A County Right-of-Way Vacation is the formal process by which Benton County relinquishes its public interest in a County road or portion of County right-of-way that is no longer needed for public use.
If approved by the Benton County Board of County Commissioners (BOCC), the vacation is completed by resolution and recorded with the Benton County Auditor's Office. The vacation process is governed by Chapter 36.87 RCW.
A right-of-way vacation is a legislative action considered on a case-by-case basis. Submission of a petition does not guarantee that the requested vacation will be approved.
Before You Apply
The County Right-of-Way Vacation Petition is available for download from the Benton County Public Works website.
After completing the petition and gathering all required supporting documents, the petition must be submitted electronically through Benton County's (CSS) Portal.
The CSS Portal is used to receive petitions, maintain the official project record, and allow applicants to submit requested documents throughout the review process.
After the petition is received, the remainder of the vacation process—including engineering review, right-of-way research, coordination with utility providers, preparation of the County Engineer's Report, scheduling of Board of County Commissioners meetings, public hearing notices, publication requirements, and recording of the final resolution—is administered by Benton County Public Works outside of the CSS Portal. Public Works staff will upload project documentation to the CSS record as the petition progresses through the review process.
Before submitting a petition, applicants are encouraged to contact Benton County Public Works to discuss the proposed vacation, required documentation, and whether the request appears appropriate before beginning the formal process.
Email: pwpermits@co.benton.wa.us
Phone: (509) 786-5611
Petition Requirements
A complete County Right-of-Way Vacation Petition submitted through the CSS Portal shall include:
- A completed County Right-of-Way Vacation Petition downloaded from the Benton County Public Works website.
- A legal description of the County right-of-way proposed for
- An exhibit map prepared by a Washington State Licensed Professional Land Surveyor or Professional Engineer clearly identifying the right-of-way proposed for vacation.
- Documentation demonstrating that the petition has been signed by the owners of a majority of the frontage on the County road or portion of County road proposed to be vacated, as required by Chapter 36.87 RCW.
- Any additional information requested by Public Works to evaluate the
Deposit and Cost Recovery
A $500 initial deposit is required when the petition is submitted.
The deposit is applied toward the County's actual costs of processing the petition, including engineering review, right-of-way research, legal review, staff time, public notice publication, recording fees, and other administrative expenses associated with the vacation process.
The total cost of processing a right-of-way vacation varies depending on the complexity of the request. Factors such as the amount of right-of-way research required, review of legal descriptions, coordination with utility providers, communication with the applicant, and preparation of engineering documentation all affect the final cost.
Applicants are responsible for reimbursing Benton County for all actual costs incurred during the review process.
If the actual processing costs exceed the initial deposit, the applicant will be invoiced for the remaining balance.
If the petition is withdrawn or the vacation is not approved, any unused portion of the initial deposit will be refunded after all County expenses have been deducted.
Review Process
Once a complete petition has been submitted through the CSS Portal, Benton County Public Works begins the review process. While the petition is tracked in CSS, the engineering review, right-of-way research, utility coordination, public hearing process, and Board actions are administered outside of the portal by Public Works staff.
The review process generally includes the following steps:
- Public Works reviews the petition to verify that all required documentation has been
- County staff performs preliminary engineering review and right-of-way research to determine whether the request may proceed.
- If appropriate, the petition is presented to the Benton County Board of County Commissioners to request authorization to schedule a public hearing.
- If the Board authorizes the hearing, the County Engineer prepares an Engineer's Report evaluating the proposed vacation and making recommendations to the Board.
- Public Works coordinates with utility providers and other affected agencies to determine whether utility easements or other public interests should be retained.
Public Notice and Hearing
If the Board of County Commissioners authorizes a public hearing, Benton County will provide notice in accordance with RCW 36.87.050.
Notice of the public hearing will:
- Be published once each week for two consecutive weeks in the County's official newspaper before the hearing.
- Be posted for at least twenty (20) days before the hearing at each terminus of the County road or portion of the County road proposed to be vacated.
At the public hearing, the Board of County Commissioners will consider:
- The County Engineer's
- Public
- Comments from utility providers and other
- Whether the proposed vacation serves the public
Following the hearing, the Board may approve, deny, or modify the proposed vacation.
Utility Easements
Under RCW 36.87.140, Benton County may retain an easement over all or part of the vacated right-of-way for the construction, operation, repair, and maintenance of existing public utilities and public services.
Retaining a utility easement allows existing authorized utilities to continue serving the area while permitting the underlying right-of-way to be vacated.
Whether an easement will be retained is determined during the review process and, if applicable, will be included in the vacation resolution adopted by the Board of County Commissioners.
Recording
If the vacation is approved, the adopted resolution and all required documents will be recorded with the Benton County Auditor's Office, completing the vacation process.
Application Completeness
Benton County cannot begin processing a vacation petition until all required information has been received.
Incomplete petitions will not be accepted for review.
Incomplete petitions include, but are not limited to:
- Missing the completed County Right-of-Way Vacation
- Missing legal descriptions or exhibit
- Missing required ownership
- Missing supporting documentation requested by Public
The review process will begin only after a complete petition has been submitted through the CSS Portal.
Questions?
Right-of-way vacations involve engineering review, legal research, utility coordination, public notice requirements, public hearings, and action by the Benton County Board of County Commissioners.
If you have questions regarding the process, would like to discuss a proposed vacation before submitting a petition, or would like assistance determining whether a right-of-way vacation is appropriate for your situation, please contact Benton County Public Works.
Email: pwpermits@co.benton.wa.us
Phone: (509) 786-5611