected area (ORS 271.080(2)).
- [2] Submit the completed petition, and a check for the $350 deposit to:
Planning Department
225 S Main Ave
P.O. Box 250 Warrenton, OR 97146
3. Formal Investigation
Is there a public need for the right-of-way?
When we get the completed petition:
- [1] We ask the city departments if there are any reasons—present or future—that the street should not be vacated. There may or may not be objections to all or part of the proposed street vacation.
- [2] The Planning Department makes a report that summarizes the responses and makes a recommendation to the City Commission.
- [3] We review the recommendation with you prior to making a recommendation to the City Commission.
- [4] If you decide to go ahead, the report will be placed on the next available City Commission meeting agenda.
Remember: There may be additional costs if you have conditions to meet.
If the City Commission agrees to proceed with the vacation, a public hearing will be scheduled as soon as feasible, based on Public Notice Requirements. (ORS 271.110)
4. Public Hearing
Public opinion can affect the outcome.
Streets are not vacated on our recommendation alone. The City Commission holds a public hearing for people to weigh in on the proposed street vacation. After considering the testimony and our recommendation, the City Commission makes a decision.
If the street vacation is approved, we prepare an ordinance to vacate the street right-of-way and send it back to the City Commission for action. The ordinance must be read in two separate meetings (Warrenton City Charter VIII.34 & 35).
5. Recording the Ordinance
After the ordinance is adopted, there is a 30 day waiting period for it to be effective.
When the 30 days are up, all the conditions are met, and all the costs are paid, we send the ordinance to be recorded in the County Deed Records.
After the ordinance is recorded, the street vacation is complete and the property is added to the County Tax Assessment roll.
The a copy of the recorded ordinance will be sent to you once it is received back from the County Clerk’s Office.
