District of Columbia Administrative Code

3005 WITNESSES AND EVIDENCE 3005.1 Any party or person may appear as a witness and offer evidence at the public hearing. 3005.2 Witnesses shall testify orally under oath or affirmation. 3005.3 Witnesses may be cross-examined by any other party. 3005.4 Evidence shall be taken in c…

3006 CONCLUSION OF THE HEARING 3006.1 The applicant and any party may submit proposed findings of fact and conclusions of law within the time directed by the Mayor's Agent, and the Mayor's Agent may request the parties to submit proposed findings and conclusions. 3006.2 Copies of…

3007 SERVICE OF PAPERS 3007.1 Any paper required to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. When a party has appeared by attorney or other representative, service shall be mad…

3008 EX PARTE COMMUNICATION 3008.1 In any contested case proceeding by the Mayor's Agent, all parties shall be prohibited from receiving or participating in any ex parte communication with the Mayor's Agent relevant to the merits of the proceeding. This shall include any oral or …

3100 GENERAL PROVISIONS 3100.1 The Board's hearings and meetings are rulemaking proceedings and shall be conducted in accordance with D.C. Official Code § 2-505. 3100.2 The Board shall hold a regularly scheduled monthly meeting, except that the Board may decide not to schedule a …

3101 APPEARANCE AND REPRESENTATION 3101.1 Any applicant, government representative, or person may appear and offer statements and exhibits in any proceeding before the Board, or may submit written materials for consideration by the Board. 3101.2 An individual may appear on his or…

3102 DUTIES OF THE CHAIRPERSON 3102.1 The Chairperson of the Board shall be the presiding officer at all hearings and meetings. The presiding officer shall have authority to do the following: (a) Regulate the course of the proceedings; (b) Dispose of procedural requests or simila…

3103 ORDER OF PROCEEDING 3103.1 The order of proceeding at a historic landmark or historic district designation hearing shall be as follows, unless the Chairperson determines otherwise for good cause: (a) Introductory statement by the Chairperson; (b) Statement by the applicant; …

3104 QUORUM AND VOTING PROCEDURES 3104.1 A majority of the duly constituted Board shall constitute a quorum for the purpose of conducting business at a public hearing or meeting pursuant to these regulations. 3104.2 If the Board loses a quorum during the course of a meeting, unle…

3105 DUTIES OF BOARD MEMBERS 3105.1 Each Board member shall become knowledgeable regarding the statutes, regulations, standards, and other policies relating to the Board's responsibility and authority. 3105.2 A members shall not participate in making a decision of the Board witho…

3106 CONFLICT OF INTEREST 3106.1 Board members shall comply with all applicable D.C. rules and regulations on conflict of interest. 3106.2 Any member of the Board shall recuse himself or herself from voting and all other proceedings on any case for which the member has a real or …

3200 GENERAL PROVISIONS 3200.1 All proceedings of the Mayor's Agent and Board shall be conducted in accordance with the Administrative Procedure Act (D.C. Official Code § 2-501 et seq.) and other applicable laws and regulations. Authority: D.C. Code §§ 6-1101 et seq., Mayor's Ord…

3201 PUBLIC HEARINGS AND MEETINGS 3201.1 Public hearings and meetings conducted by the Mayor's Agent and Review Board shall be open to the public. All interested persons are invited to participate. 3201.2 At a public hearing or meeting, the Mayor's Agent and Review Board shall ac…

3202 PUBLIC MAILING LIST 3202.1 The Board shall maintain a general public mailing list for notice of public meetings, .hearings, and other matters. The mailing list shall include the members of the Council of the District of Columbia, all Advisory Neighborhood Commissions, and an…

3203 ANNUAL NOTICES 3203.1 Near the end of each calendar year, the Board shall publish in the D.C. Register a notice of its meeting dates for the upcoming year, also indicating the deadline dates by which applications must be filed before each meeting. The notice may also include…

3204 MINUTES AND TRANSCRIPTS 3204.1 Any proceeding before the Mayor's Agent or Board shall be reported under the supervision of the presiding officer, stenographically or by recording or other means, by an official reporter who may be designated for this purpose from time to time…

3205 LEGAL ADVICE AND REPRESENTATION 3205.1 The Mayor's Agent, State Historic Preservation Officer, and Review Board may request and receive legal advice from the Office of the Corporation Counsel at any time. 3205.2 The Review Board may request and obtain representation by the O…

3206 COMPUTATION OF TIME 3206.1 In computing any period of time specified in this chapter, calendar days shall be counted unless otherwise indicated. 3206.2 In computing any period of time specified in this chapter, the day of the act, event, or default after which the designated…

3207 AMENDMENT AND WAIVER OF RULES 3207.1 At any time, the Mayor's Agent, State Historic Preservation Officer, or Review Board may amend provisions of these rules pertinent to their respective authorities. Any amendments shall be adopted in accordance with the provisions of the A…

3208 SEVERABILITY 3208.1 If any section or provision of this subtitle is determined invalid after judicial review, that decision shall not affect the validity of the regulations as a whole, or any part of the regulations other than the part determined to be invalid. SOURCE: Notic…

400 GENERAL PROVISIONS 400.1 The Mayor's Agent shall make the final determination on the approval or denial of applications for demolition, alteration, new construction, and subdivision subject to the Historic Protection Act (D.C. Official Code §§ 6-1104(e), 6-1105(f), 6-1106(e),…

401 STANDARDS FOR APPROVAL AND DENIAL 401.1 In making a finding on demolition, alteration, or subdivision, the Mayor's Agent shall apply the standard that no permit shall be issued and no subdivision shall be admitted to record unless: (a) Issuance of the permit or admission of t…

402 APPROVAL WITHOUT A PUBLIC HEARING 402.1 Upon receipt of a recommendation of approval from the Review Board or CFA, the Mayor's Agent may take any of the following actions without a public hearing, and without further public notice: (a) When the application is for alteration o…

403 NOTIFICATION OF THE INTENT TO SCHEDULE A PUBLIC HEARING 403.1 Upon receipt of a recommendation from the Review Board or CFA, unless the applicant withdraws the application, the Mayor's Agent shall notify the applicant of the requirement to hold a public hearing if any of the …

404 NOTIFICATION OF THE RIGHT TO REQUEST A PUBLIC HEARING 404.1 Upon receipt of a recommendation from the Review Board or CFA, the Mayor's Agent shall notify the applicant of the right to request a public hearing if either of the following applies: (a) If the Review Board or CFA …

405 SCHEDULING OF A PUBLIC HEARING 405.1 Upon receiving a response to the hearing notice and statement of the nature of the applicant's claim, the Mayor's Agent shall schedule the hearing to occur within ninety (90) days. 405.2 If the applicant does not comply with the requiremen…

406 NOTICE OF A PUBLIC HEARING 406.1 The Mayor's Agent shall give notice of a public hearing not less than thirty (30) days before the hearing, as follows: (a) By first class mail to the applicant, the owners of all property abutting the property involved in the application, and …

407 SUPPLEMENTAL PRE-HEARING FILINGS 407.1 In all cases, the applicant shall file the following information with the Mayor's Agent at least twenty (20) days before the public hearing: (a) A written statement setting forth the grounds upon which the applicant bases the claim of co…

408 REQUEST FOR PARTY STATUS 408.1 Any affected person or group other than the applicant wishing to participate as a party in a public hearing shall file the following information with the Mayor's Agent not less than fifteen (15) days before the hearing: (a) The requesting party'…

409 PUBLIC HEARING PROCEDURE 409.1 The Mayor's Agent shall hold the public hearing in accordance with the procedures in Chapter 30. 409.2 The Mayor's Agent shall hold the public hearing within one hundred twenty (120) days of receipt of an application, but any failure to conclude…

410 ISSUANCE OF FINAL ORDER 410.1 Upon closure of the hearing record, the Mayor's Agent shall issue a final written order, including findings of fact and conclusions of law. The final order shall be filed with the record of the case. 410.2 The final order shall be based only upon…

411 CONDITIONS OF FINAL ORDER 411.1 The Mayor's Agent may include any conditions or restrictions deemed appropriate as terms of the approval. 411.2 As a condition of the issuance of a final order, the Mayor's Agent may require the execution of a signed memorandum describing the c…

500 GENERAL PROVISIONS 500.1 Both the D.C. Inventory and National Register provide for the designation of historic and prehistoric archaeological sites, and both include properties in the District of Columbia designated for their archaeological significance. In addition, some pro…

501 HISTORIC PROPERTIES DESIGNATED FOR ARCHAEOLOGICAL SIGNIFICANCE 501.1 For properties designated solely or in part for their archaeological significance, the Board and staff shall determine the effect of the proposed work on the designated archaeological features, and shall rec…

502 HISTORIC PROPERTIES WITH POTENTIAL ARCHAEOLOGICAL SIGNIFICANCE 502.1 Upon receipt of a permit or conceptual review application affecting a property likely to possess archaeological significance, the staff may consult with the applicant to consider the potential for archaeolog…

503 PROJECTS INVOLVING A PUBLIC HEARING BY THE MAYOR'S AGENT 503.1 In cases referred to the Mayor's Agent for approval after a public hearing, the Board may recommend that specific actions be taken to avoid disturbance of known or potential archaeological resources. The Board may…

700 GENERAL PROVISIONS 700.1 The Board shall determine whether buildings or structures contribute to historic districts or landmarks for the purposes of the demolition provisions of the Historic Protection Act (D.C. Official Code § 6-1104(c)). This determination shall be based up…

701 METHOD OF EVALUATION 701.1 Historic districts and landmarks are identifiable entities that possess and convey historic significance as a whole. To meet the integrity requirement for designation, the preponderance of buildings and structures comprising a district or landmark s…

702 CONTRIBUTING BUILDINGS, STRUCTURES, AND SITES 702.1 The following considerations apply when determining whether a property meets the definition of a contributing building, structure, or site: (a) A building or structure adds to a district's sense of time and place and histori…

703 NON-CONTRIBUTING BUILDINGS, STRUCTURES, AND SITES 703.1 The following considerations apply when determining whether a property meets the definition of a non-contributing building, structure, or site: (a) A building or structure does not add to a district's sense of time and p…

704 APPLICATION FOR CERTIFICATION 704.1 An application for certification of a property as contributing to the character of a historic district or landmark shall be made only by the owner of the property or the owner's authorized agent. 704.2 A request for certification shall be i…

705 CERTIFICATION OF BUILDINGS PROPOSED FOR DEMOLITION 705.1 Upon receipt of an application to demolish a building or structure that the Board determined to be non-contributing when it designated the historic district, the staff may certify the building as non-contributing on beh…

9900 GENERAL PROVISIONS 9900.1 The definitions in this chapter apply throughout this subtitle. 9900.2 Definitions applicable to separate chapters appear in those chapters. 9900.3 A word used in this subtitle but not specifically defined in this section, or specifically defined fo…

9901 DEFINED TERMS Act: The Historic Landmark and Historic District Protection Act as defined in this chapter. Adapt or Adaptation: The process of altering a property to accommodate an intended use, and can involve one or a combination of methods including repair, rehabilitation,…

100 ENACTMENT AND TITLE 100.1 The Zoning Commission for the District of Columbia, pursuant to authority conferred by Congress under the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code §§ 6-641.01 to 6-641.15 (formerly codified at D.C. Code…

101 INTERPRETATION AND APPLICATION 101.1 In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity, and general welfare to: (a) …

102 AMENDMENTS 102.1 As provided in the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended, D.C. Official Code §§ 6-641.01 to 6-641.15 (2001)(formerly codified at D.C. Code §§ 5-413 to 5-432 (1994 Repl. & 1999 Supp.)), the Zoning Commission for the District of C…

105 ZONE DISTRICTS 105.1 For the purpose of this title, the District of Columbia shall be divided into the following zone districts: (a) RESIDENCE DISTRICTS, as follows: (1) R-1 one-family detached dwellings, subdivided as follows: (A) R-1-A low density; and (B) R-1-B high densit…