Vacation
Application Checklist:
This applies to all applications to vacate a public street, highway, or utility easement. See UDC Section 50‐37.6 for more information.
Starting the Application Process
Call 218‐730‐5580, email planning@duluthmn.gov or visit www.duluthmn.gov/eplace to request a pre‐application meeting. The pre‐application meeting is intended to discuss the application process and general timeline. A comprehensive review of the proposed project is not possible at this meeting; detailed review of the project will occur once a complete application, with sufficient supporting information and exhibits, is submitted.
Your Application
- Submit your application materials by the Planning Commission application deadline.
- Visit www.duluthmn.gov/eplace to submit your application.
- Click on “Apply” and search for your application type. (You will need to sign in to the system, or create a new account if you do not already have one.)
- Follow the prompts to fill in information. Required information is indicated with an asterisk.
- On the attachments page, upload the following:
- A plat or map, clearly showing the portion of the street to be vacated (must meet standards of the County Recorder’s Office). The City Engineer and staff will review the exhibit, and may ask for corrections/amendments. Important note: Until the exhibit has been reviewed, and approved, by the City Engineering, the application is considered incomplete.
- Legal description in recordable form (consult a surveyor or attorney if needed).
- A petition of the majority of landowners abutting the right of way or easement to be considered for vacation; see the Vacation Petition Form. Note that the City generally only considers vacations of right of ways on a block by block basis; even if you are only interested in vacating one small section of right of way, the City will generally not accept an application unless it plans for vacating the entire section of right of way within the block.
- If there are Minnesota Power utility lines in the right of way, contact Minnesota Power before submitting your application. Minnesota Power may either require the applicant to pay for relocating the line, or require a utility easement be preserved over the entire right of way line.
- Guidelines and samples for for preparing and recording easements or vacations may be found here.
- After your application is complete, click “Add to Cart” for the fee listed, and pay the fee. Applications without a fee will not be reviewed or accepted.
After Submitting Your Application
1. Determination of Completeness. Within 15 business days of your application, you should expect to:
- Receive an “Applicant Letter,” which acknowledges a complete application, shares the date of the Planning Commission meeting and the assigned staff person, and notifies you of State‐mandated deadlines for the City to make a decision, OR
- Receive notification that your application is incomplete, with details on further information to submit.
2. Public Notice.
- You are required to post a sign notice on the property at least two weeks before the date of the public hearing. See UDC Section 50‐37.1.H for information on size, placement, and content of each sign; you may want to contact a sign company or printing company to have the sign made. You must provide evidence that the signs were in place; submit photo(s) of the signs to the Planning Division at least two weeks before the date of the public hearing.
3. Staff Review.
Planning staff will evaluate your application and prepare a staff report. When considering a recommendation for a concurrent use of streets permit, Planning Staff generally review the necessity of the request to protect the health, safety, and welfare of the city, how the proposal will only occupy the portion of the public easement not being physically used or occupied by the public, and that it will not inconvenience the public's use of the easement, as well as any additional UDC criteria and other related factors.
- You will receive an email with the Planning Commission agenda and a link to this staff report about 5 days prior to the meeting.
4. Planning Commission Hearing.
Planning Commission meetings are scheduled at 5:00 pm on the second Tuesday of each month. We ask that applicants or an agent attend this meeting. Planning Commission will hold a public hearing and make a recommendation to adopt, adopt with modifications, or deny the application.
5. City Council Decision.
The Planning Commission recommendation will be forwarded to City Council in the form of a resolution. City Council will make a decision whether to approve the proposed vacation, approve it with modifications, or deny it.
6. Recording.
If approved, City staff will submit a certified copy of the vacation resolution and signed exhibit to the County Recorder. You will receive a bill for any recording fees. Once it has been legally recorded, planning staff will send notice of the Council action to the applicant.
If approved, you will receive an Action Letter documenting approval.
Note that other City codes may apply to your project. Please be aware of any applicable Building Code (Construction Services Division), Fire Code (Life Safety Division), and stormwater/engineering (Engineering Division) regulations. The zoning approval may be only the first step in a several step process.
If a wetland delineation is needed for the project to proceed, it must be reviewed and approved before any zoning application will be accepted.
If a wetland replacement plan is required for a project to proceed, it must have been submitted and accepted as a complete application before the project zoning application will be accepted.
