Code of the District of Columbia

Subchapter XIV. Economic Development along the Anacostia Waterfront.


Part A. Anacostia Waterfront Initiative and Framework Plan.

§ 2–1226.01. Implementation of the Framework Plan.

(a) For all projects within the Anacostia Waterfront Development Zone, the Mayor shall:

(1) Implement, induce, assist, facilitate, and coordinate implementation of the Anacostia Waterfront Framework Plan, dated November 2003, as amended or supplemented (“Framework Plan”), and any small area plans within the Anacostia Waterfront Development Zone approved by the Council;

(2) Induce, assist, and facilitate efforts to improve the environmental integrity of waterways within the Anacostia Waterfront Development Zone; and

(3) Exercise regional leadership for the restoration of the Anacostia River.

(b) The Mayor may amend or supplement the Framework Plan; provided, that a proposed amendment or supplement shall be:

(1) Made available by the Mayor to the public for a 30-day period of public review and comment; and

(2) Submitted to the Council for a 60-day period of review, excluding days of Council recess, along with a proposed resolution to approve the proposed amendment or supplement. If the Council does not approve or disapprove the proposed resolution within the 60-day period, the proposed amendment or supplement shall be deemed disapproved.


(Mar. 26, 2008, D.C. Law 17-138, § 401, 55 DCR 1689.)

Section References

This section is referenced in § 2-1225.21.

Emergency Legislation

For temporary (90 day) addition, see § 401 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 401 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

Temporary Legislation

D.C. Law 17-53, § 401, added a section to read as follows:

“Sec. 401. Anacostia Waterfront Initiative and Framework Plan.

“(a) The Mayor shall be guided by the Anacostia Waterfront Initiative Framework Plan, dated November 2003, as amended or supplemented (‘Framework Plan’), and any small area plan approved by the Council with respect to the projects carried out inside the Anacostia Waterfront Development Zone.

“(b) The Mayor may amend or supplement the Framework Plan; provided, that the Mayor shall transmit to the Council for a 45-day period of review, excluding days of Council recess, a proposed resolution to approve any proposed amendment or supplement. If the Council does not approve or disapprove the proposed resolution within the 45-day period, the proposed resolution shall be deemed approved.”

Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 801 of D.C. Law 17-138 provided: “This act shall sunset on September 30, 2008, if the fiscal effect of this act has not been included in an approved budget and financial plan.”

Section 305(a) of D.C. Law 17-353 repeals section 801 of D.C. Law 17-138. Section 305(b) of D.C. Law 17-353 provided that this section shall apply as of September 29, 2009.


§ 2–1226.02. Provisions applicable to development projects located within the Anacostia Waterfront Development Zone.

(a) In contracting with general contractors, developers, or construction managers on, and in providing assistance of over $100,000 to, a development project located within the Anacostia Waterfront Development Zone, the Mayor shall require the general contractor, developer, and construction manager of the development project to engage in good faith efforts to:

(1) Procure and contract 35% of the dollar volume of its goods and services, including construction goods and services, with local, small, and disadvantaged business enterprises, with a preference for at least 10% of those enterprises located in Ward 8;

(2) Ensure that at least 51% of the new jobs created in connection with the project are filled by residents of the District, with a preference for at least 20% of those jobs designated for residents in Ward 8; and

(3) Utilize the workforce intermediary as defined in § 2-1226.03 as the primary means of meeting the hiring requirement of paragraph (2) of this subsection.

(b)(1) With respect to development projects on real property owned, controlled, or disposed of by any instrumentality of the District within the Anacostia Waterfront Development Zone, no less than 15% of the residential units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households.

(2) For the purposes of this subsection, the term:

(A) “Affordable” means housing for which a household at the required affordability level will pay no more than 30% of its income toward gross housing costs for 50 years in the case of rental units, and 20 years for homeownership units.

(B) “Area median income” means:

(i) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

(iv) For a household of one person, 70% of the area median income for a household of 4 persons; and

(v) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons.

(C) “Low-income household” means a household consisting of one or more persons with income equal to or less than 30% of the area median income.

(D) “Moderate-income household” means a household consisting of one or more persons with income equal to or less than 60% of the area median income and greater than 30% of the area median income.

(3) Any percentage of household income referenced in this subsection shall be determined through a direct mathematical calculation and shall not take into account any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.


(Mar. 26, 2008, D.C. Law 17-138, § 402, 55 DCR 1689; Mar. 3, 2010, D.C. Law 18-107, § 2, 57 DCR 20.)

Section References

This section is referenced in § 2-1217.151 and § 2-1226.03.

Effect of Amendments

D.C. Law 18-107 rewrote subsec. (b)(1), which had read as follows: “(b)(1) With respect to development projects on real property owned, controlled, or disposed of by any instrumentality of the District within the Anacostia Waterfront Development Zone, no less than the following percentages of residential units shall be affordable at the following income levels: (A) For ownership units, at least 15% units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households. (B) For rental units, at least 15% of units shall be affordable to moderate-income households and at least 15% of units shall be affordable to low-income households.”

Emergency Legislation

For temporary (90 day) addition, see § 403 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 403 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

Temporary Legislation

D.C. Law 17-53, § 403, added a section to read as follows:

“Sec. 403. Provisions applicable to development projects located within the Anacostia Waterfront Development Zone.

“(a) In contracting with general contractors, developers, or construction managers on, and in providing assistance of over $100,000 to, a development project located within the Anacostia Waterfront Development Zone, the Mayor shall require the general contractor, developer, and construction manager of the development project to engage in good faith efforts to:

“(1) Procure and contract 35% of the dollar volume of its goods and services, including construction goods and services, with local, small, and disadvantaged business enterprises, with a preference for at least 10% of those enterprises located in Ward 8; and

“(2) Ensure that at least 51% of the new jobs created in connection with the project are filled by residents of the District, with a preference for at least 20% of those jobs designated for residents in Ward 8.

“(b)(1) With respect to development projects on real property owned by the District within the Anacostia Waterfront Development Zone, no less than the following percentages of residential units shall be affordable at the following income levels:

“(A) For ownership units, at least 15% of the units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households.

“(B) For rental units, at least 15% of the units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households.

“(2) For the purposes of this subsection, the term:

“(A) ‘Affordable’ means housing for which a household at the required affordability level will pay no more than 30% of its income toward gross housing costs for 50 years in the case of rental units, and 20 years for homeownership units.

“(B) ‘Area median income’ means:

“(i) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

“(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

“(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

“(iv) For a household of one person, 70% of the area median income for a household of 4 persons; and

“(v) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons.

“(C) ‘Low-income household’ means a household consisting of one or more persons with income equal to or less than 30% of the area median income.

“(D) ‘Moderate-income household’ means a household consisting of one or more persons with income equal to or less than 60% of the area median income and greater than 30% of the area median income.

“(3) Any percentage of household income referenced in this subsection shall be determined through a direct mathematical calculation and shall not take into account any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.”

Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3 of D.C. Law 18-107 provided: “This act shall apply as of December 16, 2008.”


§ 2–1226.03. Workforce intermediary.

(a) The Mayor shall use a workforce intermediary as the primary means of meeting the hiring requirements of § 2-1226.02(a)(2).

(b)(1) If prior to July 20, 2007, the former AWC has selected an organization or organizations to serve as a workforce intermediary, the Mayor shall continue to use the organization or organizations as a workforce intermediary; provided, that the Mayor may select additional organizations and may terminate the use of the organization or organizations selected by the former AWC.

(2) If prior to July 20, 2007, the former AWC has not selected an organization or organizations to serve as a workforce intermediary, then by August 20, 2007, the Mayor shall issue a request for proposals designed to select an organization or organizations to serve as a workforce intermediary. Within 120 days after issuing the request for proposals, the Mayor shall select an organization or organizations to serve as a workforce intermediary.

(c) For the purposes of this section, the term “workforce intermediary” means an entity established or chosen by the Mayor, or the former AWC, that is modeled on similar, successful entities in other cities and is designed to meet the hiring goals of § 2-1226.02(a)(2) by coordinating the needs and capacities of businesses that are creating new jobs in the Anacostia Waterfront Development Zone, workforce development organizations that serve residents of the District, and residents of the District who are seeking jobs in the Anacostia Waterfront Development Zone.


(Mar. 26, 2008, D.C. Law 17-138, § 403, 55 DCR 1689.)

Section References

This section is referenced in § 2-1225.21 and § 2-1226.02.

Emergency Legislation

For temporary (90 day) addition, see § 404 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 404 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

For temporary (90 day) addition of section, see § 2 of Workforce Intermediary Task Force Establishment Emergency Act of 2011 (D.C. Act 19-131, August 2, 2011, 58 DCR 6789).

For temporary (90 day) addition of section, see § 2 of Workforce Intermediary Task Force Establishment Second Emergency Act of 2011 (D.C. Act 19-167, October 11, 2011, 58 DCR 8900).

Temporary Legislation

Section 2 of D.C. Law 19-55 added a section to read as follows:

“Sec. 2. Establishment of Workforce Intermediary Task Force.

“(a)(1) By November 1, 2011, the Mayor shall establish a Workforce Intermediary Task Force (”Task Force“) to review best practices for workforce intermediary programs.

“(2) The Task Force shall review similar programs implemented by the governments of Boston, Minneapolis, San Francisco, and any other cities that have implemented similar programs.

“(3) By January 15, 2012, the Task Force shall recommend to the Mayor and the Council a Workforce Intermediary Program (‘Program’) for the District. The recommendation shall include a review of:

“(A) The industries, in addition to the construction industry, that should be a focal point of the Program because they are frequently required to enter into first source agreements;

“(B) What would be a reasonable operating budget for the Program, including a cap on administrative costs;

“(C) What would be a reasonable funding mechanism for the Program;

“(D) How the Program would collaborate with multiple District government agencies and community-based organizations to serve job-ready residents as well as residents needing job-training services or adult basic education services;

“(E) The specific performance metrics that should be used to assess the performance of the Program’s process and outcomes;

“(F) The baseline data that would be needed to isolate, to the fullest extent possible, the effects of the Program;

“(G) The type of governance structure that would work best for establishing the Program and for the ongoing operations of the Program; and

“(H) What programmatic and statutory recommendations would be necessary regarding how the Program will interact with the District’s First Source Register program.

“(b)(1) The recommendations shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. Upon receipt of the recommendations, the Council shall hold a public roundtable or hearing. If the Council does not approve or disapprove the recommendations, in whole or in part, by resolution within the 45-day review period, the recommendations shall be deemed disapproved.

“(2) If the recommendations are disapproved by the Council, the Council’s Committee on Housing and Workforce Development shall transmit a report to the Task Force citing the Council’s concerns and the Task Force shall have 30 days to review the report and re-submit its new recommendations to the Mayor and the Council for approval pursuant to paragraph (1) of this subsection.

“(c) The Task Force shall consist of the following 17 members:

“(1) The Mayor, or his designee;

“(2) The Chairman of the Council, or his designee;

“(3) The Chairman of the Council’s Committee on Housing and Workforce Development, or his designee;

“(4) The Director of the Department of Employment Services;

“(5) The Deputy Mayor for Planning and Economic Development, or his designee;

“(6) The Executive Director of the Workforce Investment Council;

“(7) Two members of the District business community who represent industries that are frequently subject to first source agreements, appointed by the Mayor;

“(8) Two members of the District business community who represent industries that are frequently subject to first source agreements, appointed by the Chairman of the Council;

“(9) A representative of a District job training or education provider, appointed by the Mayor;

“(10) A representative of a District job training or education provider, appointed by the Chairman of the Council;

“(11) Two representatives of organized labor, appointed by the Mayor;

“(12) A representative of organized labor, appointed by the Chairman of the Council;

“(13) A representative of the District philanthropic community or an organization focused on workforce development research, appointed by the Mayor; and

“(14) A representative of the District philanthropic community or an organization focused on workforce development research, appointed by the Chairman of the Council.

“(d) The Mayor and the Chairman of the Council shall serve as co-chairs of the Task Force.

“(e) The director of each District agency and instrumentality that engages in capital construction shall advise and assist the Task Force.”

Section 4(b) of D.C. Law 19-55 provided that the act shall expire after 225 days of its having taken effect.

D.C. Law 17-53, § 404, added a section to read as follows:

“Sec. 404. Workforce intermediary.

“(a) The Mayor shall use the workforce intermediary as the primary means of meeting the hiring requirements of section 403(a)(2).

“(b)(1) If prior to July 20, 2007, the former AWC has selected an organization or organizations to serve as a workforce intermediary, the Mayor shall continue to use the organization or organizations as a workforce intermediary; provided, that the Mayor may select additional organizations and may terminate the use of the organization or organizations selected by the former AWC.

“(2) If prior to July 20, 2007, the former AWC has not selected an organization or organizations to serve as a workforce intermediary, then within 30 days after July 20, 2007, the Mayor shall issue a request for proposals designed to select an organization or organizations to serve as a workforce intermediary. Within 120 days after issuing the request for proposals, the Mayor shall select an organization or organizations to serve as a workforce intermediary.

“(c) For the purposes of this section, the term ‘workforce intermediary’ means an entity established by the Mayor or the former AWC and modeled on similar, successful entities in other cities, to meet the hiring goals of section 403(a)(2) by coordinating the needs and capacities of businesses that are creating new jobs in the Anacostia Waterfront Development Zone, workforce development organizations that serve residents of the District, and residents of the District who are seeking jobs in the Anacostia Waterfront Development Zone.”

Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect.


§ 2–1226.04. Definition of Anacostia Waterfront Development Zone.

For the purpose of this subchapter, the term “Anacostia Waterfront Development Zone” means:

(1) Interstate 395 and all rights-of-way of Interstate 395, within the District, except for the portion of Interstate 395 that is north of E Street, S.W., or S.E.;

(2) All land between that portion of Interstate 395 that is south of E Street, S.W., or S.E., and the Anacostia River or Washington Channel;

(3) All land between that portion of Interstate 695, and all rights-of-way, that are south of E Street, S.W. or S.E., and the Anacostia River;

(4) The portion of Interstate 295 that is north of the Anacostia River, within the District, and all rights-of-way of that portion of Interstate 295;

(5) All land between that portion of Interstate 295 that is north of the Anacostia River and the Anacostia River;

(6) The portions of:

(A) The Anacostia Freeway that are north or east of the intersection of the Anacostia Freeway and Defense Boulevard and all rights-of-way of that portion of the Anacostia Freeway;

(B) Kenilworth Avenue that extend to the northeast from the Anacostia Freeway to Eastern Avenue; and

(C) Interstate 295, including its rights-of-way, that are east of the Anacostia River and that extend to the southwest from the Anacostia Freeway to Defense Boulevard.

(7) All land between those portions of the Anacostia Freeway, Kenilworth Avenue, and Interstate 295 described in paragraph (6) of this section and the Anacostia River;

(8) All land that is adjacent to the Anacostia River and designated as parks, recreation, and open space on the District of Columbia Generalized Land Use Map, dated January 2002, except for the land that is:

(A) North of New York Avenue, N.E.;

(B) East of the Anacostia Freeway; including rights-of-way of the Anacostia Freeway;

(C) East of the portion of Kenilworth Avenue that extends to the northeast from the Anacostia Freeway to Eastern Avenue;

(D) East of the portion of Interstate 295, including its rights-of-way, that is east of the Anacostia River and that extends to the southwest from the Anacostia Freeway to Defense Boulevard, but excluding the portion of 295 and its rights-of-way that go to the northwest across the Anacostia River;

(E) Contiguous to that portion of the Suitland Parkway that is south of Martin Luther King, Jr. Avenue; or

(F) South of a line drawn along, and as a continuation both east and west of the center line of the portion of Defense Boulevard between Brookley Avenue, S.W., and Mitscher Road, S.W.;

(9) All land, excluding Eastern High School, that is:

(A) Adjacent to the land described in paragraph (8) of this section;

(B) West of the Anacostia River; and

(C) Designated as a local public facility on the District of Columbia Generalized Land Use Map, dated January 2002;

(10) All land that is:

(A) South or east of that portion of Potomac Avenue, S.E., between Interstate 295 and 19th Street, S.E.; and

(B) West or north of the Anacostia River;

(11) The portion of the Anacostia River within the District; and

(12) The Washington Channel.


(Mar. 26, 2008, D.C. Law 17-138, § 404, 55 DCR 1689; Oct. 23, 2012, D.C. Law 19-192, § 2(a), 59 DCR 10174.)

Section References

This section is referenced in § 2-1226.33.

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 substituted “Interstate 395 that is north of E Street, S.W., or S.E.” for “Interstate 95 that is north of D Street, N.W., and N.E.” in (1); substituted “south of E Street, S.W., or S.E., and the Anacostia River or Washington Channel” for “south of D Street, N.W., and N.E., and the Washington Channel” in (2); substituted “Interstate 695, and all rights-of-way, that are south of E Street, S.W. or S.E.” for “Interstate 395 that is south of D Street, N.W. and N.E.” in (3); rewrote (6) and (8); substituted “paragraph (8) of this section” for “paragraph (7) of this section” in (9)(A); and substituted “and” for “or” at the end of (9)(b).

Emergency Legislation

For temporary (90 day) addition, see § 405 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 405 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

Temporary Legislation

D.C. Law 17-53, § 405, added a section to read as follows:

“Sec. 405. Definition of Anacostia Waterfront Development Zone.

“For the purposes of this title, the term ‘Anacostia Waterfront Development Zone’ shall consist of the following:

“(1) Interstate 395 and all rights-of-way of Interstate 395, except for the portion of Interstate 95 that is north of D Street, N.W., and N.E.;

“(2) All land between that portion of Interstate 395 that is south of D Street, N.W., and N.E., and the Washington Channel;

“(3) All land between that portion of Interstate 395 that is south of D Street, N.W., and N.E., and the Anacostia River;

“(4) The portion of Interstate 295 that is north of the Anacostia River and all rights-of-way of that portion of Interstate 295;

“(5) All land between that portion of Interstate 295 that is north of the Anacostia River and the Anacostia River;

“(6) The portion of the Anacostia Freeway that is north or east of the intersection of the Anacostia Freeway and Defense Boulevard and all rights-of-way of that portion of the Anacostia Freeway;

“(7) All land between that portion of the Anacostia Freeway described in paragraph (6) of this subsection and the Anacostia River;

“(8) All land that is adjacent to the Anacostia River and designated as parks, recreation, and open space on the District of Columbia Generalized Land Use Map dated January 2002, except for the land that is:

“(A) North of New York Avenue, N.E.;

“(B) East of the Anacostia Freeway;

“(C) Contiguous to that portion of the Suitland Parkway that is south of Martin Luther King Jr. Avenue;

“(D) South of a line drawn along, and as a continuation both east and west of, the center line of the portion of Defense Boulevard between Brookley Avenue, S.W., and Mitscher Road, S.W.;

“(9) All land, excluding Eastern High School, that is:

“(A) Adjacent to the land described in paragraph (7) of this subsection;

“(B) West of the Anacostia River; or

“(C) Designated as a local public facility on the District of Columbia Generalized Land Use Map;

“(10) All land that is:

“(A) South or east of that portion of Potomac Avenue, S.E., between Interstate 295 and 19th Street, S.E.; and

“(B) West or north of the Anacostia River;

“(11) The portion of the Anacostia River within the District; and

“(12) The Washington Channel.”

Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect.


Part B. Anacostia Waterfront Environmental Standards.

§ 2–1226.31. Short title.

This part may be cited as the “Anacostia Waterfront Environmental Standards Act of 2008”.


(Mar. 26, 2008, D.C. Law 17-138, § 451, 55 DCR 1689.)

Section References

This section is referenced in § 1-301.181 and § 2-1225.21.

Emergency Legislation

For temporary (90 day) addition, see § 402 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 402 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

Temporary Legislation

D.C. Law 17-53, § 402, added a section to read as follows:

“Sec. 402. Environmental standards.

“The Mayor shall continue to maintain and apply the environmental standards adopted by the Anacostia Waterfront Corporation Board of Directors on June 1, 2007, to all of the properties, projects, initiatives, and developments within the Anacostia Waterfront Development Zone.”

Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect.


§ 2–1226.32. Definitions.

For the purposes of this part, the term:

(1) “Applicant” shall have the same meaning as set forth in § 6-1451.01(2).

(1A) “Complete stormwater management plan” means a plan, with required supporting documentation, that demonstrates compliance with each applicable stormwater management requirement, as determined by DDOE.

(1B) “Current edition” shall have the same meaning as provided in § 6-1451.01(8A).

(1C) “DDOE” means the District Department of the Environment.

(1D) “District-financed” or “District instrumentality-financed” shall have the same meaning as provided in § 6-1451.01(10A).

(1E) “First building permit” shall have the same meaning as provided in § 6-1451.01(14A).

(2) “Green Building Act” means the Chapter 14A of Title 6.

(3) “LEED” shall have the same meaning as provided in § 6-1451.01(26).

(3A) “LEED standard for commercial and institutional buildings” shall have the same meaning as provided in § 6-1451.01(31A).

(4) “New construction” shall have the same meaning as set forth in § 6-1451.01(33).

(5) “Project” shall have the same meaning as set forth in § 6-1451.01(35).

(6) Repealed.

(7) “Substantial improvement” shall have the same meaning as set forth in § 6-1451.01(40).


(Mar. 26, 2008, D.C. Law 17-138, § 452, 55 DCR 1689; Mar. 31, 2011, D.C. Law 18-349, § 4(a), 58 DCR 724; Oct. 23, 2012, D.C. Law 19-192, § 2(b), 59 DCR 10174.)

Effect of Amendments

D.C. Law 18-349 added subsecs. (a)(1A) and (3A); and rewrote subsec. (a)(3), which formerly read as follows: “(3) ‘LEED’, ‘LEED-CI’, ‘LEED-CS’, and ‘LEED-NC’ shall have the same meanings as set forth in § 6-1451.01(26), (27), (28), and (30).”

The 2012 amendment by D.C. Law 19-192 redesignated (1A) as (1B); added (1A), (1C), (1D), and (1E); and repealed (6).


§ 2–1226.33. Applicability of part.

(a) This part shall apply to all new construction and substantial improvement projects located within the Anacostia Waterfront Development Zone, as defined in § 2-1226.04:

(1) That are District-owned or District instrumentality-owned;

(2) Where at least 15% of a project’s total cost is District-financed or District instrumentality-financed; or

(3) That include a gift, lease, or sale from District-owned or District instrumentality-owned property to a private entity.

(b) The requirements of § 2-1226.36 shall not apply to projects which, as of October 23, 2012, have:

(1) Applied for a first building permit; or

(2) Submitted a complete stormwater management plan to DDOE.

(c) Repealed.

(d) Repealed.


(Mar. 26, 2008, D.C. Law 17-138, § 453, 55 DCR 1689; Oct. 23, 2012, D.C. Law 19-192, § 2(c), 59 DCR 10174.)

Section References

This section is referenced in § 2-1226.36.

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 rewrote the section.


§ 2–1226.34. Integrated environmental design standards.

All projects subject to this part shall comply with the following integrated environmental design standards:

(1) The applicant for the project shall engage in pre-development and on-going consultation with appropriate District officials to review the plans of the applicant to ensure compliance with the standards imposed by this part.

(2) The applicant for the project shall retain a LEED-accredited professional or maintain an experienced LEED-accredited member on-staff.

(3) The applicant for the project shall prepare and submit to the Mayor a sustainability plan as a component of the concept design package, which shall identify the project approach and elements used to satisfy the requirements of this part. The sustainability plan shall include an analysis of energy use, green building, site planning and preservation, and stormwater management.

(4) The applicant for the project shall submit to the Mayor any draft or final checklists and other materials submitted to demonstrate LEED, Green Communities, and ENERGY STAR compliance.


(Mar. 26, 2008, D.C. Law 17-138, § 454, 55 DCR 1689.)


§ 2–1226.35. Green building standards.

(a) All projects subject to this section shall comply with the following green building standards:

(1) Non-residential new construction or substantial improvement projects shall:

(A) Fulfill or exceed the current edition of the LEED standard for commercial and institutional buildings at the gold level;

(B) Fulfill or exceed the current edition of the LEED standard for commercial and institutional buildings at the gold level for improvements to interiors of new or existing non-residential buildings;

(C) Comply with the ENERGY STAR requirements of the Green Building Act and, in addition:

(i) Achieve 85 points on the Environmental Protection Agency national energy performance rating system; and

(ii) Be designed to be 30% more energy efficient than required by ASHRAE 90.1 2004, or a later standard adopted by the Mayor pursuant to § 2-1226.41; and

(D) Provide ENERGY STAR Benchmark and Target Finder scores and ENERGY STAR statements to the DDOE and the Department of Consumer and Regulatory Affairs (“DCRA”) within 60 days after the scores are generated; and

(2)(A) Residential new construction and substantial improvement projects shall:

(i) Fulfill or exceed the current edition of the LEED standard for commercial and institutional buildings at the silver level; and

(ii) Achieve the ENERGY STAR label and be 30% more energy efficient than required by ASHRAE 90.1 2004, or such later standard adopted by the Mayor pursuant to § 2-1226.41; and

(B) Residential new construction and substantial improvement projects may, if the project is a District-financed project that receives public financing for the purpose of assisting in the new construction or substantial rehabilitation of affordable housing, apply the Green Communities standards as an alternative to LEED for the affordable units within the project; provided, that the project shall achieve the ENERGY STAR label and be 30% more energy efficient than required by ASHRAE 90.1 2004, or a later standard adopted by the Mayor pursuant to § 2-1226.41.

(b) The Mayor shall encourage developers to seek to align the project design with the greenhouse gas reduction goals in the “2030 Challenge” as adopted by the American Institute of Architects and United States Conference of Mayors.

(c) The DDOE, in coordination with the DCRA and other appropriate agencies shall, to the greatest extent practical, coordinate the implementation of the standards established by this section with implementation of the Green Building Act.


(Mar. 26, 2008, D.C. Law 17-138, § 455, 55 DCR 1689; Mar. 31, 2011, D.C. Law 18-349, § 4(b), 58 DCR 724; Oct. 23, 2012, D.C. Law 19-192, § 2(d), 59 DCR 10174.)

Effect of Amendments

D.C. Law 18-349, in subsecs. (a)(1)(A) and (2)(A)(i), substituted “current edition of the LEED standard for commercial and institutional buildings” for “LEED-NC 2.2 standard or LEED-CS 2.0 standard”; and, in subsec. (a)(1)(B), substituted “current edition of the LEED standard for commercial and institutional buildings” for “LEED-CI standard”.

The 2012 amendment by D.C. Law 19-192 substituted “DDOE” for “District Department of the Environment (‘DDOE’)” in (a)(1)(D).


§ 2–1226.36. Stormwater control standards.

(a) This section shall apply to the new construction and substantial improvement projects identified in § 2-1226.33 that disturb 5,000 square feet or greater of soil or that have a building footprint of 5,000 square feet or greater.

(b) Private and public space, including buildings, sidewalks, streets, and lawns, within a project subject to this part that discharge directly to the waters of the District, or to either a separate or combined sewer system, shall be designed, constructed, and maintained to comply with the following:

(1) Manage stormwater by:

(A) The reduction of the volume of stormwater run-off created during a 24-hour one-inch storm event following 72 hours of dry conditions, via on-site retention through DDOE-approved practices, including those that incorporate one or more of the following: infiltration, evapo-transpiration, and beneficial reuse; and

(B) The improvement of stormwater quality by filtering the stormwater from the 95th percentile storm flowing from a project, by passing the flow through a vegetated filtering medium or other on-site controls designed to remove sediment and pollutants of concern as identified in permits by the DDOE or the District of Columbia Water and Sewer Authority so that, according to DDOE’s determination, the discharge will not cause the exceedance of any water-quality standard applicable to the receiving water or cause interference or pass-through of pollutants at the Blue Plains receiving facility;

(2) Achieve the required level of stormwater control using the following DDOE-approved methods, in the following order of preference:

(A) Vegetated controls designed to retain and beneficially use stormwater;

(B) Where compatible with groundwater protection, non-vegetated controls designed to promote infiltration;

(C) Other low-impact development practices;

(D) Collection and reuse of stormwater for on-site irrigation; and

(E) Other on-site design methods or practices;

(3) Employ, where feasible, DDOE-approved low-impact development technologies for public spaces regulated by the District Department of Transportation;

(4) Restrict the on-site use of fertilizers, pesticides, and herbicides, through use of a DDOE-approved integrated pest management plan;

(5) Design stormwater controls to prevent migration of stormwater into contaminated underlying soils or groundwater;

(6) Certify that remediation of contaminated soils or groundwater is either completed as part of the development or that properly functioning long-term remedial measures are in place;

(7) Treat any groundwater produced at a project during construction or after completion of construction to remove sediment and pollutants of concern as required by DDOE or the United States Environmental Protection Agency, depending on which agency has jurisdiction; and

(8) Provide that any groundwater discharged from the site into the sanitary sewer system conforms to District of Columbia Water and Sewer Authority requirements designed to ensure that the discharge will not cause or contribute to the exceedance of any water quality standard applicable to the receiving water or cause interference or pass-through of pollutants at the Blue Plains receiving facility.

(c)(1) If DDOE determines that, based on site conditions such as soil or groundwater contamination, local geology, or impacts on surrounding landowners, the substantial weight of the evidence limits the feasibility or appropriateness of the on-site stormwater management required by subsection (b)(1) of this section:

(A) Either off-site mitigation or payment in lieu of mitigation, or a combination thereof, shall be used to satisfy:

(i) The difference between the on-site stormwater reduction volume required by subsection (b)(1)(A) of this section and the volume of on-site stormwater reduction achieved; and

(ii) The difference between the on-site filtration required by subsection (b)(1)(B) of this section, and the volume of filtration achieved;

(B) Off-site mitigation shall be a reduction of stormwater volume equal to the off-site volume and shall be maintained for the life of the primary project; provided, that if the off-site mitigation is located outside the Anacostia Watershed, the volume treated shall equal 1.25 times the volume that would have been required to be treated on site; and

(C) Payment in lieu of mitigation shall be equal to the cost for DDOE to reduce the off-site volume for the life of the primary project. DDOE shall determine this payment based on DDOE’s fully burdened and inflation-adjusted cost of retention to achieve stormwater volume reduction via infiltration, evapo-transpiration, re-use practices, or other methods or practices approved by DDOE, for a site determined by DDOE.

(2) For the purposes of this subsection, the term “off-site volume” shall mean the difference between the requirements of subsection (b)(1)(A) or (b)(1)(B) of this section, and the volume of on-site stormwater management achieved.

(d) A payment in lieu of mitigation shall be:

(1) Deposited in the Anacostia River Clean Up and Protection Fund, established by § 8-102.05; and

(2) Used to achieve stormwater volume reduction in the Anacostia watershed.

(e) Under circumstances described in subsection (c) of this section, transportation projects, or substantially similar projects undertaken by a public utility, in the existing public right-of-way shall be exempt from the requirement for off-site mitigation or payment in lieu of mitigation.


(Mar. 26, 2008, D.C. Law 17-138, § 456, 55 DCR 1689; Oct. 23, 2012, D.C. Law 19-192, § 2(e), 59 DCR 10174.)

Section References

This section is referenced in § 2-1226.33 and § 2-1226.40b.

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 rewrote the section.


§ 2–1226.37. Marina standards.

New or existing marinas within the Anacostia Waterfront Development Zone shall comply with the program elements outlined in the Clean Marina Guidebook issued by the National Park Service. The owner or applicant for the marina shall submit a copy of its Clean Marina Checklist and any supporting documentation to the DDOE.


(Mar. 26, 2008, D.C. Law 17-138, § 457, 55 DCR 1689.)


§ 2–1226.38. Site planning and preservation standards.

Projects subject to this part shall comply with the following site planning and preservation standards:

(1) The project shall be designed to ensure continued public access to the Anacostia River and associated waterways and to the Anacostia riverwalk and trail system.

(2) Existing public parks shall be preserved and the Mayor shall endeavor to minimize encroachment unless there is no feasible alternative. If the project encroaches on a public park, the encroachment shall be mitigated in kind at a minimum acreage ratio of at least 1-to-1 and the mitigation shall be of equal or greater quality than the parkland that is lost.

(3) No construction or development shall disturb delineated wetlands or land within 100 feet of delineated wetlands, which shall be maintained as a buffer, unless the DDOE and the U.S. Army Corps of Engineers both agree that construction in these areas cannot reasonably be avoided. Any impacts on wetlands approved by the DDOE shall require mitigation in-kind at a minimum acreage ratio of 3-to-1. The mitigation shall be provided on-site, unless on-site locations are unavailable or infeasible as determined by both the DDOE and the United States Army Corps of Engineers. Preference for mitigation should be given to restoring degraded wetlands or recreating former wetlands, not creating new wetlands. On-site remaining wetlands and buffers that are not impacts and off-site mitigation areas shall be permanently protected.

(4)(A) Streams that have been diverted into pipes or other constructed conveyances shall be daylit unless determined by the DDOE to be infeasible.

(B) For the purposes of this paragraph, the word “daylit” means the redirection of streams into above-ground channels in order to restore the streams to a more natural state and to enhance the riparian environment and ecological integrity of the Anacostia River system.

(5) The applicant shall ensure protection or creation of woodland and meadow riparian buffer zones along each bank of the Anacostia River defined in the Anacostia Waterfront Initiative Framework Plan of between 50 and 300 feet along the main channel of the Anacostia River, except where necessary to ensure public access and use of the waterfront. Development along tributary streams of the Anacostia River shall maintain a minimum riparian buffer of 25 feet. The DDOE may require a wider buffer along the channel or tributary streams where it is determined that a wider buffer zone is necessary to protect waterways.

(6) Roadways shall comply with the Anacostia Waterfront Transportation Architecture Design Standards developed by the DDOT.

(7) Projects shall incorporate planted vegetated buffers within the right-of-way of all roadways to increase tree cover and shade, mitigate traffic noise, absorb toxic emissions, and minimize stormwater runoff at levels determined by the DDOE by rulemaking.

(8) Projects shall ensure sufficient tree planting to provide canopy coverage within 20 years of project occupancy of 30% of non-roof impervious surfaces and 40% of overall-non-roof surfaces within the project area.

(9) Development along both sides of the Anacostia River and along associated waterways shall, unless determined by the DDOE to be infeasible, include continuous, publicly accessible trails that comply with the Anacostia Riverparks Plan and Riverwalk Design Guidelines.

(10) Projects shall coordinate with the DDOE on any habitat restoration activity to ensure consistency with the DDOE’s Wildlife Action Plan.


(Mar. 26, 2008, D.C. Law 17-138, § 458, 55 DCR 1689; Oct. 23, 2012, D.C. Law 19-192, § 2(f), 59 DCR 10174.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 substituted “projects” for “applicants” in (7), (8), and (10).


§ 2–1226.39. Exemptions to requirements.

(a) The DDOE may grant, upon a showing of good cause, an exemption from a requirement of this part, in whole or in part, if:

(1) The substantial weight of the evidence is of a practical infeasibility or hardship of meeting the requirement; and

(2) The public interest would be better served by the exemption.

(b) When considering a request for an exemption, the DDOE may consider alternative measures proposed by the applicant.

(c) The DDOE shall give notice of any exemption granted pursuant to this section to the Council and affected Advisory Neighborhood Commission no less than 10 days from the date the exemption is granted. Notice of the exemption shall be published in the District of Columbia Register before the exemption may take effect.


(Mar. 26, 2008, D.C. Law 17-138, § 459, 55 DCR 1689; Oct. 23, 2012, D.C. Law 19-192, § 2(g), 59 DCR 10174.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 substituted “DDOE” for “Mayor” throughout the section; and substituted “The substantial weight of the evidence is” for “There is evidence” in (a)(1).


§ 2–1226.40. Relationship to Green Building Act, the Water Pollution Control Act, and other laws.

Where the environmental standards established by this part differ from those in Chapter 14A of Title 6, subchapter II of Chapter 1 of Title 8 [§ 8-103.01 et seq.], or other District law or regulation, the more stringent standard shall apply.


(Mar. 26, 2008, D.C. Law 17-138, § 460, 55 DCR 1689.)

Section References

This section is referenced in § 2-1226.40b.


§ 2–1226.40a. Power and authority.

With respect to projects that are subject to this part and projects completed for off-site mitigation or payment in lieu of mitigation, DDOE shall have the authority to:

(1) Monitor, inspect, review, approve, approve with conditions and covenants, and deny approval;

(2) Require monitoring, sampling, analysis, record-keeping and certification of ongoing compliance;

(3) Establish provisions, requirements, and penalties for off-site mitigation or payment in lieu of mitigation options, and for projects that fail to comply with their off-site mitigation or payment-in-lieu-of-mitigation requirements; and

(4) Recover costs, fees and expenses.


(Mar. 26, 2008, D.C. Law 17-138, § 460a; 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.


§ 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.


§ 2–1226.41. Rulemaking.

(a) The Mayor may issue rules to implement the requirements of this part.

(b) Repealed.

(c) Repealed.


(Mar. 26, 2008, D.C. Law 17-138, § 461, 55 DCR 1689; Oct. 23, 2012, D.C. Law 19-192, § 2(i), 59 DCR 10174.)

Section References

This section is referenced in § 2-1226.35.

Effect of Amendments

The 2012 amendment by D.C. Law 19-192 rewrote (a); and repealed (b) and (c).

Emergency Legislation

For temporary (90 day) addition, see § 501 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 501 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

Temporary Legislation

D.C. Law 17-53, § 501, added a section to read as follows:

“Sec. 501. Eminent domain.

“(a) The repeal of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 12-144; D.C. Official Code § 2-1219.01 et seq.) (’NCRC Act’), under section 103(a) shall not impair or affect the validity of the acquisition by the NCRC or the RLARC of any properties nor shall the repeal affect the authority under which properties were previously taken, or for which condemnation proceedings were initiated, under section 20 of the NCRC Act (D.C. Official Code § 2-1219.19).

“(b) Condemnation proceedings initiated by the NCRC or the RLARC under section 20 of the NCRC Act may be continued or reinstituted by the Mayor in the name of the District and the Mayor may rely upon the authority pursuant to which the NCRC or the RLARC acted as well as the findings previously made by the Council and by the NCRC or the RLARC in connection with the condemnation proceedings or the authority granted to the Mayor pursuant to D. C. Official Code § 16-1311.”

Section 702(b) of D.C. Law 17-53 provides that the act shall expire after 225 days of its having taken effect.

Delegation of Authority

Delegation of Authority—Anacostia River Clean Up and Protection Act of 2009, see Mayor’s Order 2010-27, February 12, 2010 ( 57 DCR 1377).