Code of the District of Columbia

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(6) Repealed.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).