Chapter 12. Preservation of Historic Places and Areas in the Georgetown Area.

§ 6–1201. “Old Georgetown” district created.

There is hereby created in the District of Columbia a district known as “Old Georgetown” which is bounded on the east by Rock Creek and Potomac Parkway from the Potomac River to the north boundary of Dumbarton Oaks Park, on the north by the north boundary of Dumbarton Oaks Park, Whitehaven Street and Whitehaven Parkway to 35th Street, south along the middle of 35th Street to Reservoir Road, west along the middle of Reservoir Road to Archbold Parkway, on the west by Archbold Parkway from Reservoir Road to the Potomac River, on the south by the Potomac River to the Rock Creek Parkway.

§ 6–1202. Restrictions on alteration of buildings.

In order to promote the general welfare and to preserve and protect the places and areas of historic interest, exterior architectural features, and examples of the type of architecture used in the National Capital in its initial years, the Mayor of the District of Columbia, before issuing any permit for the construction, alteration, reconstruction, or razing of any building within said Georgetown district described in § 6-1201, shall refer the plans to the National Commission of Fine Arts for a report as to the exterior architectural features, height, appearance, color, and texture of the materials of exterior construction which is subject to public view from a public highway. The National Commission of Fine Arts shall report promptly to said Mayor of the District of Columbia its recommendations, including such changes, if any, as in the judgment of the Commission are necessary and desirable to preserve the historic value of said Georgetown district. The said Mayor shall take such actions as in his judgment are right and proper in the circumstances; provided, that, if the said Commission of Fine Arts fails to submit a report on such plans within 45 days, its approval thereof shall be assumed and a permit may be issued.

(Sept. 22, 1950, 64 Stat. 904, ch. 984, § 2.)

Prior Codifications

1981 Ed., § 5-1102.

1973 Ed., § 5-802.

Delegation of Authority

Delegation of Authority Under the “Shipstead-Luce Act”, see Mayor’s Order 89-92, May 9, 1989.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 6–1203. Board of Review established.

In carrying out the purpose of this chapter, the Commission of Fine Arts is hereby authorized to appoint a committee of 3 architects, who shall serve as a Board of Review without expense to the United States and who shall advise the Commission of Fine Arts, in writing, regarding designs and plans referred to it.

§ 6–1204. Survey of Old Georgetown district authorized.

Said Mayor of the District of Columbia, with the aid of the National Park Service and of the National Capital Planning Commission, shall make a survey of the “Old Georgetown” area for the use of the Commission of Fine Arts and of the building permit office of the District of Columbia, such survey to be made at a cost not exceeding $8,000, which amount is hereby authorized.

(Sept. 22, 1950, 64 Stat. 904, ch. 984, § 4.)

Prior Codifications

1981 Ed., § 5-1104.

1973 Ed., § 5-804.

Transfer of Functions

“National Capital Planning Commission” was substituted for “National Park and Planning Commission” in this section in view of the Act of June 6, 1924, ch. 270, § 9, as added by the Act of July 19, 1952, 66 Stat. 790, ch. 949, § 1, which transferred the functions, powers and duties of the National Capital Park and Planning Commission to the National Capital Planning Commission.

Delegation of Authority

Delegation of Authority Under the “Shipstead-Luce Act”, see Mayor’s Order 89-92, May 9, 1989.

Change in Government

§ 6–1205. Construction.

Nothing contained in this chapter shall be construed as superseding or affecting in any manner any act of Congress heretofore enacted relating to the alteration, repair, or demolition of insanitary or unsafe dwellings or other structures.

§ 6–1206. Old Georgetown Market declared historic landmark.

That the real property, together with all structures thereon on September 21, 1966, described as lot 800, square 1186, of the District of Columbia, commonly known as the Old Georgetown Market, is hereby declared a historic landmark, and the Mayor of the District of Columbia is authorized and directed to preserve such property as a historic landmark and to operate and maintain it as a public market, except that the Mayor is authorized to enter into an agreement with the Secretary of the Interior to provide for the use of a portion of such property as a museum to be operated by the Secretary in connection with the Chesapeake and Ohio Canal. Such property shall not be used under authority of any provision of law for any purpose not provided in this section unless:

(1) Such law is enacted after September 21, 1966; and

(2) Specifically authorizes such property to be used for such other purpose.

(Sept. 21, 1966, 80 Stat. 829, Pub. L. 89-600, § 1.)

Prior Codifications

1981 Ed., § 5-1106.

1973 Ed., § 5-806.

Section References

This section is referenced in § 6-1207.

Change in Government

§ 6–1207. Appropriations to carry out § 6-1206.

For the purpose of carrying out the provisions of § 6-1206, there are authorized to be appropriated to the District of Columbia such sums as may be necessary.

(Sept. 21, 1966, 80 Stat. 830, Pub. L. 89-600, § 2; Jan. 5, 1971, 84 Stat. 1938, Pub. L. 91-650, title VII, § 701.)

Prior Codifications

1981 Ed., § 5-1107.

1973 Ed., § 5-807.

Emergency Legislation

For temporary addition, see § 2 of the Preservation of Residential Neighborhoods Against Nuisances Emergency Act of 1996 (D.C. Act 11-352, August 12, 1996, 43 DCR 4626), and § 2 of the Preservation of Residential Neighborhoods Against Nuisances Congressional Review Emergency Act of 1996 (D.C. Act 11-412, October 28, 1996, 43 DCR 6068).

Temporary Legislation

For temporary (225 day) addition, see § 2 of Preservation of Residential Neighborhoods Against Nuisances Temporary Act of 1996 (D.C. Law 11-209, April 9, 1997, law notification 44 DCR ).