(a) If any right-of-way, except a right-of-way located entirely in a municipality which has independent zoning and subdivision authority, has not been in public use, one or more abutting property owners may petition the Planning Board to abandon the right-of-way. The petition must take the form of a preliminary plan for the subdivision of land, and must state the reason for the proposed abandonment and show any proposed relocation or realignment of the right-of-way, where applicable.
(b) The petitioner must notify:
(1) each person with a recorded financial interest in land abutting the right-of-way;
(2) the Department of Transportation;
(3) the County Fire and Rescue Service;
(4) the Police Department;
(5) the Washington Suburban Sanitary Commission, when applicable;
(6) each public utility operating in the area;
(7) the governing body of each incorporated municipality or special taxing district which adjoins the right-of-way sought to be abandoned; and
(8) Any grantee of a franchise under Article 2, if the franchise authorizes the grantee to install or use any facility in, over, or under the affected right-of-way.
(c) The Planning Board must solicit the comments of each notice recipient, and then promptly determine whether:
(1) the right-of-way previously was improved or used for the purposes for which it was intended or dedicated; and
(2) the right-of-way is necessary for anticipated public use.
(d) If a recipient of notice under subsection (b) does not respond within 60 days after the notice is sent, the Planning Board must presume that the recipient does not oppose the proposal.
(e) If the Planning Board finds that the right-of-way is not necessary for anticipated future public use or that an alternative alignment or location will not adversely affect the public interest, the Board may authorize the right-of-way to be abandoned by incorporating the abandoned land into an amended plat of subdivision. The amended subdivision plat must require the dedication of any land needed for rights-of-way, easements, and other public uses. (1982 L.M.C., ch. 46, § 4; 1989 L.M.C., ch. 28, § 1; 1996 L.M.C., ch. 4, § 1; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Section 49-68, formerly Section 49-67A, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1.
Former Section 49-68, applicability of article, derived from 1975 L.M.C., ch. 26, § 1; 1985 L.M.C., ch. 31, § 31, was repealed by 2007 L.M.C., ch. 8, § 1.
Editor’s note—Former Section 49-68A, relating to application filing fee, derived from 1975 L.M.C., ch. 26, § 1, 1984 L.M.C., ch. 24, § 48, and 1984 L.M.C., ch. 27, § 31, was repealed by 1996 L.M.C., ch. 29, § 1.