(a) It is hereby declared as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, and esthetic merit are in the interests of the health, prosperity, and welfare of the people of the District of Columbia. Therefore, this subchapter is intended to:
(1) Effect and accomplish the protection, enhancement, and perpetuation of improvements and landscape features of landmarks and districts which represent distinctive elements of the city's cultural, social, economic, political, and architectural history;
(2) Safeguard the city's historic, aesthetic and cultural heritage, as embodied and reflected in such landmarks and districts;
(3) Foster civic pride in the accomplishments of the past;
(4) Protect and enhance the city's attraction to visitors and the support and stimulus to the economy thereby provided; and
(5) Promote the use of landmarks and historic districts for the education, pleasure, and welfare of the people of the District of Columbia.
(b) It is further declared that the purposes of this subchapter are:
(1) With respect to properties in historic districts:
(A) To retain and enhance those properties which contribute to the character of the historic district and to encourage their adaptation for current use;
(B) To assure that alterations of existing structures are compatible with the character of the historic district; and
(C) To assure that new construction and subdivision of lots in an historic district are compatible with the character of the historic district;
(2) With respect to historic landmarks:
(A) To retain and enhance historic landmarks in the District of Columbia and to encourage their adaptation for current use; and
(B) To encourage the restoration of historic landmarks.
(3) With respect to archaeological sites designated as historic landmarks or contributing properties within historic districts:
(A) To protect historic and prehistoric archaeological sites from irreparable loss or destruction; and
(B) To encourage the retrieval of archaeological information and artifacts when the destruction of an archaeological site is necessary in the public interest.
(Mar. 3, 1979, D.C. Law 2-144, § 2, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(a), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1001.
1973 Ed., § 5-821.
Effect of Amendments
D.C. Law 16-185 added subsec. (b)(3).
Legislative History of Laws
Law 2-144, the "Historic Landmark and Historic District Protection Act of 1978," was introduced in Council and assigned Bill No. 2-367, which was referred to the Committee on Housing and Urban Development. The Bill was adopted on first, amended first, and second readings on October 31, 1978, November 14, 1978 and November 28, 1978, respectively. Signed by the Mayor on December 27, 1978, it was assigned Act No. 2-318 and transmitted to both Houses of Congress for its review.
Law 16-185, the "Historic Preservation Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-195, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 6, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 25, 2006, it was assigned Act No. 16-463 and transmitted to both Houses of Congress for its review. D.C. Law 16-185 became effective on November 16, 2006.
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.
Delegation of Authority
Delegation of Authority Pursuant to the Historic Landmark and Historic District Protection Act of 1978, as amended and the National Historic Preservation Act, as amended, see Mayor's Order 2011-120, July 18, 2011 (58 DCR 6464).
For the purposes of this subchapter the term:
(1) "Alter" or "alteration" means:
(A) A change in the exterior appearance of a building or structure or its site, not covered by the definition of demolition, for which a permit is required;
(B) A change in any interior space that has been specifically designated as an historic landmark;
(C) The painting of unpainted masonry on a historic landmark or on a facade restored as a condition of a permit approved pursuant to this subchapter; or
(D) Excavation or action disturbing the ground at an archaeological site listed in the District of Columbia Inventory of Historic Sites or an archaeological site identified as a contributing feature in the designation of a historic landmark or historic district.
(1A)(A) "Area median income" means:
(i) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;
(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;
(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;
(iv) For a household of one person, 70% of the area median income for a household of 4 persons; and
(v) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons;
(B) Any percentage referenced in subparagraph (A) of this paragraph shall be determined through a direct mathematical calculation not taking into account any adjustments made by the U.S. Department of Housing and Urban Development for the purposes of the programs it administers.
(2) "Commission of Fine Arts" means the United States Commission of Fine Arts established pursuant to the Act of May 17, 1910 (40 U.S.C. § 104).
(3) "Demolish" or "demolition" means the razing or destruction, entirely or in significant part, of a building or structure and includes the removal or destruction of any facade of a building or structure.
(3A) "Demolition by neglect" means neglect in maintaining, repairing, or securing an historic landmark or a building or structure in an historic district that results in substantial deterioration of an exterior feature of the building or structure or the loss of the structural integrity of the building or structure.
(4) "Design" means exterior architectural features including height, appearance, texture, color, and nature of materials.
(4A) "District of Columbia undertaking" means a project of the District of Columbia government that involves or contemplates demolition, alteration, subdivision, or new construction affecting a property owned by or under the jurisdiction of a District of Columbia agency, including an independent agency.
(5) "Historic district" means an historic district:
(A) Listed in the National Register of Historic Places as of the effective date of this subchapter;
(B) Nominated to the National Register by the State Historic Preservation Officer for the District of Columbia; or
(C) Which the State Historic Preservation Officer for the District of Columbia has issued a written determination to nominate to the National Register after a public hearing before the Historic Preservation Review Board.
(6) "Historic landmark" means a building, structure, object, or feature, and its site, or a site:
(A) Listed in the National Register of Historic Places as of the effective date of this subchapter; or
(B) Listed in the District of Columbia's inventory of historic sites, or for which application for such listing is pending with the Historic Preservation Review Board, provided that, the Review Board shall schedule a hearing on the application within 90 days of one having been filed, and will determine within 90 days of receipt of an application pursuant to §§ 6-1104 to 6-1108 whether to list such property as a historic landmark.
(6A) "Historic Preservation Office" or "HPO" means the administrative office that serves as the staff to the Historic Preservation Review Board, State Historic Preservation Officer, and Mayor in performing functions pursuant to this subchapter.
(7) "Historic Preservation Review Board" or "Review Board" means the Board designated pursuant to § 6-1103 and pursuant to regulations promulgated by the United States Secretary of the Interior under the Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq.).
(8) "Mayor" means the Mayor of the District of Columbia, or his designated agent.
(9) "National Register of Historic Places" or "National Register" means that national record of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, and culture established pursuant to the Historic Preservation Act of 1966 (16 U.S.C. § 470a).
(10) "Necessary in the public interest" means consistent with the purposes of this subchapter as set forth in § 6-1101(b) or necessary to allow the construction of a project of special merit.
(10A) "Public safety facility" means a fire station, police station, or any other building or structure owned by the District of Columbia used for public safety operations, but excludes facilities used primarily for administrative functions.
(11) "Special merit" means a plan or building having significant benefits to the District of Columbia or to the community by virtue of exemplary architecture, specific features of land planning, or social or other benefits having a high priority for community services.
(12) "State Historic Preservation Officer" or "SHPO" means the person designated by the Mayor to administer the National Register Program within the District of Columbia established pursuant to the Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq.).
(13) "Subdivide" or "subdivision" means the division or assembly of land into 1 or more lots of record, including the division of any lot of record into 2 or more theoretical building sites as provided by the Zoning Regulations of the District of Columbia (11 DCMR 2516 et seq.).
(14) "Unreasonable economic hardship" means that failure to issue a permit would amount to a taking of the owner's property without just compensation or, in the case of a low-income owner(s) as determined by the Mayor, failure to issue a permit would place an onerous and excessive financial burden upon such owner(s).
(Mar. 3, 1979, D.C. Law 2-144, § 3, 25 DCR 6939; Mar. 8, 1991, D.C. Law 8-232, § 2, 38 DCR 259; Apr. 29, 1998, D.C. Law 12-86, § 503(a), 45 DCR 1172; Apr. 27, 2001, D.C. Law 13-281, § 104(a), 48 DCR 1888; June 19, 2001, D.C. Law 13-313, § 9, 48 DCR 1873; Mar. 16, 2005, D.C. Law 15-228, § 2(a), 51 DCR 10562; Nov. 16, 2006, D.C. Law 16-185, § 2(b), 53 DCR 6712; Mar. 2, 2007, D.C. Law 16-189, § 2(a), 53 DCR 6786; Mar. 25, 2009, D.C. Law 17-353, § 126, 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1002.
1973 Ed., § 5-822.
Effect of Amendments
D.C. Law 13-281 added subsec. (3A).
D.C. Law 13-313 validated a previously made technical amendment.
D.C. Law 15-228 added par. (10A).
D.C. Law 16-185 rewrote par. (1); in par. (3A), inserted "substantial" preceding "deterioration"; added pars. (4A) and (6A); in par. (6)(B), deleted "pursuant to the procedures contained in § 6-1103(c)(5)" following "landmark"; and, in par. (12), inserted "or "SHPO". Prior to amendment, par. (1) read as follows:
"(1) 'Alter' or 'alteration' means a change in the exterior appearance of a building or structure or its site, not covered by the definition of demolition, for which a permit is required; except, that "alter" or "alteration" also means a change in any interior space which has been specifically designated as an historic landmark."
D.C. Law 16-189 added par. (1A).
D.C. Law 17-353 made technical corrections in the designation of paragraphs and subparagraphs.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Historic Preservation Process for Public Safety Facilities Emergency Amendment Act of 2004 (D.C. Act 15-502, August 2, 2004, 51 DCR 8817).
For temporary (90 day) amendment of section, see § 2(a) of Historic Preservation Process for Public Safety Facilities Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-595, November 30, 2004, 51 DCR 11215).
For temporary (90 day) amendment of section, see § 2(a) of Historic Preservation Process for Public Safety Facilities Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-24, February 17, 2005, 52 DCR 2978).
For temporary (90 day) amendment of section, see §§ 2(a), 4 of Targeted Historic Preservation Assistance Emergency Amendment Act of 2006 (D.C. Act 16- 472, July 31, 2006, 53 DCR 6781).
For temporary (90 day) amendment of section, see § 2(a) of Targeted Historic Preservation Assistance Congressional Review Emergency Act of 2006 (D.C. Act 16-500, October 23, 2006, 53 DCR 9046).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
Law 8-232, the "Historic Landmark and Historic District Protection Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-274, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-315 and transmitted to both Houses of Congress for its review.
Law 12-86, the "Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-458, which was referred to the Committee on Public Works and the Environment and the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 19, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 21, 1998, it was assigned Act No. 12-256 and transmitted to both Houses of Congress for its review. D.C. Law 12-86 became effective on April 29, 1998.
For D.C. Law 13-281, see notes following § 6-801.
Law 13-313, the "Technical Amendments Act of 2000", was introduced in Council and assigned Bill No. 13-879, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 19, 2001, it was assigned Act No. 13-574 and transmitted to Both Houses of Congress for its review. D.C. Law 13-313 became effective on June 19, 2001.
Law 15-228, the "Historic Preservation Process for Public Safety Facilities Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-784, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on July 13, 2004, and October 5, 2004, respectively. Signed by the Mayor on October 26, 2004, it was assigned Act No. 15-568 and transmitted to both Houses of Congress for its review. D.C. Law 15-228 became effective on March 16, 2005.
For Law 16-185, see notes following § 6-1101.
Law 16-189, the "Targeted Historic Preservation Assistance Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-300, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 2, 2006, and June 6, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-473 and transmitted to both Houses of Congress for its review. D.C. Law 16-189 became effective on March 2, 2007.
For Law 17-353, see notes following § 6-201.
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.
Miscellaneous Notes
Applicability: Section 4 of D.C. Law 16-189 provides: "The implementation of the provisions of this act is subject to appropriations and nothing in this act shall be construed to create an entitlement."
(a) The Mayor is authorized to establish an Historic Preservation Review Board comprised of nine members who shall be confirmed by the Council of the District of Columbia. The Review Board shall be constituted and its members qualified so as to meet the requirements of a State Review Board under regulations issued by the Secretary of the Interior pursuant to the Act of October 15, 1966 (16 U.S.C. § 470 et seq.).
(b) Subject to the requirements of subsection (a) of this section, all appointments to the Historic Preservation Review Board shall be made with a view toward having its membership represent to the greatest practicable extent the composition of the adult population of the District of Columbia with regard to race, sex, geographic distribution and other demographic characteristics. The term of office of each member of the Review Board shall be 3 years, staggered so that one third of the appointments expire each year. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed.
(c) The Review Board shall:
(2) Perform the functions and duties of a State Review Board as set forth in regulations issued pursuant to the Act of October 15, 1966 (16 U.S.C. § 470 et seq.);
(3) Designate and maintain a current inventory of historic landmarks and historic districts in the District of Columbia and, in connection therewith, adopt and publish appropriate procedures; and
(4) Perform such other functions and duties relating to the protection, preservation, enhancement, and perpetuation of the historic, architectural, cultural and aesthetic heritage of the District of Columbia as the Mayor may from time to time assign.
(5) Repealed.
(d)(1) If, after a hearing, the Review Board has determined to deny an application to designate a building, structure, object or feature, and its site, as a historic landmark, or has determined to deny an application to designate a historic district, the Review Board shall not accept a subsequent application for that designation during the 12-month period after the denial.
(2) If an application for designation of a historic landmark or historic district is withdrawn, the Review Board shall not accept a new application for the same property during the 12-month period following the withdrawal.
(Mar. 3, 1979, D.C. Law 2-144, § 4, 25 DCR 6939; Apr. 29, 1998, D.C. Law 12-86, § 503(b), 45 DCR 1172; Oct. 19, 2000, D.C. Law 13-172, § 403(a), 47 DCR 6308; Nov. 16, 2006, D.C. Law 16-185, § 2(c), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1003.
1973 Ed., § 5-823.
Effect of Amendments
D.C. Law 13-172 repealed par. (c)(5), which had read:
"Consider applications to designate historic landmarks under the contested case procedures contained in § 1-1509."
D.C. Law 16-185, in subsec. (a), substituted "comprised of nine members who" for "whose members" and deleted the last sentence which had read: "Any body which functions as the District of Columbia State Review Board pursuant to the Act of October 15, 1966 (16 U.S.C. § 470 et seq.) as of the effective date of this subchapter, shall function as the Review Board pursuant to this section until a Review Board is established and its members nominated by the Mayor and confirmed by the Council of the District of Columbia pursuant to this section."; in subsec, (b), inserted "The term of office of each member of the Review Board shall be 3 years, staggered so that one third of the appointments expire each year. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed."; in subsec. (d)(1), substituted "during the 12-month period after the denial" for "within 12 months of the denial"; and, in subsec. (d)(2), substituted "the Review Board shall not accept a new application for the same property during the 12-month period following the withdrawal" for "no more than 1 new application may be filed 12 months from the date that the application is withdrawn".
Emergency Act Amendments
For temporary (90-day) addition of section, see § 403(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 403(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
Law 12-86, the "Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-458, which was referred to the Committee on Public Works and the Environment and the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 19, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 21, 1998, it was assigned Act No. 12-256 and transmitted to both Houses of Congress for its review. D.C. Law 12-86 became effective on April 29, 1998.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 18, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-375 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
For Law 16-185, see notes following § 6-1101.
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.
Miscellaneous Notes
Historic Preservation Review Board established: See Mayor's Orders 83-119, May 6, 1983, and 88-213, September 23, 1988, for the functions, composition, terms, and compensation for members of the Board.
Amendment of Mayor's Order 83-119, dated May 6, 1983, Establishment of Historic Preservation Review Board: See Mayor's Order 98-12, February 12, 1998 (45 DCR 1089).
Section 20(c) of D.C. Law 13-313, amends D.C. Law 13-172 by adding a new section 403a which provides:
Sec. 403a. Applicability
"Section 403(a) and (b)(1)(A) and (B) shall apply only prospectively to hearings held by the Mayor or the Historic Preservation Board after the effective date of this title."
(a) Before the Mayor may issue a permit to demolish an historic landmark or a building or structure in an historic district, the Mayor shall review the permit application in accordance with this section and place notice of the application in the District of Columbia Register.
(b) Prior to making the finding required by subsection (e) of this section, the Mayor may refer the application to the Historic Preservation Review Board for a recommendation, but shall so refer all applications that are not subject to review by the Commission of Fine Arts under the Old Georgetown Act (§ 6-1201 et seq.). The Mayor shall consider any recommendation by the Review Board or by the Commission of Fine Arts pursuant to such referral.
(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 building or structure in an historic district or on the site of an historic landmark if the Review Board or Commission of Fine Arts has advised in its recommendation that the building or structure does not contribute to the historic district or the historic landmark.
(d) If the Review Board recommends against granting the permit, it shall promptly notify the applicant in writing of its recommendation and the reasons therefor.
(e) No permit shall be issued unless the Mayor finds that issuance of the permit is necessary in the public interest, or that failure to issue a permit 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.
(g)(1) In any instance where there is a claim of unreasonable economic hardship, the owner shall submit, by affidavit, to the Mayor at least 20 days prior to the public hearing, at least the following information:
(A) For all property:
(i) The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased;
(ii) The assessed value of the land and improvements thereon according to the 2 most recent assessments;
(iii) Real estate taxes for the previous 2 years;
(iv) Annual debt service, if any, for the previous 2 years;
(v) All appraisals obtained within the previous 2 years by the owner or applicant in connection with his purchase, financing or ownership of the property;
(vi) Any listing of the property for sale or rent, price asked, and offers received, if any; and
(vii) Any consideration by the owner as to profitable adaptive uses for the property; and
(B) For income-producing property:
(i) Annual gross income from the property for the previous 2 years;
(ii) Itemized operating and maintenance expenses for the previous 2 years;
(iii) Annual cash flow, if any, for the previous 2 years.
(2) The Mayor may require that an applicant furnish such additional information as the Mayor believes is relevant to his determination of unreasonable economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information which cannot be obtained and shall describe the reasons why such information cannot be obtained.
(h) In those cases in which the Mayor finds that the demolition is necessary to allow the construction of a project of special merit, no demolition permit shall be issued 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, § 5, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(d), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1004.
1973 Ed., § 5-824.
Effect of Amendments
D.C. Law 16-185, in subsec. (c), substituted "if the Review Board or Commission of Fine Arts has advised" for "if the Review Board has advised".
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 16-185, see notes following § 6-1101.
(Mar. 3, 1979, D.C. Law 2-144, § 5a, as added Apr. 27, 2001, D.C. Law 13- 281, § 104(b), 48 DCR 1888; Nov 16, 2006, D.C. Law 16-185, 2(e), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-281, see notes following § 6-801.
For Law 16-185, see notes following § 6-1101.
Delegation of Authority
Delegation of Authority Under D.C. Law 13-281, the "Abatement and Condemnation of Nuisance Property Omnibus Amendment Act of 2002", see Mayor's Order 2002-33, March 1, 2002 (49 DCR 1875).
(Mar. 3, 1979, D.C. Law 2-144, § 5b, as added Apr. 27, 2001, D.C. Law 13- 281, § 104(b), 48 DCR 1888; Nov.16, 2006, D.C. Law 16-185, § 2(f), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-281, see notes following § 6-801.
For Law 16-185, see notes following § 6-1101.
(Mar. 3, 1979, D.C. Law 2-144, § 5c, as added Apr. 27, 2001, D.C. Law 13- 281, § 104(b), 48 DCR 1888; Nov. 16, 2006, D.C. Law 16-185, § 2(g), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For D.C. Law 13-281, see notes following § 6-801.
For Law 16-185, see notes following § 6-1101.
(a) Before the Mayor may issue a permit to alter the exterior or site of an historic landmark or of a building or structure in an historic district, the Mayor shall review the permit application in accordance with this section and place notice of the application in the District of Columbia Register.
(b) Prior to making the finding required by subsection (f) of this section, the Mayor may refer the permit application to the Historic Preservation Review Board for a recommendation, but shall so refer all applications that are not subject to review by the Commission of Fine Arts under the Old Georgetown Act (§ 6-1201 et seq.) or the Shipstead-Luce Act (§ 6-611.01). The Mayor shall consider any recommendation by the Review Board or by the Commission of Fine Arts pursuant to such referral.
(c) Within 120 days after the Review Board receives the referral pursuant to subsection (b) of this section, the Mayor shall make the finding required by subsection (f) of this section.
(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. If the Commission of Fine Arts recommends against granting the application, the Historic Preservation Office shall notify the applicant of the Commission of Fine Arts' recommendation.
(e) In cases in which a claim of unreasonable economic hardship or special merit is made and in any other case he deems appropriate or in which the applicant so requests, the Mayor shall hold a public hearing on the permit application.
(f) No permit shall be issued unless the Mayor finds that such issuance is necessary in the public interest or that a failure to issue a permit will result in unreasonable economic hardship to the owner.
(g) The owner shall submit at the hearing such information as is relevant and necessary to support his application. In any instance where there is a claim of unreasonable economic hardship, the owner shall comply with the requirements of subsections (f) and (g) of § 6-1104.
(h) If the Mayor finds that an alteration is necessary to allow the construction of a project of special merit, a permit shall not be issued unless the owner demonstrates the ability to complete the project.
(Mar. 3, 1979, D.C. Law 2-144, § 6, 25 DCR 6939; May 10, 1989, D.C. Law 7-231, § 20, 36 DCR 492; Nov. 16, 2006, D.C. Law 16-185, § 2(h), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1005.
1973 Ed., § 5-825.
Effect of Amendments
D.C. Law 16-185, in subsec. (d), inserted "If the Commission of Fine Arts recommends against granting the application, the Historic Preservation Office shall notify the applicant of the Commission of Fine Arts' recommendation."; and added subsec. (h).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
Law 7-231, the "Technical Amendments Act of 1988," was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988, and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.
For Law 16-185, see notes following § 6-1101.
(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 place notice of the application in the District of Columbia Register.
(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.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1006.
1973 Ed., § 5-826.
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".
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 16-185, see notes following § 6-1101.
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.
(a) Before the Mayor may issue a permit to construct a building or structure in an historic district or on the site of an historic landmark, the Mayor shall review the permit application in accordance with this section and shall place notice of the application in the District of Columbia Register.
(b) Prior to making the finding on the permit application required by subsection (f) of this section, the Mayor may refer the application to the Historic Preservation Review Board for a recommendation, but shall so refer all applications that are not subject to review by the Commission of Fine Arts under the Old Georgetown Act (§ 6-1201 et seq.) or the Shipstead-Luce Act (§ 6-611.01). The Mayor shall consider any recommendation by the Review Board or by the Commission of Fine Arts pursuant to such referral.
(c) Within 120 days after the Review Board receives the referral, the Mayor shall make the finding required by subsection (f) of this section.
(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. If the Commission of Fine Arts recommends against granting the application, the Historic Preservation Office shall notify the applicant of the Commission of Fine Arts' recommendation.
(e) In any case where the Mayor deems appropriate, or in which the applicant so requests, the Mayor shall hold a public hearing on the permit application.
(f) The permit shall be issued unless the Mayor, after due consideration of the zoning laws and regulations of the District of Columbia, finds that the design of the building and the character of the historic district or historic landmark are incompatible; provided, that in any case in which an application is made for the construction of an additional building or structure on a lot upon which there is presently a building or structure, the Mayor may deny a construction permit entirely where he finds that any additional construction will be incompatible with the character of the historic district or historic landmark. Notwithstanding a finding of incompatibility, the Mayor may find that issuance of the permit is necessary to allow the construction of a project of special merit.
(Mar. 3, 1979, D.C. Law 2-144, § 8, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(j), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1007.
1973 Ed., § 5-827.
Effect of Amendments
D.C. Law 16-185, in subsec. (d), inserted "If the Commission of Fine Arts recommends against granting the application, the Historic Preservation Office shall notify the applicant of the Commission of Fine Arts' recommendation."; and, in subsec. (f), inserted "Notwithstanding a finding of incompatibility, the Mayor may find that issuance of the permit is necessary to allow the construction of a project of special merit."
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 16-185, see notes following § 6-1101.
(a) An applicant may apply to the Mayor for a preliminary review of a project for compliance with the provisions of this subchapter relating to new construction, and to any demolition, alteration, or subdivision necessary for such new construction. Upon the provision of such information and upon compliance with such other conditions as the Mayor may require, such application shall be considered by the Mayor without the necessity of the applicant completing other permit requirements not necessary for a finding under this subchapter. Where an application for a preliminary review is received pursuant to this section, the Mayor will determine, in accordance with the procedures and requirements specified in §§ 6-1104, 6-1105, 6- 1106, and/or 6-1107, as applicable, whether to issue a preliminary finding of compliance with this subchapter; provided, that no permit shall be granted except in accordance with all other permit requirements, and after final review by the Mayor under this subchapter; provided further, that where the final review shows that the project is not consistent with the preliminary review, the application will again be processed in accordance with the procedures and requirements of §§ 6-1104, 6-1105, 6-1106, and/or 6-1107, as applicable.
(b) A prospective permit applicant may apply to the Historic Preservation Review Board for conceptual review of a project for compliance with the provisions of this subchapter relating to demolition, alteration, subdivision, or new construction. After receipt of such information as it may require, the Review Board shall consider the application without requiring the applicant to complete other permit requirements not necessary for its review. To assist in conducting conceptual review, the Review Board may appoint advisory committees composed of two or more Review Board members.
(c) The Mayor shall not determine compliance with § 6-1104, § 6-1105, § 6-1106, or § 6-1107 based on an application for conceptual review, but the Mayor may consider the Review Board's recommendation on an application for conceptual review as evidence to support a finding on a related application submitted for review under § 6-1104, § 6-1105, § 6-1106, or § 6- 1107.
(Mar. 3, 1979, D.C. Law 2-144, § 9, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(k), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1008.
1973 Ed., § 5-828.
Effect of Amendments
D.C. Law 16-185 designated the existing text as subsec. (a); and added subsecs. (b) and (c).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 16-185, see notes following § 6-1101.
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.
(a) For any public safety facility that is a historic landmark, potential historic landmark as determined by the State Historic Preservation Officer, or building or structure within a historic district, the Mayor shall conduct conceptual review of a proposed rehabilitation or new construction in accordance with this section and shall publish notice of the application for conceptual review in the District of Columbia Register.
(b) Before proceeding beyond conceptual plans for a proposed rehabilitation or new construction, and before making the referral required in § 6-1104(b), § 6-1105(b), § 6-1106(b), or § 6-1107(b), the Mayor shall refer an application for conceptual review of a proposed rehabilitation or new construction plan to the State Historic Preservation Officer and the Historic Preservation Review Board, and may refer the application to the Commission of Fine Arts for a recommendation.
(c) The State Historic Preservation Officer shall advise the Mayor on how to accommodate the rehabilitation or new construction plan with any historic preservation interests consistent with operational needs of the public safety facility.
(d)(1) The Historic Preservation Review Board shall:
(A) Advise the Mayor on the compatibility of the rehabilitation or new construction plan with the purposes set forth in § 6-1101(b); and
(B) Determine whether to list the property as a historic landmark pursuant to 6-1103(c).
(2) If the Historic Preservation Review Board recommends against granting the application, it shall promptly notify the Mayor in writing of its recommendation and the reasons for it.
(e) Within 120 days after the Mayor refers the application for conceptual review to the Historic Preservation Review Board pursuant to subsection (b) of this section, the Mayor shall make the finding required by subsection (f) of this section. If the Mayor makes no finding within 120 days, the project shall be deemed to be one of special merit as that term is defined in § 6- 1102(11), and the affected public safety agency may proceed with the design and permit process, unless the affected public safety agency and the State Historic Preservation Officer agree in writing to an extension of time for the Mayor to make the finding required by subsection (f) of this section.
(f) No permit shall be issued unless the Mayor finds that the issuance of a permit is necessary in the public interest. Upon making such a finding, the Mayor shall issue an order defining the nature of the approved conceptual design and specifying any further consultation the Mayor considers appropriate prior to the submission of the application required in § 6-1104(b) , §6- 1105(b), § 6-1106(b), or § 6-1107(b).
(g) In a case in which a claim of special merit is made, the Mayor shall hold a public hearing on the conceptual review application. In considering a claim of special merit, substantial rehabilitation or new construction for operational needs of a public safety facility shall constitute a public interest having a significantly higher priority than that of historic preservation. The Mayor may consider increased costs of historic preservation that constitute an excessive financial burden on the operational needs of the facility in deciding whether to issue a permit.
(Mar. 3, 1979, D.C. Law 2-144, § 9a, as added Mar. 16, 2005, D.C. Law 15- 228, § 2(b), 51 DCR 10562.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 2(b) of Historic Preservation Process for Public Safety Facilities Emergency Amendment Act of 2004 (D.C. Act 15-502, August 2, 2004, 51 DCR 8817).
For temporary (90 day) addition, see § 2(b) of Historic Preservation Process for Public Safety Facilities Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-595, November 30, 2004, 51 DCR 11215).
For temporary (90 day) addition, see § 2(b) of Historic Preservation Process for Public Safety Facilities Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-24, February 17, 2005, 52 DCR 2978).
Legislative History of Laws
For Law 15-228, see notes following § 6-1102.
Delegation of Authority
Delegation of Authority pursuant to the Targeted Historic Preservation Assistance Amendment Act of 2006, see Mayor's Order 2008-80, June 5, 2008 (55 DCR 6940).
Before authorizing the expenditure of funds for design or construction or seeking the permit, license, or approval for a District of Columbia undertaking, the Deputy Mayor, head of the subordinate agency, or head of the independent agency with direct jurisdiction over the undertaking shall take into account the effect of that undertaking on any property listed or eligible for listing in the District of Columbia Inventory of Historic Sites and shall consult with and afford the State Historic Preservation Officer a reasonable opportunity to comment on the undertaking.
(Mar. 3, 1979, D.C. Law 2-144, § 9b, as added Nov. 16, 2006, D.C. Law 16- 185, § 2(l), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-185, see notes following § 6-1101.
The Mayor is authorized to issue such regulations as may be necessary or appropriate to carry out his duties under this subchapter.
(Mar. 3, 1979, D.C. Law 2-144, § 10, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(m), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1009.
1973 Ed., § 5-829.
Effect of Amendments
D.C. Law 16-185 deleted the second sentence which had read as follows: "Such regulations shall be issued to take effect within 60 days from the effective date of this subchapter."
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 16-185, see notes following § 6-1101.
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.
(a) It shall be unlawful for any person to alter, demolish, or construct any building or structure subject to the provisions of this subchapter or to subdivide any property subject to the provisions of this subchapter except in accordance with this subchapter or any rules, regulations, permits, or orders issued pursuant to this subchapter.
(b) It shall be unlawful for any person acting under authority of or pursuant to a building permit or otherwise subject to this subchapter to fail to complete any alteration, repair, construction, or other work required as a condition of any order, permit approval, or enforcement action issued in accordance with this subchapter.
(Mar. 3, 1979, D.C. Law 2-144, § 10a, as added Nov. 16, 2006, D.C. Law 16-185, § 2(n), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-185, see notes following § 6-1101.
(a) The owner of an historic landmark or a contributing building or structure within an historic district shall comply with all laws and regulations governing the maintenance of real property. The buildings or structures shall be preserved against decay and deterioration and shall be made and kept free from structural defects through prompt correction of defects, such as:
(1) Facade or facade elements that may fall and injure persons or property;
(2) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports;
(3) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split, or buckle due to defective material or deterioration;
(4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors;
(5) Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering; or
(6) A fault or defect in the building or structure that renders it structurally unsafe or not properly watertight.
(b) An owner who fails to maintain a building or structure in compliance with this section shall be subject to the remedial requirements of § 6-1109.03 and the penalties under § 6-1110.
(Mar. 3, 1979, D.C. Law 2-144, § 10b, as added Nov. 16, 2006, D.C. Law 16-185, § 2(n), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-185, see notes following § 6-1101.
(a) If the Mayor determines that an historic landmark or a contributing building or structure within a historic district is threatened by demolition by neglect, upon obtaining an order from the Superior Court of the District of Columbia, the Mayor may:
(1) Require the owner to repair all conditions contributing to demolition by neglect; or
(2) If the owner does not make the required repairs within a reasonable period of time, enter the property and make the repairs necessary to prevent demolition by neglect.
(b) The cost of any work undertaken pursuant to subsection (a) of this section shall be charged to the owner and may be levied by the District of Columbia as a special assessment against the real property. The special assessment shall be a lien against the real property.
(Mar. 3, 1979, D.C. Law 2-144, § 10c, as added Nov. 16, 2006, D.C. Law 16-185, § 2(n), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-185, see notes following § 6-1101.
Beginning with real property assessments for tax year 2013 and for each real property tax year thereafter, the Mayor shall provide, along with the annual notice of the assessment for the next real property tax year, each owner of real property with a historic landmark designation and each owner of real property located within a historic district information on the current law and regulations relating to historic property improvements, including regarding:
(1) Building permits;
(2) Consultation with Advisory Neighborhood Commissions;
(3) Review by the Commission of Fine Arts; and
(4) Any other information that the Mayor determines would be helpful to owners of historic properties.
(Mar. 3, 1979, D.C. Law 2-144, § 10d, as added Apr. 27, 2012, D.C. Law 19-123, § 2, 59 DCR 1707.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 19-123 , the "Historic Property Improvement Notification Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-429, which was referred to the Committee on Libraries, Parks, Recreation & Planning. The Bill was adopted on first and second readings on January 4, 2012, and February 7, 2012, respectively. Signed by the Mayor on February 21, 2012, it was assigned Act No. 19-315 and transmitted to both Houses of Congress for its review. D.C. Law 19-123 became effective on April 27, 2012.
(a) Criminal penalty. -- Any person who willfully violates any provision of this subchapter or of any regulation issued under the authority of this subchapter shall, upon conviction, be fined not more than $1,000 for each day a violation occurs or continues or be imprisoned for not more than 90 days, or both. Any prosecution for violations of this subchapter or of any regulations issued under the authority of this subchapter shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of Attorney General for the District of Columbia.
(b) Civil remedy. -- Any person who demolishes, alters or constructs a building or structure in violation of § 6-1104, § 6-1105, or § 6-1107 shall be required to restore the building or structure and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of Attorney General for the District of Columbia. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.
(d)(1) The Historic Preservation Office shall be responsible for enforcement of the provisions of this subchapter.
(2) The Mayor may delegate to the Historic Preservation Office coordinated enforcement of Building Code provisions applicable to preservation of historic landmarks and historic districts pursuant to a written agreement with and under the authority of the Building Code Official.
(e) An appeal of any enforcement action brought by the Historic Preservation Office shall be heard by the Office of Administrative Hearings.
(Mar. 3, 1979, D.C. Law 2-144, § 11, 25 DCR 6939; Oct. 5, 1985, D.C. Law 6-42, § 412, 32 DCR 4450; Nov. 16, 2006, D.C. Law 16-185, 2(o), 53 DCR 6712; Mar. 2, 2007, D.C. Law 16-189, § 2(b), 53 DCR 6786.; Mar. 25, 2009, D.C. Law 17-353, § 128(a), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1010.
1973 Ed., § 5-830.
Effect of Amendments
D.C. Law 16-185 added subsec. (d).
D.C. Law 16-189 added subsec. (e).
D.C. Law 17-353 validated a previously made technical correction in the designation of subsec. (e).
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 2(b), 4 of Targeted Historic Preservation Assistance Emergency Amendment Act of 2006 (D.C. Act 16- 472, July 31, 2006, 53 DCR 6781).
For temporary (90 day) amendment of section, see § 2(b) of Targeted Historic Preservation Assistance Congressional Review Emergency Act of 2006 (D.C. Act 16-500, October 23, 2006, 53 DCR 9046).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both houses of Congress for its review.
For Law 16-185, see notes following § 6-1101.
For Law 16-189, see notes following § 6-1102.
For Law 17-353, see notes following § 6-201.
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.
Miscellaneous Notes
Applicability: Section 4 of D.C. Law 16-189 provides: "The implementation of the provisions of this act is subject to appropriations and nothing in this act shall be construed to create an entitlement."
(a) There is established within the General Fund of the District of Columbia, the Historic Landmark-District Protection Fund ("HLP Fund") as a nonlapsing, revolving fund; the funds of which shall not revert to the General Fund at the end of any fiscal but shall remain available, without regard to fiscal year limitation, pursuant to an act of Congress, for the purpose of paying the costs of repair work necessary to prevent demolition by neglect as described in § 6-1109.03 or for the costs of carrying out any other historic preservation program consistent with the purposes of and pursuant to this subchapter.
(b) There shall be deposited into the HLP Fund:
(1) Such amounts as may be appropriated for the fund;
(2) Grants or donations from any source to the fund or to the District of Columbia for the purposes of the fund;
(3) Interest earned from the deposit or investment of monies of the fund;
(4) Amounts assessed and collected as costs or penalties under this subchapter, or otherwise received to recoup any amounts, incidental expenses, or costs incurred or expended for purposes of the fund, or any sums received pursuant to a resolution or settlement of disputes or enforcement actions under this subchapter where the resolution or settlement provides in writing for such payment;
(5) All other receipts derived from the operation of the fund;
(6) The proceeds from the sale of real or personal property or other items of value from any source donated to the fund or to the District of Columbia for the purposes of the fund; and
(7) All proceeds from the payment of the filing fee and transmittal fees for applications to designate a historic landmark or historic district as set forth at 10-C DCMR § 205.
(c) The Mayor shall include in the budget estimates of the District of Columbia for each fiscal year such amount as may be necessary for capitalization of the HLP Fund.
(Mar. 3, 1979, D.C. Law 2-144, § 11a, as added Nov. 16, 2006, D.C. Law 16-185, § 2(p), 53 DCR 6712; Sept. 14, 2011, D.C. Law 19-21, § 2012, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 41, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-21, in subsec. (b), deleted "and" from the end of par. (5 ), substituted "; and" for a period the end of par. (6), and added par. (7).
D.C. Law 19-171, in subsec. (b)(7), validated a previously made technical correction.
Legislative History of Laws
For Law 16-185, see notes following § 6-1101.
For history of Law 19-21, see notes under § 6-226.
For history of Law 19-171, see notes under § 6-225.
Miscellaneous Notes
Short title: Section 2011 of D.C. Law 19-21 provided that subtitle B of title II of the act may be cited as "Historic Preservation Fee Authorization Clarification Amendment Act of 2011".
Section 2015 of D.C. Law 19-21 provides that this subtitle shall apply as of October 1, 2000.
(a) The Mayor may use authorized funds to establish a targeted homeowner grant program to assist homeowners with the rehabilitation of their historic property.
(b) A grant under this program may be used to rehabilitate a structure that contributes to the character of one of the following historic districts:
(1) Anacostia Historic District;
(2) Blagden Alley/Naylor Court Historic District;
(3) Capitol Hill Historic District;
(4) Greater Fourteenth Street Historic District;
(5) Greater U Street Historic District;
(6) LeDroit Park Historic District;
(7) Mount Pleasant Historic District;
(8) Mount Vernon Square Historic District;
(9) Mount Vernon Triangle Historic District;
(10) Shaw Historic District;
(11) Strivers' Section Historic District; or
(12) Takoma Park Historic District.
(c) A grant shall be limited to structural repairs or work on the exterior of a qualified structure;
(d) A grant shall not exceed $25,000; except, that a grant may be a maximum of $35,000 if the structure is located in the Anacostia Historic District.
(e)(1) A grant may be made to a taxpayer, as defined in § 47-1801.04(7), who has a household income of 120% or less of the area median income; provided, that:
(A) The grant is for rehabilitation of the taxpayer's principal place of residence or a structure that will be the taxpayer's principal place of residence within 60 days after the rehabilitation is completed;
(B) The taxpayer submits an application showing that the taxpayer meets the applicable household income criteria and is listed on the Office of Tax and Revenue's records as currently receiving the homestead deduction for property taxes, and includes written consent from each person in the applicant's household to disclosure by Office of Tax and Revenue to the Historic Preservation Office of his or her gross income; which disclosure shall be used solely for consideration of grant applications under this section.
(2) The Office of Tax and Revenue shall report the gross income of each of the persons in the taxpayer's household at the time the grant application is made pursuant to subparagraph (B) of paragraph (1) based upon the most recent income tax return of each person to the Historic Preservation Office prior to the award of a grant.
(f) A taxpayer who has a household income of more than 60% but no more than 90% of area median income shall be required to match the grant by contributing a minimum of 25% of the cost of the rehabilitation; except, that the match requirement shall be a minimum of 15% for a taxpayer in the Anacostia Historic District.
(g) A taxpayer who has a household income of more than 90% of area median income shall be required to match the grant by contributing a minimum of 50% of the cost of the rehabilitation; except, that the match requirement shall be a minimum of 40% for a taxpayer in the Anacostia Historic District.
(h) The Mayor shall:
(1) Approve the scope of rehabilitation work prior to award of a grant;
(2) Ensure that all work is consistent with the purposes of this subchapter and implementing regulations; and,
(3) Award grants and disburse grant funds pursuant to rules and procedures the Mayor shall establish for this purpose.
(i)(1) The taxpayer shall enter into a preservation covenant with the State Historic Preservation Officer against the property on which the structure is located. The covenant shall run with the land and shall require that the rehabilitation improvements be maintained in good repair satisfactory to the State Historic Preservation Officer for 5 years after the date on which the grant is fully disbursed.
(2) If the taxpayer does not maintain the certified rehabilitation improvements in good repair for any period of time covered by the covenant, the Mayor may take any enforcement action authorized under this subchapter and may assess the amount of the grant as a tax on the property, and shall:
(A) Carry the tax on the regular tax rolls; and
(B) Collect the tax in the same manner as real property taxes are collected provided; that a lien shall not be valid as against any bona fide purchaser, or holder of a security interest, mechanic's lien, or other such creditor interested in the property, without notice, until notice by filing the lien in the Recorder of Deeds.
(j)(1) An action may be brought in the name of the District at any time within 3 years after the expiration of 60 days from the date that the tax was assessed to recover the amount of the unpaid tax.
(2) A lien shall be satisfied by payment of the amount of the lien to the State Historic Preservation Officer.
(k)(1) The Mayor shall deposit in the HLP Fund established in § 6-1110.01 any funds appropriated for the purposes of the Targeted Homeowner Grant Program.
(2) The Mayor may expend up to $1.25 million of appropriated funds for this purpose each fiscal year. Any appropriated funds not expended during a fiscal year shall be used only for the same purpose in subsequent fiscal years.
(3) In each fiscal year, the Mayor may expend up to 5% of the amount of the funds authorized in that year for reasonable administrative costs.
(Mar. 3, 1979, D.C. Law 2-144, § 11b, as added Mar. 2, 2007, D.C. Law 16- 189, § 2(c), 53 DCR 6786; Mar. 25, 2009, D.C. Law 17-353, § 128(b), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 2121, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
D.C. Law 18-111, in subsec. (k)(2), substituted "fiscal year" for "fiscal year, beginning from fiscal year 2006 through fiscal year 2010"; and, in subsec. (k)(2), deleted "applicable" following "each".
Temporary Amendments of Section
Section 2 of D.C. Law 17-277, in subsec. (e), added par. (3) to read as follows:
"(3) A grant made to a taxpayer pursuant to this section shall be excluded in the computation of District gross income.".
Section 5(b) of D.C. Law 17-277 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 2(c) of Targeted Historic Preservation Assistance Emergency Amendment Act of 2006 (D.C. Act 16-472, July 31, 2006, 53 DCR 6781).
For temporary (90 day) addition, see § 2(c) of Targeted Historic Preservation Assistance Congressional Review Emergency Act of 2006 (D.C. Act 16-500, October 23, 2006, 53 DCR 9046).
For temporary (90 day) amendment, see § 2 of Targeted Historic Housing Preservation Assistance Emergency Amendment Act of 2008 (D.C. Act 17-470, July 28, 2008, 55 DCR 8761).
For temporary (90 day) amendment of section, see § 2 of Targeted Historic Housing Preservation Assistance Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-546, October 20, 2008, 55 DCR 11434).
For temporary (90 day) amendment of section, see § 2121 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2121 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 16-189, see notes following § 6-1102.
For Law 17-353, see notes following § 6-201.
For Law 18-111, see notes following § 6-226.
Miscellaneous Notes
Applicability: Section 7071 of D.C. Law 17-219 repealed section 4 of D.C. Law 16-189.
Short title: Section 2120 of D.C. Law 18-111 provided that subtitle M of title II of the act may be cited as the "Targeted Homeowner Grant Program Funding Amendment Act of 2009".
(a) Nothing in this subchapter shall interfere with the authority of the Board for the Condemnation of Insanitary Buildings to put a building or structure into sanitary condition or to demolish it pursuant to the provisions of the Act of May 1, 1906 (Chapter 9 of this title); except, that no permit for the demolition of an historic landmark or building or structure in an historic district shall be issued to the owner except in accordance with the provisions of this subchapter.
(b) Nothing in this subchapter shall affect the authority of the District of Columbia to secure or remove an unsafe building or structure pursuant to the Act of March 1, 1899 (Chapter 8 of this title).
(c) Except as provided under subchapter II of Chapter 31C of Title 42, nothing in this subchapter shall affect the authority of the Mayor to enclose or demolish a structure under subchapter II of Chapter 31C of Title 42.
(Mar. 3, 1979, D.C. Law 2-144, § 12, 25 DCR 6939; Apr. 19 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 14, 49 DCR 8140.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1011.
1973 Ed., § 5-831.
Effect of Amendments
D.C. Law 14-114 added subsec. (c).
D.C. Law 14-213, in subsec. (c), validated previously made technical corrections.
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 14-114, see notes following § 6-802.
For Law 14-213, see notes following § 6-802.
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.
(a) In any case of demolition, alteration, subdivision, or new construction in which a hearing was held, the Mayor's decision on such application shall not become final until 15 days after issuance. In all applications for which a hearing is held, the Mayor's decision must be issued within 120 days after the hearing record is closed, including the filing of any required post-hearing submissions.
(b) All proceedings pursuant to this subchapter shall be conducted in accordance with the applicable provisions of Chapter 5 of Title 2.
(Mar. 3, 1979, D.C. Law 2-144, § 13, 25 DCR 6939; Apr. 29, 1998, D.C. Law 12-86, § 503(c), 45 DCR 1172; Oct. 19, 2000, D.C. Law 13-172, § 403(b), 47 DCR 6308; June 19, 2001, D.C. Law 13-313, § 20(b), 48 DCR 1873.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1012.
1973 Ed., § 5-832.
Effect of Amendments
D.C. Law 13-172, in subsec. (a), substituted "120 days" for "60 days" and deleted ", or the application shall be deemed approved by the Mayor" at the end of the second sentence, and in subsec. (b), struck the second and third sentences, which had read:
"The hearing by the Review Board upon the filing of an application to designate a historic landmark shall be conducted under the contested case procedures contained in § 1-1509. Any final order of the Mayor under this act and any final order of the Review Board regarding the designation of a historic landmark shall be reviewable in the District of Columbia Court of Appeals."
D.C. Law 13-313, in subsec. (a), substituted "alteration, subdivision," for "subdivision".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see §§ 2, 3 of (D.C. Law 13-197, October 21, 2000, law notification 47 DCR 8987).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 403(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) amendment of section, see §§ 2(a), (b) and 3(a), (b) of the Fiscal Year 2001 Budget Support Emergency Amendment Act of 2000 (D.C. Act 13-381, July 24, 2000, 47 DCR 6695).
For temporary (90 day) amendment of section, see § 403(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 6-1103.
For Law 13-172, see notes following § 6-1103.
For D.C. Law 13-313, see notes following § 6-1102.
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.
Miscellaneous Notes
Section 20(c) of D.C. Law 13-313, amends D.C. Law 13-172 by adding a new section 403a which provides:
Sec. 403a. Applicability
"Section 403(a) and (b)(1)(A) and (B) shall apply only prospectively to hearings held by the Mayor or the Historic Preservation Board after the effective date of this title."
By April 1 of each year, the Mayor shall transmit to the Council a detailed report on the implementation of this subchapter, including:
(2) The number of such applications granted after a public hearing; specifying for each such application the nature of the requested permit, the nature of the applicant's claim, whether or not economic hardship was found, whether or not it was found to be in the public interest and on what grounds; and
(3) The financial condition of the HLP Fund, including:
(A) The results of the operations and collections for the preceding fiscal year;
(B) An accounting of receipts and expenditures;
(C) An itemization of the amounts of unrecovered costs, taxes, and penalties;
(D) The names of delinquent property owners; and
(E) The nature of corrected building violations.
(Mar. 3, 1979, D.C. Law 2-144, § 14, 25 DCR 6939; Nov. 16, 2006, D.C. Law 16-185, § 2(q), 53 DCR 6712.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1013.
1973 Ed., § 5-833.
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For Law 16-185, see notes following § 6-1101.
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.
The sections of this subchapter are hereby declared to be severable. In the event that any section of this subchapter or portion thereof is held void or unenforceable for whatever reason, all remaining provisions shall remain in full force and effect.
(Mar. 3, 1979, D.C. Law 2-144, § 16, 25 DCR 6939.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1014.
1973 Ed., § 5-834.
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
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.
This subchapter shall become effective as provided for acts of the Council of the District of Columbia in § 1-206.02(c)(1). Notwithstanding any other provision of law, upon the effective date of this subchapter, all pending applications for permits shall be subject to this subchapter and no outstanding permits shall be renewed or reissued except in accordance with the provisions of this subchapter.
(Mar. 3, 1979, D.C. Law 2-144, § 17, 25 DCR 6939.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1015.
1973 Ed., § 5-835.
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
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.
