Code of the District of Columbia

§ 2–1226.40b. Savings and transition.

(a) If a conflict exists between the existing stormwater control rules of Chapter 5 of Title 21 of the District of Columbia Municipal Regulations (21 DCMR § 500 et seq.) and the standards set forth in § 2-1226.36, the standards in § 2-1226.36 shall govern; provided, that neither § 2-1226.36 nor subsection (b) of this section shall apply to projects that have submitted a complete stormwater management plan or first building permit application to the Mayor before October 23, 2012.

(b) Notwithstanding § 2-1226.40, if a conflict should arise between § 2-1226.36 and new stormwater rules promulgated by DDOE, pursuant to § 8-103.20, the new stormwater rules shall supersede § 2-1226.36, except for the following provisions:

(1) Subsections (b)(1)(B), (b)(2), (b)(3), and (b)(5);

(2) Subsection (c)(2);

(3) Subsection (d)(2); and

(4) Subsection (e).

(c) Notwithstanding subsection (b) of this section, subsection (a) of this section shall continue to govern projects that have submitted a complete stormwater management plan or first building permit application to the Mayor before the effective date of those new stormwater rules.

(d) DDOE may issue rules specific to the Anacostia Waterfront Development Zone, including special stormwater mitigation measures that benefit the Anacostia River. The rules shall:

(1) Supersede § 2-1226.36 upon the effective date of rules specific to the Anacostia Waterfront Development Zone, which shall include special stormwater mitigation measures for the zone; and

(2) Be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of this title.


(Mar. 26, 2008, D.C. Law 17-138, § 460b; as added Oct. 23, 2012, D.C. Law 19-192, § 2(h), 59 DCR 10174.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 added this section.