§ 6–1106. Subdivisions.

(a) Before the Mayor may admit to record any subdivision of an historic landmark or of a property in an historic district, the Mayor shall review the application for admission to record in accordance with this section and § 6-1108.03, and, for applications that will be submitted to the Historic Preservation Review Board or the Commission of Fine Arts for a public hearing, place notice of the application in the District of Columbia Register and on the website for the Historic Preservation Office.

(b) Prior to making the finding on the application for admission to record required by subsection (e) of this section, the Mayor shall refer the application to the Historic Preservation Review Board for its recommendation.

(c) Within 120 days after the Review Board receives the referral, the Mayor shall, after a public hearing, make the finding required by subsection (e) of this section; provided, that the Mayor may make such finding without a public hearing in the case of a subdivision of a lot in an historic district or a subdivision that assembles land with the lot of a historic landmark if the Review Board advises him that such subdivision is consistent with the purposes of this subchapter.

(d) If the Review Board recommends against granting the application, it shall promptly notify the applicant in writing of its recommendation and the reasons therefor.

(e) No subdivision subject to this subchapter shall be admitted to record unless the Mayor finds that admission to record is necessary in the public interest or that a failure to do so will result in unreasonable economic hardship to the owner.

(f) The owner shall submit at the hearing such information as is relevant and necessary to support his application. In any case in which there is a claim of unreasonable economic hardship, the owner shall comply with the requirements of subsections (f) and (g) of § 6-1104.

(g) In those cases in which the Mayor finds that the subdivision is necessary to allow the construction of a project of special merit, no subdivision shall be permitted to record unless a permit for new construction is issued simultaneously under § 6-1107 and the owner demonstrates the ability to complete the project.

(Mar. 3, 1979, D.C. Law 2-144, § 7, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(i), 53 DCR 6712; Apr. 30, 2015, D.C. Law 20-249, § 2(c), 62 DCR 1512.)

Prior Codifications

1981 Ed., § 5-1006.

1973 Ed., § 5-826.

Section References

This section is referenced in § 6-1108, § 6-1108.01, and § 6-1113.

Effect of Amendments

D.C. Law 16-185, in subsec. (c), substituted “historic district or a subdivision that assembles land with the lot of a historic landmark” for “historic district”; and, in subsec. (g), “no subdivision shall be permitted to record” for “no subdivision permit shall be issued”.

The 2015 amendment by D.C. Law 20-249 would have rewritten (a).

Applicability

Section 7005 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-249. Therefore the changes made to this section by D.C. Law 20-249 have been given effect.

Applicability of D.C. Law 20-249: § 3 of D.C. Law 20-249 provided that the change made to this section by § 2(c) of D.C. Law 20-249 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Because of the codification of D.C. Law 5-69 as subchapter II of this chapter, and the designation of the preexisting text of Chapter 11 as subchapter I, “subchapter” has been substituted for “chapter”, where applicable, in this section.