I. Background
The street vacation process is governed by State Statute (ORS Chapter 271.080 to 271.230), City Charter (Section 1-104), City Code (Chapter 17.84), and Transportation Rule (TRN-1.06). The purpose of a street vacation is to remove the public’s interest in street right-of-way (“Street Area”).
The Portland Bureau of Transportation (PBOT) facilitates the street vacation process and acts as a liaison between the party requesting the vacation (the “Petitioner”), and City bureaus, public agencies, and neighborhood and business associations.
II. Manual
Further program requirements can be found in the Street Vacation Manual.
III. General Requirements
There are three phases to a street vacation: Early Assistance Review (EA), Petition Stage, and Formal Investigation. Vacation requests are presented to the Planning & Sustainability Commission (PSC) and City Council where public testimony is heard. Following public testimony and reviewing staff recommendations, City Council will make the final decision on street vacation requests. For additional details, refer to the Street Vacation Manual.
| Step in Street Vacation Process | Time Limit |
|---|---|
| Early Assistance & Preliminary Investigation (Phase 1) | One (1) year from date of EA Review Summary Report to submit the street vacation application. |
| Petition and Preparation (Phase 2) | Six (6) months from the date the petition is sent to the Petitioner. |
| Formal Investigation (Phase 3) | Ninety (90) days |
| Bureau Director’s Report | Ninety (90) days |
| Repeal of Ordinance | Six (6) months after Council approval. OR Eighteen (18) months after Council approval. |
IV. Refunds
If more than $100 remains after PBOT concludes work on the vacation, a refunded will be issued to the Petitioner.
V. Appeals
The following review and appeals of Street Vacations are available:
*During the vacation process, the Petitioner may request a review if they disagree with staff determinations that may have a material impact on the petition. The applicant must submit a written request for review to the PBOT Right of Way Acquisition Manager.
*The Petitioner may appeal City Council’s final decision on the street vacation request in a circuit court.
VI. Reference
ORS Chapter 271.080 through 271.230: “Vacation” https://www.oregonlegislature.gov/bills_laws/ors/ors271.html
ORS Chapter 227.100: “Submission of plats for subdivisions and plans for street alternations and public buildings to commission” https://www.oregonlaws.org/ors/227.100
Portland City Code Chapter 17.84: “Street Vacations” https://www.portlandoregon.gov/citycode/28883
Portland City Charter Section 1-104: “Alienability of Public Places and Property and Limitations Thereon” https://www.portlandoregon.gov/citycode/article/13416
Portland Policy Document TRN-1.06: In process of being updated https://www.portlandoregon.gov/citycode/article/40540
History
Filed for inclusion in PPD December 3, 2003.
Updated February 18, 2005.
Street Vacation Checklist form updated in PPD July 2, 2007.
Street Vacation Brochure, Checklist, Timeline Estimate and Application forms removed from PPD October 3, 2008.
Amended by the Director of Transportation August 6, 2021 and filed for inclusion August 10, 2021.