40 U.S.C. § 8104: Regulation of private and…

Summary

The Mayor must send building permit applications to the Commission of Fine Arts before allowing construction or changes to any building that faces or touches important public sites — for example, the Capitol, the White House, Pennsylvania Avenue between them, The Mall, Lafayette Park, Rock Creek Park, the National Zoo, the Rock Creek and Potomac Parkway, Potomac Park, or streets next to those places. The plans sent must show the building’s height, how it will look, and the color and texture of the outside materials. The Commission must quickly send its suggestions to the Mayor, including any changes needed so the building does not harm the public value of the nearby public buildings or parks. If the Commission does not reply within 30 days, the plans are treated as approved and a permit may be issued. The Mayor must take steps needed to reasonably follow the Commission’s suggestions.

Title 40, §8104

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(a)Factors for Development.—

In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance.

(b)Submission of Application to Commission of Fine Arts.—

The Mayor of the District of Columbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction.

(c)Report to Mayor.— (d) Action by the Mayor.—

The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values belonging to the public building or park. If the Commission fails to report its approval or disapproval of a plan within 30 days, the report is deemed approved and a permit may be issued.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 810440:121.May 16, 1930, ch. 291, § 1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144. In this chapter, the word “Mayor” is substituted for “Commissioners” [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to “Commissioner” (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789). In subsection (a), the words “it is hereby declared that” are omitted as unnecessary. In subsection (b), the words “To this end, hereafter” are omitted as unnecessary.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–284 substituted “Commission of Fine Arts” for “Commission on Fine Arts”.

§8104 Regulation of Private and Semipublic Buildings Adjacent to Public Buildings and Grounds