Code of the District of Columbia

Subchapter III-A. Comprehensive Plan.


Part A. General.

§ 1–306.01. District elements of comprehensive plan prepared; purposes.

(a) It is hereby declared that:

(1) The District of Columbia has prepared, through an exhaustive process of research, analysis, and review, including citizen involvement and consultation with affected federal, state and local governments, and planning agencies in the National Capital region, District elements of a 20-year Comprehensive Plan for the National Capital as required by § 2-1002(a) and by § 1-204.23(a).

(2) Ten District elements of the Comprehensive Plan for the National Capital are contained in this part: General Provisions; Economic Development; Housing; Environmental Protection; Transportation; Public Facilities; Urban Design; Preservation and Historic Features; Downtown; and Human Services.

(3) The District elements of the Comprehensive Plan for the National Capital contained in this part do not extend to any federal or international projects and developments, or to the United States Capitol buildings and grounds, or to any buildings and grounds under the care of the Architect of the Capitol.

(b) The purposes of the District elements of the Comprehensive Plan for the National Capital are to:

(1) Define the requirements and aspirations of District residents, and accordingly influence social, economic and physical development;

(2) Guide executive and legislative decisions on matters affecting the District and its citizens;

(3) Promote economic growth and jobs for District residents;

(4) Guide private and public development in order to achieve District and community goals;

(5) Maintain and enhance the natural and architectural assets of the District; and

(6) Assist in the conservation, stabilization, and improvement of each neighborhood and community in the District.


(Apr. 10, 1984, D.C. Law 5-76, § 2, 31 DCR 1049.)

Prior Codifications

2001 Ed., § 1-301.62.

1981 Ed., § 1-245.

Section References

This section is referenced in § 47-813.

Cross References

National capital planning commission, see § 2-1002.

Editor's Notes

District of Columbia Comprehensive Plan of 1984: Section 3 of D.C. Law 5-76 sets forth titles I through X adopted by the Council of the District of Columbia entitled “The District of Columbia Comprehensive Plan of 1984,” and was reprinted in its entirety in 31 DCR 1049 and is contained in the 10 DCMR compilation. On April 5, 1984, the National Capital Planning Commission adopted a resolution finding that “the District elements adopted and amended by the Council by D.C. Act 5-112 do not have a negative impact on the interests or functions of the Federal Establishment in the National Capital.”

Section 2 of D.C. Law 8-129, as amended by § 201 of D.C. Law 8-132, amended Titles I through VIII, X and XI, and added Title XII to the District of Columbia Comprehensive Plan of 1984, adopted by D.C. Law 5-76. D.C. Law 8-129 was reprinted in its entirety in 37 DCR 55. Amended Titles I through VII, X, XI, and new Title XII will be codified at Title 10 of the District of Columbia Municipal Regulations. D.C. Law 8-132 is found at 38 DCR 2213.

Review of District elements by National Capital Planning Commission: Section 8(b) of D.C. Law 5-76, and § 4(b) of D.C. Law 8-129, provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in subsection (a) of §§ 1-2002 and 1-244.

Progress report on Comprehensive Plan findings: Pursuant to Resolution 8-243, the “Progress Report on the Comprehensive Plan Findings Resolution of 1990”, effective August 10, 1990, the Council submitted to the Mayor the findings of the Council on the Mayor’s 3rd biennial progress report on implementing the District of Columbia elements of the Comprehensive Plan.

Comments on Zoning Commission’s proposed Downtown Development District action: Pursuant to Resolution 8-318, the “Zoning Commission Downtown Development District Comments Resolution of 1990”, effective December 21, 1990, the Council expressed the opinion of the Council to the District of Columbia Zoning Commission concerning the Commission’s proposed action on the Downtown Development District.

Repeal of § 2 of D.C. Law 5-187: Section 3(a) of D.C. Law 12-275 provided that § 2 of D.C. Law 5-187 is repealed, effective April 27, 1999. Section 2 of D.C. Law 5-187 had added a new title XI to the District of Columbia Comprehensive Plan of 1984, adopted by D.C. Law 5-76.

Sections 301 and 401 of D.C. Law 18-361 provided: “Sec. 301. Notwithstanding section 502, section 308(b) of the District of Columbia Administrative Procedure Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Official Code § 2-558(b)), and section 204 of the District of Columbia Administrative Procedure Act of 1975, October 8, 1975 (D.C. Law 1-19; D.C. Official Code § 2-602), the text, maps, and graphics of the District elements of the Comprehensive Plan for the National Capital, as amended by this act, need not be published in the District of Columbia Register to become effective.” “Sec. 401. Applicability. “No District element of the Comprehensive Plan for the National Capital shall apply until it has been reviewed by the National Capital Planning Commission as provided in section 2(a) of the National Capital Planning Act of 1952, approved June 6, 1924 (43 Stat. 463; D.C. Official Code § 2-1002(a)), and section 423 of the District of Columbia Home Rule Act, approved 24, 1973 (87 Stat. 792; D.C. Official Code § 1-204.23).”


§ 1–306.02. Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specifications; approval.

(a) The Mayor of the District of Columbia shall transmit to the Council of the District of Columbia, on or before the date of the 1st regularly scheduled legislative session in September 1984, a proposed District Land Use Element for inclusion in the Comprehensive Plan for the National Capital and a generalized land use map or a series of maps, which includes a generalized land use map, representing the land use policies set forth in the proposed Land Use Element. At the time of the submission to the Council of the District of Columbia of the proposed Land Use Element and the generalized land use map representing the land use policies set forth in that element, proposed amendments to the rest of this part shall be submitted to the Council of the District of Columbia to conform the language in this part to ensure consistency with the Land Use Element and with the generalized land use map.

(b) The Mayor shall transmit 4 generalized land use maps to the Council within 90 days of May 23, 1990. The maps transmitted under this subsection shall conform to the requirements of sections 1136(a) through (h) of title 11 of § 3 of this part (“Land Use Element of the Comprehensive Plan”), be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, and include a street grid and other minor changes in format or design intended to improve the readability or understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this subsection conform to the maps adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this subsection conforms to a map adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution.

(c) The Mayor shall transmit 2 generalized land use maps to the Council within 180 days of April 27, 1999. The maps transmitted under this section shall conform to the requirements of § 1139 of Chapter 11 (“the Land Use Element”) of the Comprehensive Plan, be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, indicate generalized land use policies, and include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under § 1139 of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this section conforms to a map adopted under § 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution. If the Council determines that a map transmitted under this section requires corrections to conform with a map adopted under § 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution, with conditions identifying the required corrections, and the Mayor shall publish a new map with the required corrections.

(d)(1) The Mayor shall transmit 2 generalized maps — a Future Land Use Map and a Generalized Policy Map — to the Council within 90 days after March 8, 2007.

(2) The maps transmitted under this section shall:

(A) Conform to the requirements of §§ 223 and 224 of Chapter 200 (“the Framework Element”) of the Comprehensive Plan;

(B) Be printed at a scale of 1,500 feet to 1 inch;

(C) Use standardized colors for planning maps;

(D) Indicate generalized land use policies; and

(E) Include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies.

(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under §§ 223 and 224 of the Framework Element of the Comprehensive Plan, as required by paragraph (2) of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.

(B) If the Council determines that a map transmitted under this section does not conform as required by paragraph (2) of this section but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.

(e)(1) The Mayor shall transmit 2 generalized maps — a Future Land Use Map and a Generalized Policy Map — to the Council within 90 days of April 8, 2011.

(2) The maps transmitted under this section shall:

(A) Incorporate the map amendments enacted in § 101(u) and (v) of D.C. Law 18-361; [58 D.C. Reg 908; 209 D.C. Act 711];

(B) Conform to the requirements of sections 223 through 226 of Chapter 200 (“the Framework Element”) of the Comprehensive Plan;

(C) Be printed at a scale of 1,500 feet to 1 inch;

(D) Use standardized colors for planning maps;

(E) Indicate generalized land use policies; and

(F) Include a street grid and any changes in format or design to improve the readability and understanding of the adopted policies.

(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the requirements of paragraph (2) of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.

(B) If the Council determines that a map transmitted under this section does not conform to the requirements of paragraph (2) of this subsection but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.


(Apr. 10, 1984, D.C. Law 5-76, § 7, 31 DCR 1049; May 23, 1990, D.C. Law 8-129, § 3(a)(1), 37 DCR 55; Oct. 6, 1994, D.C. Law 10-193, § 3(a)(1), 41 DCR 5536; Mar. 21, 1995, D.C. Law 10-235, § 4(a), 42 DCR 30; Apr. 9, 1997, D.C. Law 11-255, § 3, 44 DCR 1271; Apr. 27, 1999, D.C. Law 12-275, § 2(b), 46 DCR 1441; Mar. 8, 2007, D.C. Law 16-300, § 2(b), 54 DCR 924; Apr. 8, 2011, D.C. Law 18-361, § 201(a), 58 DCR 908.)

Prior Codifications

2001 Ed., § 1-301.63.

1981 Ed., § 1-246.

Effect of Amendments

D.C. Law 16-300 added subsec. (d).

D.C. Law 18-361 added subsec. (e).

Cross References

Generalized land use maps, District property, see § 10-807.

National capital planning commission, see § 2-1002.

Sale of public lands, property to be used consistent with the generalized land use maps, see § 10-801.

References in Text

The “Land Use Element of the Comprehensive Plan”, referred to throughout (b) and (c), is codified at 10 DCMR Ch. 11.

The generalized land use maps of the Land Use Element of the Comprehensive Plan are codified at 10 DCMR 1135.

Effective Dates

Section 4(b) of D.C. Law 10-193 provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in § 2-1002(a) and § 1-204.23.

Editor's Notes

District of Columbia Comprehensive Plan of 1984: Section 3 of D.C. Law 5-76 sets forth titles I through X adopted by the Council of the District of Columbia entitled “The District of Columbia Comprehensive Plan of 1984,” and was reprinted in its entirety in 31 DCR 1049 and is contained in the 10 DCMR compilation. On April 5, 1984, the National Capital Planning Commission adopted a resolution finding that “the District elements adopted and amended by the Council by D.C. Act 5-112 do not have a negative impact on the interests or functions of the Federal Establishment in the National Capital”.

Council’s conditional approval of 4 revised land use maps: Pursuant to Resolution 6-263, the “Comprehensive Plan Land Use Maps Approval Resolution of 1985,” effective July 9, 1985, the Council approved 4 revised land use maps transmitted by the Mayor pursuant to § 1136(i) of the District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984 (D.C. Law 5-187) on the condition that certain specified changes be made.

Comprehensive Plan Land Use Maps Approval Resolution of 1992: Pursuant to Resolution 9-275, effective July 31, 1992, the Council approved the 4 proposed land use maps, dated November 1990, transmitted by the Mayor pursuant to the District of Columbia Comprehensive Plan Amendments Act of 1989.

Repeal of § 2 of D.C. Law 5-187: Section 3(a) of D.C. Law 12-275 provided that § 2 of D.C. Law 5-187 is repealed, effective April 27, 1999. Section 2 of D.C. Law 5-187 had added a new title XI to the District of Columbia Comprehensive Plan of 1984, adopted by D.C. Law 5-76.

District of Columbia Comprehensive Plan of 1984: Section 2 of D.C. Law 10-193 amended D.C. Law 5-76. The text of D.C. Law 10-193 is found at 41 DCR 5536.

Comprehensive Plan Land Use Maps Approval Resolution of 1996: Pursuant to Resolution 11-313, effective May 7, 1996, Council approved the two new and updated District of Columbia generalized land use maps transmitted by the Mayor pursuant to the District of Columbia Comprehensive Plan Amendments Act of 1994.

Resolutions

Resolution 14-112, the “Comprehensive Plan Land Use Maps Approval Resolution of 2001”, was approved effective June 5, 2001.

Resolution 15-614, the “Vision and Policy Framework for the Comprehensive Plan Update Sense of the Council Resolution of 2004”, was approved effective July 13, 2004.


§ 1–306.03. Mayor to propose ward plans; updated plans; public hearing; transmission to Council for adoption.

(a) Repealed.

(b) Repealed.

(c)(1) The Mayor shall prepare proposed small area action plans for selected geographical areas that require more specific land use analysis to incorporate the broadest range of planning techniques and solutions practical to achieve the District’s goals and objectives. The proposed small area action plans may include specific zoning recommendations, capital improvements requirements, financing strategies, special tax, design, or other regulatory recommendations, and implementation techniques necessary for the realization of objectives and policies of the Comprehensive Plan.

(2) The Mayor shall make copies of each proposed small area action plan available to each affected Advisory Neighborhood Commission and make ample copies of each proposed small area plan available to the Council and the public. Each proposed small area action plan shall include small area maps that depict land use policies at the small area level that are not inconsistent with the adopted generalized District-wide land use maps or approved ward plans.

(3) The Mayor shall hold a public hearing on each proposed small area action plan in the appropriate area, not less than 30 days after the publication of the proposed small area action plan and not more than 90 days after the publication of the proposed small area action plan.

(4) Not more than 60 days after the completion of the public hearing required by this subsection, the Mayor shall transmit the revised small area action plan to the Council, with a proposed resolution, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The transmission shall include copies of the Mayor’s public hearing records, and an executive summary that identifies the differences, and the rationale for the differences, between the revised small area action plan and the proposed small area action plan that had been the subject of a public hearing. If the Council does not approve or disapprove the revised small area action plan, in whole or in part, by resolution within this 45-day review period, the revised small area plan shall be deemed approved. Once approved, the small area action plan shall provide supplemental guidance to the Zoning Commission and other District agencies in carrying out the policies of the Comprehensive Plan.

(5) Small area action plans shall be prepared for selected geographical areas, including, but not limited to, the following areas:

(A) Each of the special treatment areas, housing opportunity areas, and development opportunity areas that are designated on the enacted District-wide generalized land use maps to implement the policies established for these areas in the Land Use Element of the Comprehensive Plan;

(B) The Mount Pleasant area, after studying the following proposed policies for this area:

(i) Support creative and multicultural expression through displays, performances, and festivals;

(ii) Maintain and enhance the character of the neighborhood by encouraging creative cultural design (including special-merit design) while protecting historical landmarks;

(iii) Promote additional low-income and moderate-income housing;

(iv) Encourage small-business incubators and plazas for licensed market vendors in order to increase business opportunities for residents; and

(v) Support low-impact mixed-use of residential space for multicultural arts, crafts, and other professional and consulting services;

(C) The Southwest Urban Renewal Area and other urban renewal areas to ensure that appropriate zoning plans for these areas continue to be developed in consultation with affected citizens, which shall be implemented in phases immediately upon the termination of the various sections of the urban renewal plans; and

(D) The Capitol Hill business district, the Eastern Market metrorail station area, and the Potomac Avenue metrorail station area, to implement policies for these areas set forth in the Ward 6 Plan.


(Mar. 16, 1985, D.C. Law 5-187, § 4, 32 DCR 873; May 23, 1990, D.C. Law 8-129, § 3(b)(1), 37 DCR 55; Oct. 6, 1994, D.C. Law 10-193, § 3(b)(1), 41 DCR 5536; Apr. 18, 1996, D.C. Law 11-110, § 2(b), 43 DCR 530; Apr. 27, 1999, D.C. Law 12-275, § 3(a), (b), 46 DCR 1441; Apr. 12, 2000, D.C. Law 13-91, § 101, 47 DCR 520.)

Prior Codifications

2001 Ed., § 1-301.64.

1981 Ed., § 1-247.

Effect of Amendments

D.C. Law 13-91, in the first sentence of subsec. (c)(1), substituted “shall” for “may”.

Cross References

National capital planning commission, see § 2-1002.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Extension of Review Period for the Rhode Island Avenue Small Area Action Plan Emergency Amendment Act of 2011 (D.C. Act 19-15, February 15, 2011, 58 DCR 1532).

For temporary (90 days) amendment of this section, see § 2 of the Extension of Review Period for the Southwest Small Area Plan Emergency Amendment Act of 2015 (D.C. Act 21-75, June 16, 2015, 62 DCR 8533, 21 DCSTAT 1465).

Effective Dates

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

Editor's Notes

Extension of statutory deadline for preparation of draft ward plans: Pursuant to Resolution 6-580, the “Draft Ward Plans Emergency Declaration Resolution of 1986,” effective March 11, 1986, the Council determined that emergency circumstances made it necessary that the Draft Ward Plans Emergency Amendment Act of 1986 be adopted after a single reading to extend by 3 months the statutory deadline by which the Mayor is required to prepare draft ward plans.

Resolutions

Resolution 14-460, the “Takoma Central District Plan Approval Resolution of 2002”, was approved effective June 21, 2002.

Resolution 15-244, the “Southwest Waterfront Plan Approval Resolution of 2003”, was approved effective October 7, 2003.

Resolution 15-460, the “H Street NE Strategic Development Plan Approval Resolution of 2004”, was approved effective February 17, 2004.

Resolution 16-685, the “Anacostia Transit Area Strategic Investment and Development Plan Approval Resolution of 2006”, was approved effective July 20, 2006.

Resolution 16-686, the “Georgia Avenue-Petworth Metro Station Area and Corridor Plan Approval Resolution of 2006”, was approved effective July 20, 2006.

Resolution 16-687, the “Convention Center Area Strategic Development Plan Approval Resolution of 2006”, was approved effective July 20, 2006.

Resolution 16-922, the “Barry Farm/Park Chester Nade Road Redevelopment Plan Approval Resolution of 2006”, was approved effective December 19, 2006.

Resolution 16-923, the “Lincoln Heights Richardson Dwellings New Communities Initiative Revitalization Plan Approval Resolution of 2006”, was approved effective December 19, 2006.

Resolution 17-538, the “Park Morton Redevelopment Initiative Plan Approval Resolution of 2008”, was approved effective February 19, 2008.

Resolution 18-336, the “Chinatown Cultural Development Small Area Action Plan Approval Resolution of 2009”, was approved effective December 15, 2009.

Resolution 18-424, the “Bellevue Small Area Action Plan Approval Resolution of 2010”, was approved effective March 16, 2010.

Resolution 18-679, the “Mount Pleasant Street Small Area Action Plan Approval Resolution of 2010”, was approved effective December 7, 2010.

Resolution 19-96, the “Rhode Island Avenue Small Area Action Plan Approval Resolution of 2011”, was approved effective May 3, 2011.


§ 1–306.04. Preserving and ensuring community input.

(a) Continuous community input into every phase of development of titles I through XII of section 3 (the “Comprehensive Plan”), from conception to adoption to implementation, is essential to assure that the Comprehensive Plan in all its elements is the valid expression of District residents, property owners, commercial interests, and other groups and individuals in the District. A variety of means to secure community input should be utilized, including advisory and technical committees, community workshops, review of draft texts, public forums and hearings, and other means of discussion and communication. The District government, through its executive and legislative branches, will strive to ensure that the Comprehensive Plan, in all its elements, is both responsive and responsible.

(b) Community input into the implementation of the District elements of the Comprehensive Plan will be assured by the requirement of a periodic review. Not less frequently than once every 4 years, beginning March 31, 2000, the Mayor shall submit to the Council a report, accompanied by a proposed resolution, on the progress made by the government of the District of Columbia in implementing the District elements of the Comprehensive Plan. The Council shall schedule a public hearing on the progress report and, following each review period, submit to the Mayor the findings of the Council and a copy of the public testimony on the progress report.

(c) Each progress report shall indicate the progress made in implementing Comprehensive Plan Actions during the reporting period and the key projected implementation activities by land use policy for the next 5 years.

(d) The Mayor shall submit periodically to the Council for its consideration proposed amendments to the Comprehensive Plan. Such amendments shall be submitted not less frequently than once every 4 years, beginning March 31, 2002, and shall be accompanied by an environmental assessment of the proposed amendments. Proposed amendments may also be submitted by the Mayor to the Council at any other time that the Mayor determines to be necessary.

(e) The process for executive branch consideration of proposed amendments to the Comprehensive Plan initiated by District agencies or the public shall include:

(1) Standards for appropriateness;

(2) A format and deadline for submission of amendments;

(3) Public meetings to be held by the executive;

(4) A mechanism for public review of all proposed amendment submissions;

(5) A mechanism for public review of the Mayor’s proposed amendments; and

(6) Submission by the Mayor to the Council of proposed amendments to the Comprehensive Plan.


(Apr. 10, 1984, D.C. Law 5-76, § 8 [9]; as added May 23, 1990, D.C. Law 8-129, § 3(a)(2), 37 DCR 55; Oct. 6, 1994, D.C. Law 10-193, § 3(a)(2), 41 DCR 5536; Apr. 27, 1999, D.C. Law 12-275, § 2(c), 46 DCR 1441; Mar. 8, 2007, D.C. Law 16-300, § 2(c), 54 DCR 924.)

Prior Codifications

2001 Ed., § 1-301.65.

1981 Ed., § 1-248.

Effect of Amendments

D.C. Law 16-300 rewrote subsec. (c) which had read as follows: “(c) Each progress report shall indicate the progress made in implementing the Land Use Element of the Comprehensive Plan by land use policy during the reporting period and the key projected implementation activities by land use policy for the next five years.”

References in Text

“Titles I through XII of section 3 (the ‘Comprehensive Plan’)” referred to in the first sentence of (a), refers to § 3 of D.C. Law 5-76.

Effective Dates

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

Editor's Notes

Pursuant to Resolution 9-267, effective July 10, 1992, the Council resolved to submit to the Mayor the findings of the Council on the Mayor’s 4th biennial progress report on implementing the District of Columbia Elements of the Comprehensive Plan.

Resolutions

Resolution 15-558, the “Progress Report on Implementing the Comprehensive Plan Findings Resolution of 2004”, was approved effective June 1, 2004.


§ 1–306.05. Publication of the Comprehensive Plan.

(a) Within 90 days of March 8, 2007, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety.

(b) The Comprehensive Plan shall be consolidated by the District of Columbia Office of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Office of Documents’ publication standards.

(c) Within 90 days of April 8, 2011, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety. The Comprehensive Plan shall be consolidated by the District of Columbia Office of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Office of Documents’ publication standards.


(Apr. 10, 1984, D.C. Law 5-76, § 9a; as added Oct. 6, 1994, D.C. Law 10-193, § 3(a)(3), 41 DCR 5536; Apr. 27, 1999, D.C. Law 12-275, § 2(d), 46 DCR 1441; Mar. 8, 2007, D.C. Law 16-300, § 2(d), 54 DCR 924; Apr. 8, 2011, D.C. Law 18-361, § 201(b), 58 DCR 908.)

Prior Codifications

2001 Ed., § 1-301.66.

1981 Ed., § 1-248.1.

Effect of Amendments

D.C. Law 16-300 rewrote subsecs. (a) and (b).

D.C. Law 18-361 added subsec. (c).

Effective Dates

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


§ 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.


§ 1–306.07. Zoning conformity.

(a)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, the government shall be subject to zoning.

(2) Any governmental land uses that were either existent or substantially planned, documented, and invested in prior to May 23, 1990, shall not be subject to zoning.

(3) The use of government-owned property on Lot 276 in Square 1282, which is located at 3050 R Street, N.W., as a residential treatment and special education facility for not more than 24 emotionally disturbed children, ages 6 to 12 years, and as a treatment and special education facility for not more than 15 emotionally disturbed children, ages 6-12, who do not reside at the facility, shall not be subject to zoning.

(4) The government’s use of property on the former site of the United States Naval Air Station communications facility located in the northeast corner of the east campus of Saint Elizabeths Hospital as a facility to send and receive 911 or other governmental emergency communications shall not be subject to zoning. Any governmental use of this property for other purposes or any non-governmental use of this property shall be subject to zoning or review and approval by the Council.

(b) The Mayor shall within 16 months of April 8, 2011, propose amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan.


(Mar. 16, 1985, D.C. Law 5-187, § 7; 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)(3), 41 DCR 5536; Mar. 21, 1995, D.C. Law 10-235, §§ 2(l), 4(b), 42 DCR 30; Apr. 27, 1999, D.C. Law 12-275, § 3(c), 46 DCR 1441; Mar. 8, 2007, D.C. Law 16-300, § 4, 54 DCR 924; Oct. 18, 2007, D.C. Law 17-23, § 2, 54 DCR 8009; Mar. 25, 2009, D.C. Law 17-353, § 171, 56 DCR 1117; Apr. 8, 2011, D.C. Law 18-361, § 202, 58 DCR 908; Sept. 26, 2012, D.C. Law 19-171, § 8, 59 DCR 6190.)

Prior Codifications

2001 Ed., § 1-301.68.

1981 Ed., § 1-250.

Effect of Amendments

D.C. Law 16-300, in subsec. (b), substituted “March 8, 2007” for “April 27, 1999”.

D.C. Law 17-23, in subsec. (a)(1), substituted “(4), and (5)” for “and (4)”; and added subsec. (a)(5), which read as follows: “(5) The government’s use of the parking structures that will provide approximately 1,325 parking spaces on areas commonly known as ‘parcel A’ (adjacent to South Capitol Street and N Street, S.E.), ‘parcel B’ (adjacent to N Street and First Street, S.E.), and ‘parcel C’ (adjacent to Potomac Avenue and South Capitol Street, S.E.) within the ballpark site, as defined under § 10-1601.05(a)(2), or ballpark, as defined under § 47-2002.05(a)(1)(A), shall not be subject to zoning.”

The amendments to this section made by D.C. Law 17-23 expired on December 31, 2008, pursuant to section 3 of D.C. Law 17-23.

D.C. Law 17-353 validated a previously made technical correction in subsec. (b).

D.C. Law 18-361, in subsec. (b), substituted “April 8, 2011” for “March 8, 2007”.

The 2012 amendment by D.C. Law 19-171 validated the date change made by D.C. Law 18-361 in (b).

Expiration of Law

Expiration of Law 17-23

Section 3 of D.C. Law 17-23 provided:

Emergency Legislation

For temporary amendment of section, see § 2 of the Comprehensive Plan Land Use Antenna Exemption Emergency Amendment Act of 1998 (D.C. Act 12-514, December 9, 1998, 46 DCR 1).

For temporary (90-day) amendment of section, see § 2 of the Comprehensive Plan Land Use Georgetown Flea Market Exemption Emergency Amendment Act of 1999 (D.C. Act 13-253, January 27, 2000, 47 DCR 827).

For temporary (90 day) amendment of section, see § 2 of Ballpark Parking Completion Emergency Amendment Act of 2006 (D.C. Act 16-535, December 4, 2006, 53 DCR 9850).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Comprehensive Plan Land Use Antenna Exemption Temporary Amendment Act of 1998 (D.C. Law 12-218, April 13, 1999, law notification 46 DCR 3840).

Section 2 of D.C. Law 16-251, in subsec. (a), in par. (1), substituted “(4), and (5)” for “and (4)”, and added par. (5) to read as follows: “(5) The government’s use of the parking structures that will provide approximately 1,225 parking spaces on areas commonly known as ‘parcel A’ (adjacent to South Capitol Street and N Street, S.E.), ‘parcel B’ (adjacent to N Street and First Street, S.E.), and ‘parcel C’ (adjacent to Potomac Avenue and South Capitol Street, S.E.) within the Ballpark Site, as defined under section 105(a)(2) of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.05(a)(2)), or Ballpark as defined under D.C. Official Code § 47-2002.05(a)(1)(A), shall not be subject to zoning.”

Section 3 of D.C. Law 16-251 provided: “This act shall expire on the earlier of the completion of the construction in 2006 through 2008 of the parking structures on the Ballpark Site or December 31, 2008.”

Section 4(b) of D.C. Law 16-251 provided that the act shall expire after 225 days of its having taken effect.

Effective Dates

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

Editor's Notes

“This act shall expire on the earlier of the completion of the construction in 2006 through 2008 of the parking structures, including the issuance of a certificate of occupancy for such structures, on the Ballpark Site or December 31, 2008.”


Part B. Housing Linkage Requirement of the Housing Element.

§ 1–306.31. Housing linkage objective.

The housing linkage objective is to require applicants who obtain bonus commercial office space as a result of a discretionary and otherwise appropriate street or alley closing or zoning density increase to produce housing or contribute funds to the production of housing, particularly housing that is affordable to low- and moderate-income households throughout the District, in an amount based on a formula tied to the amount or value of the additional commercial office square footage obtained.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1497.)


§ 1–306.32. Housing linkage purpose.

In establishing the housing linkage objective, the District sets forth the following purposes:

(1) To encourage the construction and rehabilitation of housing throughout the District of Columbia, particularly housing that is affordable to low- and moderate-income households;

(2) To reduce a shortage of affordable housing in the District which has been caused in part by increased demand for this housing from employees of new commercial development who compete with present residents for scarce, vacant affordable housing, and by high land values which raise the cost of housing and which are partly a function of the demand for additional commercial office space in the National Capital; and

(3) To increase the income tax base and labor force in the District by providing a mechanism to stimulate the development and expansion of housing for employees in the District who cannot afford to reside in the District.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1497.)


§ 1–306.33. Housing linkage policies — Requirements.

The policies established in support of the housing linkage objective are as follows:

(1) Except as provided in § 1-306.41, whenever the Council approves a discretionary and otherwise appropriate street or alley closing which results in the provision of additional commercial office space, or whenever the Zoning Commission approves a discretionary and otherwise appropriate zoning density increase which results in the provision of additional commercial office space, the applicant who obtains the additional commercial office space shall be required to comply with the following housing requirement:

(A) The applicant shall construct or rehabilitate housing that is affordable to low- and moderate- income households in the District, the minimum amount of which shall be calculated by the formula set forth in paragraph (2) of this section, which shall be dedicated to use for affordable housing for no fewer than 20 years, and which shall be developed in accordance with the schedule set forth in § 1-306.43; or

(B) The applicant shall contribute funds, the minimum amount of which shall be calculated by the formula set forth in § 1-306.36, to a housing trust fund in accordance with the schedule set forth in § 1-306.34.

(2) Except as provided in § 1-306.34, if the applicant agrees to construct or rehabilitate the affordable housing, then the total square footage of the affordable housing that the applicant shall be required to construct or rehabilitate shall be as follows:

(A) Not less than 1/4 of the total square footage of the additional commercial office space, if the required affordable housing is located on or adjacent to the site of the additional commercial office space;

(B) Not less than 1/3 of the total square footage of the additional commercial office space, if the required affordable housing is located off or not adjacent to the site of the additional commercial office space, and if the housing is located within the advisory neighborhood commission area where the additional commercial office space is located or within an area designated on an enacted land use map of the Comprehensive Plan as a housing opportunity area; or

(C) Not less than 1/2 of the total square footage of the additional commercial office space, if the required affordable housing is located in any other area of the District.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1497.)

Section References

This section is referenced in § 1-306.34, § 1-306.35, and § 1-306.41.


§ 1–306.34. Required housing where existing housing is removed.

If the additional commercial office space is located on a development site that is improved with 1 or more housing units that are removed, either after the application or within 1 year prior to the application to facilitate the commercial development, the total square footage of the required affordable housing shall be not less than the total square footage of the removed housing plus the square footage of housing required by § 1-306.33(2).


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1498.)

Section References

This section is referenced in § 1-306.33.


§ 1–306.35. Applicant’s choice.

If the applicant agrees to construct or rehabilitate affordable housing pursuant to § 1-306.33(1), the applicant may satisfy this agreement in any manner chosen by the applicant, including but not limited to a joint venture, partnership, contract, or arrangement with another party to develop the required housing.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1498.)


§ 1–306.36. Housing trust fund requirement.

Except as provided in § 1-306.37, if the applicant agrees to contribute funds to a housing trust fund, the amount of funds to be contributed shall be no less than the total of 1/2 of the assessed value of the total square footage of additional commercial office space.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1498.)

Section References

This section is referenced in § 1-306.33.


§ 1–306.37. Housing trust fund requirement where existing housing removed.

If the applicant agrees to contribute funds to a housing trust fund, and if the additional commercial office space is located on a development site that is improved with 1 or more housing units that are removed, either after the application or within 1 year prior to the application to facilitate the commercial development, the amount of funds to be contributed shall be no less than the total of the assessed value of the housing units that are removed plus 1/2 of the assessed value of the total square footage of additional commercial office space.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1499.)

Section References

This section is referenced in § 1-306.36.


§ 1–306.38. Zoning Commission powers.

Nothing in this part shall require the Zoning Commission to grant or deny an application for a zoning density increase.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1499.)


§ 1–306.39. Zoning regulations.

Nothing in this part shall supplant any requirement of the Zoning Regulations.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1499.)


§ 1–306.40. Comprehensive Plan Requirement.

Nothing in this part shall obviate the requirement that zoning shall not be inconsistent with the Comprehensive Plan. However, the Zoning Commission and the Mayor’s Office of Planning each shall consider an applicant’s compliance with the requirements of this part as supportive of the Comprehensive Plan and as providing public amenities associated with an applicant’s project.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1499.)


§ 1–306.41. Exceptions.

The provisions of this part shall not apply to the following applicants:

(1) An applicant who obtains a street or alley closing or a zoning density increase for a development that includes, on or adjacent to the site of the development, an amount of housing that is equal to the amount that would be calculated pursuant to the formula set forth in § 1-306.33(2)(C);

(2) An applicant whose development obtains no additional commercial office space as a result of obtaining a street or alley closing or a zoning density increase;

(3) An applicant for a street or alley closing or a zoning density increase who represents a federal government agency, the Washington Metropolitan Area Transit Authority, or the Pennsylvania Avenue Development Corporation;

(4) An applicant who obtains additional commercial office space pursuant to the variance provisions of the Zoning Regulations;

(5) An applicant whose approved street or alley closing was decided by the Council, or whose approved zoning density increase was decided by the Zoning Commission, prior to October 6, 1994;

(6) An applicant who obtains a zoning density increase for a development that already is subject to a housing, retail, arts, or historic preservation requirement pursuant to the zoning regulations set forth in the Downtown Development District; or

(7) An applicant who obtains a street or alley closing or a zoning density increase for a development about which the Council, in its legislation that approves of the street or alley closing, or the Zoning Commission, in its order that approves of the zoning density increase, makes all of the following findings after a public hearing, for which prior notice of a request for this exemption was provided to each affected Advisory Neighborhood Commission and in the District of Columbia Register, and during which the burden of proof is upon the applicant to justify granting this exemption:

(A) The development associated with the street or alley closing or zoning density increase is located within an area designated in the text or map of the Comprehensive Plan as a development opportunity area, a production and technical employment area, or a new or upgraded commercial center; and

(B) Imposition of no housing requirement or a housing requirement that is less stringent than the requirement imposed by this part is necessary to implement objectives and policies set forth in this Plan for that designated area, which otherwise would likely not be achieved.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1499.)

Section References

This section is referenced in § 1-306.33.


§ 1–306.42. Building permits associated with street or alley closings or zoning density increases.

An applicant who obtains a street or alley closing or a zoning density increase who is required to construct or rehabilitate affordable housing pursuant to this part shall not be issued a building permit for the applicant’s commercial development until the applicant certifies to the District either that a building permit has been issued for the required amount of affordable housing, or that the applicant has contributed sufficient funds to a housing provider to construct or rehabilitate the required amount of affordable housing.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1500.)


§ 1–306.43. Street or alley closings or zoning density increases associated with housing trust fund contributions.

An applicant who obtains a street or alley closing or a zoning density increase who is required to contribute funds to a housing trust fund pursuant to this part shall proceed in accordance with the following schedule:

(1) Not less than 1/2 of the required total contribution shall be made prior to the issuance of a building permit for any of the commercial development; and

(2) The balance of the required total contribution shall be made prior to the issuance of a certificate of occupancy for any of the commercial development.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1500.)


§ 1–306.44. Issuance of building permit or certificate of occupancy.

Prior to the issuance of a building permit or certificate of occupancy for the commercial development, whichever is applicable, the applicant shall certify to the District that the provisions of this part have been satisfied.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1500.)


§ 1–306.45. Regulations adopted to implement this part.

The Zoning Commission and all other agencies that have authority to adopt regulations to implement the housing linkage policies shall adopt regulations to implement the provisions of this part.


(Apr. 10, 1984, D.C. Law 5-76, § 3, 31 DCR 1049; Apr. 27, 1999, D.C. Law 12-275, § 2(a), 41 DCR 1500.)