The County Executive may, upon recommendation of the Director of Public Works and Transportation, authorize the closing of any road under the jurisdiction of the County in accordance with the procedures set forth in this Division.

Where users of the road or portion of road to be closed will not be denied access to any property or area which was previously accessible, the County Executive may authorize the closing upon the certification of such facts by the Director of Public Works and Transportation. Where the closing of the road will deny access to public users to areas or properties accessible from the road to be closed, or will take from abutting or nearby property owners the only direct access to a public road, or the Director of Public Works and Transportation finds or is advised that there is potential local objection to the closing, the Director of Public Works and Transportation shall first hold a public hearing. If the Director of Public Works and Transportation finds that local opposition to the closing is unlikely, he may notify the property owners served by the road, in writing, and post notices, in accordance with the following procedure, offering the opportunity to request a hearing; and, if no request is received, he may proceed as in Subsection (a), above. The purpose of the hearing shall be to take testimony to determine that reasonable or alternative means of access exist to property formerly accessible by the road to be closed, and that the road is no longer needed as a public way or that other public needs outweigh the need for the road as a public way. Each property owner as shown on the assessment books of the County abutting a portion of the road to be closed or any utilities which may gain access to their facilities by means of the portion of the road to be closed shall be notified in writing of the closing and of the date, time, and place a hearing will be held. In addition thereto, a notice shall be posted in such manner and size to give reasonable notice to the users of the road of the intended closing and time and place of hearing.

A closing of a road shall constitute the termination of the right of the general public to use the right-of-way but shall have no effect on private rights of ownership or easements in the roadway.

Upon a closing of the road, the Department of Public Works and Transportation may barricade the road or may permit the abutting owners to place barricades, fences, or gates in such a manner as not to deny individual property rights.

The provisions of this Division shall have no effect on the procedure for vacation of subdivision plats. Where, however, vacation of a subdivision plat affects a road which is being utilized at the time by the general public, the Director of Public Works and Transportation shall not consent to such vacation until such time as the County Executive has issued an Executive Order authorizing the closing of the road.

The provisions of this Division shall not apply to any road within the boundaries of a municipality which is not under the County's jurisdiction.

No person, except as otherwise specifically permitted by law, shall close a County road without first obtaining the permission of the Director of Public Works and Transportation. An applicant seeking a road closure shall provide information to the Department of Public Works and Transportation in a format as determined by the Director of Public Works and Transportation. The Director of Public Works and Transportation, in his sole discretion, may authorize the temporary closing of any County-maintained or other public road, or any part thereof, for the purposes of performing road construction, installation, maintenance, or repair of public utilities, or for similar activities. No temporary closing of a road shall deny to any person the legal access to his property, without his permission, nor interrupt through traffic on any primary, collector, or arterial road unless the Director of Public Works and Transportation determines that there is an acceptable alternate route or that the interruption will be of such short duration not to cause unreasonable inconvenience to the users of the road. A request from any person to temporarily close any road or any part thereof must be submitted in writing to the Department of Public Works and Transportation not less than ten (10) working days in advance of the date of the proposed closing. The Director of Public Works and Transportation may waive the ten (10) day notice requirement in cases of emergency beyond the control of the requester. The request shall include not less than the following information: Explanation of the road construction, utility work, or event for which the closing is requested, and a statement of why closing is necessary for the proposed activity; The location and precise limits of the requested closing; The date, time, and duration of the requested closing; A traffic control plan acceptable to the Department of Public Works and Transportation showing all required traffic signs, barricades, alternate routes, and such other traffic control measures as the Director of Public Works and Transportation may require; Evidence of permission from any property owner or tenant who will be temporarily denied access to his property from the public road system. Where a public utility experiences an emergency condition which requires the immediate temporary closure or partial closure of a public road for reasons of public safety due to a failure of their system, the utility shall immediately contact the Department of Public Works and Transportation. During the day, notification shall be made to the Office of Highway Maintenance. During nonworking hours, notification shall be made to the Department of Public Works and Transportation's dispatcher. Upon review by the Department of Public Works and Transportation, the Director of Public Works and Transportation may deny the request for temporary closing or may grant permission for the temporary closing in writing, as requested or as revised upon recommendation of the Department of Public Works and Transportation, with a statement of any conditions of the permission. The written permission and conditions must be acknowledged in writing by the person requesting the temporary closing, and shall be complied with throughout the duration of the activity for which the closing is requested. Failure of the requester to comply with any condition of the written permission for temporary closing shall result in immediate revocation of the permission, and the Director of Public Works and Transportation may require the roadway to be restored to a safe condition and to be reopened to public use immediately. Prior to expiration of the time stated in the written permission for the temporary closing, the requester shall be required to restore the road to a safe condition and shall reopen the road to public use at the end of the time stated. However, the Director of Public Works and Transportation may, in his sole discretion, grant an extension of the time for reopening, upon his determination that such extension is necessary for public safety or convenience or is necessitated by reasons beyond the control of the requester. The denial by the Director of Public Works and Transportation of permission to temporarily close a road or any part thereof or to extend the time of closing shall not be subject to review by the Board of Appeals for Prince George's County.