Chattanooga City Council's Right-of-Way Closure and Abandonment Policy
On November 08, 2016, Chattanooga City Council adopted a refreshed Right-of-Way Closure and Abandonment Policy, which states:
Public rights-of-way are a public resource and an integral element in shaping the community. Rights-of-way contain roads and other public services, allow access to, and servicing of, individual properties along its frontage, and provide shape and form to our neighborhoods and to commercial and industrial areas. For these reasons, it is in the public's and the City of Chattanooga's (City's) interest to retain rights-of-way and to give due consideration to right-of-way closure and abandonment.
It is the policy of the Chattanooga City Council to retain rights-of-way for public use and only to recommend the permanent closure and abandonment of rights-of-way when it is demonstrated that the public has no further need or interest to retain the right-of-way and that its abandonment is necessary to achieve a significant private or public interest.
All requests for closure and abandonment must proceed through the Mandatory Referral process, overseen by the Chattanooga-Hamilton County Regional Planning Agency (RPA).
The Chattanooga Department of Transportation (CDOT) is one of the agencies responsible for reviewing and making recommendations about closure and abandonment requests. The following process is designed to give applicants guidance on whether the requested closure and abandonment aligns with City policy and allow for exploration of alternatives to closure and abandonment. Applicants can proceed with the Mandatory Referral process without prior CDOT approval or if CDOT recommends denial of the abandonment. Applications are, however, more likely to be approved with prior CDOT approval, and alternatives to closure and abandonment may be less costly and time consuming.
Review Process for Abandonment and Closure
Requests for right-of-way abandonment shall be received by CDOT staff and reviewed through a process you can find in Right-of-Way Abandonment Pre-Application.
Find details about the Review Process for Abandonment and Closure. To better understand it, follow our flow chart of the process.
The length of time required for the review process for closure and abandonment will vary based on the location and complexity of the request. It is anticipated that this process will take approximately 15 weeks in most cases.
Identification of Right-of-Way in GIS
The Technical Information Center (TIC) in the Chattanooga Department of Public Works City Engineer's Office maintains a GIS layer on City rights-of-way. The rights-of-way are identified as follows:
- Opened: Rights-of-way which are declared open and are being maintained by the City
- Unopened: Dedicated for public use, but not maintained by the City
- Closed: Previously closed rights-of-way that have been abandoned by a City Ordinance
The Classification Tiers described in the Chattanooga City Council Right-of-Way Closure and Abandonment Policy generally align with the classifications maintained by TIC. Tier classification will be determined by RPA and CDOT staff.
- Opened - Tier 1
- Unopened - Tiers 2 and 3
Miscellaneous
Department of Public Works City Wide Services (CWS) does not maintain unopened rights-of-way, and is not responsible for cleaning any abandoned/closed rights-of-way or one for which an abandonment request has been made.
New lot lines resulting from a right-of-way closure are determined through the title search and plat recording process. This process will be the responsibility of respective property owners to perform.
Additional Uses of the Right-of-Way
It is the policy of the Chattanooga City Council to retain rights-of-way for public use and only to recommend the permanent closure and abandonment of rights-of-way when it is demonstrated that the public has no further need or interest to retain the right-of-way and that its abandonment is necessary to achieve a significant private or public interest. Below are some ways to engage the right-of-way without needing an abandonment.
Easement: Can be used by a property owner to utilize the City's right-of-way to access a property; this use of the ROW does not require an abandonment. The easement is recorded in the plat and updated in the deed; the easement transfers with the land. Maintenance of the easement is the responsibility of the property holder, not the City. Chattanooga Code of Ordinance Chapter 31, Section 31-2, Section 31-32, Section 31-313, 31-369; Chapter 38, Section 38-25, 38-598
Franchise: Typically used by a utility or telecommunications company to lease for a defined amount of time the City's right-of-way; this use of the right-of-way does not require an abandonment. Chattanooga Code of Ordinance Title 7; Chapter 32, Section 32-3; Chapter 32, Article XI
Labeling / Naming of right-of-way: Chattanooga Code of Ordinance Chapter 32, Article IX describes the process for the establishment of and procedure to change street names
Opening a right-of-way: An applicant or property owner can improve an "unopened" right-of-way. The City can accept the improvement and record the right-of-way as "open" in the plat and deed if built to the proper City standard. If the City "opens" the right-of-way, maintenance of the right-of-way becomes the responsibility of the City. If the City does not "open" the right-of-way and the right-of-way remains "unopened", then maintenance of the right-of-way is not the responsibility of the City
Temporary use permit: Typically used by an applicant (property or business owner) to utilize the City's right-of-way for a temporary need (sidewalk cafe, sign, art work, etc.); this use of the right-of-way does not require an abandonment. The permit is recorded in the Hamilton County GIS layer as a record of the City Council action, however the permit belongs to the applicant, so if the property exchanges ownership, then the permit is void. Any maintenance needs are the responsibility of the permit holder, not the City. Chattanooga Code of Ordinance: Chapter 32, Section 32-44