Code of the District of Columbia

§ 1–306.06. Review of building, construction, or public space permits.

(a) The Mayor shall, in the course of the interagency review of a development project that is subject to the Large Tract Review Procedures of the Office of Planning (10 DCMR § 2300 et seq.), consider whether the issuance of a building or construction permit is inconsistent with the Land Use Element of the Comprehensive Plan. If the Mayor finds that the issuance of a permit is inconsistent with the Land Use Element of the Comprehensive Plan, but consistent with zoning, the Mayor shall defer issuance of the permit, and within 60 days, propose amendments to the zoning regulations or maps to eliminate the inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan. Nothing in this subsection shall be construed to permit the issuance of a building or construction permit that is inconsistent with zoning. The government issuance of public space permits shall also not be inconsistent with the Comprehensive Plan.

(b) If the Mayor finds that the issuance of any building or construction permit, which is not subject to subsection (a) of this section solely because of insufficient commercial square footage, would be inconsistent with the Land Use Element of the Plan, but consistent with zoning, the Mayor may defer the decision to issue the requested permit and, if he defers he shall propose, within 60 days, amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Plan. This subsection shall apply only to the construction of new commercial buildings that are not low density commercial buildings.

(c) When a major new building proposed for a college or university campus, and included in its campus plan, is instead moved off campus, the college or university must submit the plans for the review and approval of the Board of Zoning Adjustment as a specific amendment to its campus plan, limited to review of the change affecting that specific site, before the college or university may substitute another major new building for that campus plan site. For purposes of this subsection, a major new building is defined as one specifically identified in the campus plan. Further, in order for the community to know as quickly as possible the substitute plans for the site, the review and approval of the new plans are to be done on an expedited basis. If the campus plan site is to remain vacant, or if the existing uses on that site are to remain, then the college or university is required to provide each affected Advisory Neighborhood Commission with written notice of that decision within 30 days of the college’s or university’s decision for movement. In such event, no further review by the Board of Zoning and Adjustment is required.


(Mar. 16, 1985, D.C. Law 5-187, § 6; as added May 23, 1990, D.C. Law 8-129, § 3(b)(3), 37 DCR 55; Oct. 6, 1994, D.C. Law 10-193, § 3(b)(2), 41 DCR 5536; Mar. 21, 1995, D.C. Law 10-235, § 2, 42 DCR 30.)

Prior Codifications

2001 Ed., § 1-301.67.

1981 Ed., § 1-249.

Effective Dates

For effective date of District elements of Comprehensive Plan for the National Capital, see Historical and Statutory Notes following § 1-306.02.