Chapter 2. Street and Alley Closing and Acquisition Procedures.
Subchapter I. Definitions.
§ 9–201.01. Definitions.
For purposes of this chapter the term:
(1) “Alley” means any public alley, as recorded in the records of the Office of the Surveyor, from its intersection with a street or another alley to its next intersection with a street or alley, or where it dead-ends.
(2) “Council” means the Council of the District of Columbia.
(2A) “DDOT” means the District Department of Transportation.
(3) “District” means the District of Columbia government.
(4) “Highway plan” means the plan of the permanent system of highways developed pursuant to § 9-103.01 et seq.
(4A) "Initiator" means the individual or entity that makes a request to the Mayor or a Councilmember to sponsor legislation proposing the designation of an official or symbolic name of an alley or street, or portion thereof, or an official name of a public space other than an alley or street, or portion thereof, and shall not include the Mayor, the Council, or any Councilmember.
(5) “Mayor” means the Mayor of the District of Columbia, or the Mayor’s designated representative.
(5A) "Official name" means the legal designation of an alley or street, or portion thereof, for use in a mailing address and other official purposes.
(5B) "Other public space" means a public space other than an alley or street.
(6) “Owner” means the owner(s) of record as shown on the records in the Department of Finance and Revenue.
(7) “Street” means any public right-of-way, recorded as a street, road, or highway in the records of the Office of the Surveyor.
(8) “Surveyor” means the Surveyor of the District of Columbia.
(9) "Symbolic name" means a ceremonial name given to an alley or street, or portion thereof, or other public space that is in addition and subordinate to its official name.
Subchapter II. Street and Alley Closing Procedures.
§ 9–202.01. Authority of the Council.
The Mayor may close all or part of any street or alley which is determined by the Council to be unnecessary for street or alley purposes, upon approval of a proposed resolution submitted by the Mayor to the Council for its review.
§ 9–202.02. Actions required of Mayor prior to consideration of application.
Prior to consideration by a committee of the Council of an application to close all or part of a street or alley, the Mayor shall:
(1) Provide the Council with a Surveyor’s plat showing:
(A) The street or alley, or part thereof, to be closed;
(B) The lots abutting the street or alley, or part thereof, to be closed;
(C) Any dedication of land for street or alley purposes;
(D) Any easements to be established or reserved by the District; and
(E) The person(s) to whom the title to the land to be closed is to revert or vest.
(2) Provide the Council with any comments on the proposed closing submitted by the affected District agencies and public utilities.
(3) Except as provided in § 9-202.03, refer the application to the National Capital Planning Commission for its recommendations.
(4) Refer to the Historic Preservation Review Board, as established by § 6-1103 for its review, any application to close any street located on the L’Enfant Street Plan.
(5) Refer the application to the Advisory Neighborhood Commission in whose area the street or alley to be closed is located for its review, and provide the Council with a copy of any comments submitted by the affected Advisory Neighborhood Commission.
(6) Provide notice of the application to each abutting property owner, and provide the Council with a copy of any comments submitted by an abutting property owner.
§ 9–202.03. Exceptions from requirement of referral of application to National Capital Planning Commission.
Section 9-202.02(3) shall not apply to any application to close all or part of an alley in the circumstances enumerated in § 9-202.05(2), (4)(A), (5), or (6).
§ 9–202.04. Public hearing required.
Except as provided in § 9-202.05, the Council shall hold a public hearing on all applications to close all or part of a street or alley.
§ 9–202.05. Inapplicability of § 9-202.04.
Section 9-202.04 shall not apply to any application to close:
(1) All or part of any alley when the application has been supported in writing by all of the owners of all the property in the square;
(2) All or part of any alley where the width of the alley is 10 feet or less, and the application has been supported in writing by all of the owners of all the property abutting the entire alley;
(3) All or part of any dead-end or unimproved street or alley when the application has been supported in writing by all of the record owners of all the property on both sides of the block(s) of the street which abuts the block(s) of that street to be closed or which abuts the entire alley;
(4) All or any part of any alley when the application has been supported in writing by all of the record owners of all the property abutting the entire alley, and when land in the same square is concurrently provided for alley purposes either by:
(A) Dedication; or
(B) Easement;
(5) All or part of any alley when:
(A) The closing is supported in writing by all of the owners of the property in 2/3 of the square;
(B) The alley, all or part of which is to be closed, is located entirely within 2/3 of the square owned by the persons supporting the closing; and
(C) The owners propose to develop the entire area of the square which they own; and
(6) All or part of any alley when the District or the United States holds title to all the property abutting the alley, all or part of which is to be closed.
§ 9–202.06. Duties of applicant; Mayor to make available signs and prescribe format for written notice.
(a) At least 15 days and no more than 60 days prior to the date of any public hearing to consider an application to close all or part of a street or alley, the applicant shall:
(1) Give written notice of the date, time, and location of the public hearing to all of the owners of all the property on both sides of the block(s) of the street which abuts the block(s) of that street to be closed or which abuts that entire alley; and
(2) Post a sign which indicates the date, time, and location of the public hearing at each end of the block(s) of that street to be closed, or at each entrance from a street to any alley in the square.
(b) At least 15 days and no more than 6 months prior to final consideration by the Council of a proposed resolution to close all or part of a street or alley which has not been the subject of a public hearing, the applicant shall:
(1) Give written notice of the Council’s intent to consider the proposed resolution to all of the owners of all the property on both sides of the block(s) of the street or which abuts that alley; and
(2) Post a sign which indicates the Council’s intent to consider the proposed resolution at each end of the block(s) of that street to be closed, or at each entrance from a street to any alley in the square.
(c) The applicant shall certify to the Council that the notice required in subsection (a) or (b) of this section has been given. A post office receipt of proof of mailing of the notice to the property owner’s last known address and a photograph of each posted sign shall be sufficient proof that the required notice was given.
(d) The Mayor shall make available the signs and shall prescribe by rule a format for the written notice to be given pursuant to this section.
§ 9–202.07. Publication of notice of hearing; written notice to involved advisory neighborhood commission.
(a) At least 15 days prior to a public hearing to consider an application to close all or part of a street or alley, the Council shall publish notice of the public hearing in the D.C. Register and shall give written notice of the public hearing to the advisory neighborhood commission(s) in whose commission area the street and alley to be closed is located.
(b) At least 15 days and no more than 6 months prior to final consideration by the Council of proposed legislation to close all or part of a street or alley which has not been the subject of a public hearing, the Council shall give written notice of the Council’s intent to consider the proposed legislation to the advisory neighborhood commission(s) in whose commission area the street and alley to be closed is located.
§ 9–202.08. Disposition of property; use of money received therefrom.
Where title to the street or alley, of which all or part is to be closed, can reasonably be determined to be held by the United States or the District, the Council may dispose of the property to the best advantage of the District and may assess the fair market value of the land and the value of the District’s improvements on the land to the person(s) to whom the title to the land is to vest. Any money received for land where the title was held by the United States shall be deposited in the Treasury of the United States to the credit of the United States. Any money received for land where title was held by the District shall be credited to the General Fund of the District.
§ 9–202.09. Approval subject to contingencies; relocation assistance.
(a) The Council may make the approval of a closing of all or part of a street or alley contingent upon any or all of the following:
(1) The dedication of any other land for street or alley purposes;
(2) The granting to the District of specific easements for public purposes; or
(3) Any other condition that the Council considers necessary.
(b)(1) If the closing of all or part of a street or alley is associated with the demolition, substantial rehabilitation, or discontinuance of an existing building and results in the displacement of existing retail tenants, then the applicant shall certify to the District, prior to the issuance of a building permit for the development facilitated by the alley closing, that the applicant has either:
(A) Offered each eligible retail tenant a preferential opportunity to return to the new or rehabilitated building upon completion; or
(B) Provided each eligible retail tenant a relocation payment, the amount of which shall be calculated by multiplying the assessed value of the existing building by the proportion of square footage within the building that was occupied by the retail tenant, but in no event shall this relocation payment be required to exceed $25,000.
(2) If the applicant offers the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection and if the eligible retail tenant accepts the offer, then the applicant shall not be required to provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection. If the applicant offers the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection and if the eligible retail tenant declines or does not respond to the offer, then the applicant shall provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection. If the applicant chooses not to offer the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection, then the applicant shall provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection.
(3) The preferential opportunity to return referred to in subparagraph (1)(A) of this subsection includes at least a written offer to return to space to be leased in the new or rehabilitated building upon completion.
(4) The relocation assistance required by this section referred to in paragraph (1) of this subsection shall be designed for the benefit of eligible retail tenants who are displaced by a development associated with a street or alley closing, and both the eligible retail tenants and the Corporation Counsel, on behalf of the District of Columbia, shall have the right to sue in the Superior Court of the District of Columbia to enforce the relocation assistance required by this section. A copy of the relocation assistance required by this section shall be sent by the applicant to all retail tenants who may be displaced by a development associated with the application, and the applicant shall use best efforts to notify retail tenants of the relocation assistance required by this section.
(5) Prior to consideration by a committee of the Council of an application to close all or part of a street or alley, the Mayor shall provide the Council with information regarding:
(A) The effect of the street or alley closing upon any existing retail tenants in buildings associated with the street or alley closing; and
(B) The assessed value of the street or alley to be closed and the assessed values of land and of buildings associated with the street or alley closing.
(c) In order to be eligible for the relocation assistance provided in subsection (b) of this section, a retail tenant:
(1) Shall be a nonresidential tenant offering goods or nonprofessional services;
(2) Shall have been a tenant of the existing building for a minimum of 3 years prior to the date of introduction of proposed legislation to close all or a part of a street or alley associated with the demolition, substantial rehabilitation, or discontinuance of the existing building;
(3) Shall have had an annual gross revenue, from all business locations within the District of Columbia, that totaled not more than $5,000,000 in the year preceding the date of displacement;
(4) Shall not have an ownership interest in the property to be developed; and
(5) Shall relocate within the District of Columbia.
(d) A retail tenant shall refund any relocation payment provided under this section if the retail tenant relocates outside the District of Columbia within a period of 3 years.
(e) The provisions of subsections (b) and (c) of this section shall not apply to applications by the Washington Metropolitan Area Transit Authority for closing all or part of a street or alley for the sole purpose of construction of transit facilities.
(f) An applicant who obtains a street or alley closing or a zoning density increase and who is required to construct or rehabilitate affordable housing pursuant to section 308b of the Comprehensive Plan (10 DCMR) [10 DCMR § 308b] shall not be issued a building permit for the applicant’s commercial development until the applicant certifies to the District either that a building permit has been issued for the required amount of affordable housing, or that the applicant has contributed sufficient funds to a housing provider to construct or rehabilitate the required amount of affordable housing.
§ 9–202.10. Required notice of approval to affected property owners.
Except in the circumstances enumerated in § 9-202.05(1) through (6), following enactment of legislation ordering the closing of all or part of a street or alley, the Mayor shall give written notice to the owners of the property on both sides of the block(s) of the street to be closed or which abuts that entire alley, that the legislation has been approved by the Council and signed by the Mayor. This notice shall also indicate that any written objection by an interested party aggrieved by the closing must state how the person is aggrieved by the closing and must be filed with the Mayor within 30 days of the mailing of the notice.
§ 9–202.11. Judicial proceeding upon filing of objection; damages.
When an objection is filed with the Mayor as provided for in § 9-202.10, the Mayor shall institute a proceeding in rem in the Superior Court of the District of Columbia for the closing of the street or alley, or part thereof, and for the ascertainment of damages and the assessment of benefits resulting from the closing. The proceedings shall be conducted in the same manner as proceedings for the condemnation of land for streets and alleys pursuant to Chapter 13 of Title 16. Any damages awarded by the Court shall cover the administrative costs of the proceedings and shall be paid by the applicant for the closing, the applicant having the right, within a reasonable time to be fixed by the Court in its order confirming the verdict, to abandon the proposed closing without being liable for damages ordered by the Court. If no damages are awarded by the Court, the person who filed the objection shall pay the administrative costs of the in rem proceeding.
§ 9–202.12. Recordation of closing act and Surveyor’s plat; effects of recordation.
Following the effective date of an act ordering the closing of a street or alley, and following the finding by the Surveyor of compliance with any conditions required in the street or alley closing act pursuant to § 9-202.09 and following the payment of any damages awarded pursuant to § 9-202.11, the Surveyor shall record a copy of the street or alley closing act and the Surveyor’s plat in the Office of the Surveyor. Upon the recordation of the Surveyor’s plat, the street or alley, or part thereof, will be deemed closed and the title to the land shall revert to or be vested in fee simple to the record owners as shown on the plat. This land shall thereafter be assessable in all respects as all other real property in the District of Columbia. The right of the public to use the street or alley, and any proprietary interest of the United States or the District in the street or alley, or part thereof, shall cease, unless a temporary continued use is required by the Mayor. Upon the recordation in the Office of the Surveyor of a closing plat showing any easement or dedication of land for public purposes that has been established or accepted in an act closing a street or alley, or part thereof, the land encompassed by the easement or dedication shall thereafter be available for that public use.
§ 9–202.13. Disposition of closing act and plat.
Upon the recordation of the plat, the Surveyor shall send a copy of the act and the plat to the applicant and to the Director of the Department of Finance and Revenue.
§ 9–202.14. Fee schedule.
The Mayor shall establish a fee schedule to recover the costs associated with the consideration of an application to close all or part of a street or alley.
§ 9–202.15. Mayor to issue procedures for review by agencies and public utilities.
Within 6 months of April 29, 1998, the Mayor shall issue procedures to require that all administrative reviews by affected agencies and by the public utilities of all applications to close all or part of a street or public alley, including agency and utility procedures both prior to Council review and after enactment of the resolution, will be completed within a total period of no greater than 180 days from the date of application. This 180 day period shall not include the days that the resolution is pending in the Council.
Subchapter III. New Streets or Alleys.
§ 9–203.01. Scope of Mayor’s authority.
The Mayor may open, extend, widen, or straighten:
(1) Any street to conform with the highway plan; or
(2) Any minor street or alley, upon the petition of the owners of more than 1/2 of the property fronting on the proposed street or alley, or when the Mayor finds that the public interest would be served best by the action.
§ 9–203.02. Methods of acquisition.
Any land used for the purpose of opening, extending, widening, or straightening any street, minor street, or alley pursuant to § 9-203.01 may be acquired by:
(3) Acceptance by the Council of a dedication of land; provided, that if the land is to be acquired for a Federal Aid Highway project, the person offering to dedicate the land must be informed of his or her right to compensation for it.
§ 9–203.03. Council acceptance of land dedication.
(a) Where the highway plan shows: (1) a street as 90 feet wide, the Council may accept a dedication of land no less than 60 feet wide; (2) a street as 120 feet or more wide, the Council may accept a dedication of land no less than 90 feet wide; provided, that in both clauses (1) and (2) of this section the persons dedicating the land agree to establish building restriction lines to correspond with the width of the street as shown on the highway plan.
(b) An application to dedicate land to establish a minor street that would not meet the requirements of § 9-203.04 shall be accompanied by a document signed by the Mayor, stating that the Mayor has authorized the nonconforming street width or building-line setback.
(c) When the Council makes street construction a condition for the dedication of land for street purposes, the Surveyor shall not record a dedication plat until DDOT has issued a written statement (“DDOT Statement”) that:
(1) The owner of the property to be dedicated has constructed the street improvements in accordance with the Council’s conditions, DDOT’s standard and specifications, and any plans required and approved by DDOT; and
(2) The owner of the property being dedicated has signed a document, which shall be attached to the DDOT Statement, that indemnifies and holds harmless the District and all of its officers, agents, and servants against any and all claims or liability arising from or based on, or as a consequence or result of, any latent defects, act, omission, or default of the owner of the property, his employees, agents, servants, contractors, or subcontractors, in the performance of, or in connection with, any work required, contemplated, or performed in connection with the construction of the street.
§ 9–203.04. Minor streets.
Except as provided in § 9-203.03(b) and (c), and any regulations issued pursuant to § 9-203.03(b) or (c), in any 1 block length, a minor street shall be 75 feet wide, though land may be acquired at a width of 55 feet with building restriction lines set 10 feet back on both sides of the street lines.
§ 9–203.05. Area between property line and building restriction line.
Any area between the property line and the building restriction line shall be considered as private property set aside and treated as public space under the care and maintenance of the property owner. The use of this area shall be controlled by the District of Columbia police regulations with respect to the use of public space and the projection of buildings beyond the building line. The District shall have a right-of-way through this area for sewers and water mains free of charge. The Mayor may build sidewalks on this area if in the judgment of the Mayor the space between the street lines is not sufficient to permit the construction of sidewalks within the street lines.
§ 9–203.06. Improvement of street — Prerequisites.
(a) Prior to the improvement or issuance of a permit to improve a street that has been acquired for street purposes by the District but has neither been improved nor used as a public right-of-way for vehicles within 10 years of its acquisition, the Mayor shall submit a proposed street improvement, a proposed resolution to consider the proposed improvement, and supporting documents regarding the proposed improvement to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed improvement, in whole or in part, by resolution within this 45-day review period, the proposed improvement shall be deemed approved, and the Mayor may improve or issue a permit to improve the street.
(b) Prior to submitting the resolution to the Council required in subsection (a) of this section, the Mayor shall solicit comments on the proposed improvement from appropriate executive branch agencies and public utilities, the Advisory Neighborhood Commission within whose area the street is located, and each owner of property within the squares adjacent to the street to be improved.
(c) The supporting documents required to be submitted to the Council by subsection (a) of this section shall include at a minimum:
(1) A Surveyor’s plat showing the street proposed to be improved; a listing by name, address, and lot and square numbers of each owner of property within the squares adjacent to the street to be improved; and the date and method of acquisition by the District of the street;
(2) Comments on the proposed improvement from appropriate District agencies and public utilities, including information regarding:
(A) Any building or development plans and any filed zoning cases related to the proposed improvement;
(B) The conformity of the proposed improvement and any associated development with the policies and land use designations set forth in the District of Columbia Comprehensive Plan Act of 1984;
(C) The present and future traffic needs to be served by the proposed improvement, any alternative means of serving those needs that have been considered, and an assessment of the impact of the proposed improvement and any associated development on traffic circulation, parking availability, and environmental conditions in the surrounding area;
(D) The total costs associated with the proposed improvement, including the costs of the proposed improvement and future maintenance of the street, and whether those costs are to be borne by the District or by a private party;
(E) The probable assessed value of the land to be improved for street purposes, and the existing condition and use of this land;
(F) The assessed values of the land and buildings on property within the squares that abut the street to be improved; and
(G) Any requirements or easements to be established as conditions to approval of the proposed improvement; and
(3) Certification by the Mayor or the Mayor’s agent that the affected Advisory Neighborhood Commission and each owner of property within the squares adjacent to the street to be improved has been notified about the proposed improvement, and copies of any comments on the proposed improvement that have been received by the executive branch from the Advisory Neighborhood Commission, property owners, or any other persons.
(d) This section shall not apply to a proposal that consists of:
(1) Rehabilitation, repair, or reconstruction of a street that is already being used as a public right-of-way for vehicles at the time of the proposal; or
(2) Widening, realignment, or extension by 10 feet or less of the pavement of a street that is already being used as a public right-of-way for vehicles at the time of the proposal.
§ 9–203.07. Improvement of streets — Rules.
(a) Within 6 months of May 10, 1988, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to govern the procedures and standards for acquiring and improving streets and alleys in the District of Columbia. These rules shall include the establishment of:
(1) Procedures by which notification and opportunity to comment shall be provided to the Advisory Neighborhood Commission within whose area the street or alley is located;
(2) Procedures by which notification and opportunity to comment shall be provided to each owner of property within the squares adjacent to the street to be acquired or improved and within the square in which an alley is to be acquired or improved; and
(3) Standards for making a determination that the acquisition or improvement of a street or alley would be in the public interest, for evaluating the comments received from the affected Advisory Neighborhood Commission and property owners within whose area the street or alley is located, and for assessing the criteria set forth in § 9-203.06(c)(2).
(b) This section shall not apply to a proposal that consists of:
(1) Rehabilitation, repair, or reconstruction of a street or alley that is already being used as a public right-of-way for vehicles at the time of the proposal; or
(2) Widening, realignment, or extension by 10 feet or less of the pavement of a street or alley that is already being used as a public right-of-way for vehicles at the time of the proposal.
§ 9–203.08. Submission of highway plan.
(a) Within 1 year of May 10, 1988, the Mayor shall submit a report to the Council on the highway plan for the District of Columbia.
(b) The report shall include:
(1) An updated list of each street that has been acquired but has not been improved and does not function as a public right-of-way for vehicles, including the location of the street, the date and method of approval of the street on the highway plan if applicable, and the date and method of acquisition of the street by the District;
(2) An updated list of each street on the highway plan that has not been acquired by the District, including the location of the street and the date and method of approval of the street on the highway plan; and
(3) A list of each unimproved acquired street and of each unacquired street on the highway plan determined by the Mayor to be no longer necessary for present or future street purposes, accompanied by proposed legislation and supporting documents to close these unimproved acquired streets and to remove these unacquired streets from the highway plan.
§ 9–203.09. Official street map; periodic publication; contents; availability.
(a) Within 2 years of May 10, 1988, and every 5 years thereafter, the Mayor shall publish an official street map that delineates each street and property square in the District of Columbia.
(b) This map shall distinguish between:
(1) Streets that have been improved, constructed, or paved;
(2) Streets that have been acquired but have not been improved, constructed, or paved; and
(3) Streets that are on the highway plan but have not been acquired and have not been improved, constructed, or paved.
(c) This map shall be available for review in every public library in the District and be available for sale by the District of Columbia Office of Documents.
Subchapter IV. Public Space Names and Commemorative Works.
Part A. Naming of Public Space.
§ 9–204.01. Scope of Council’s authority.
Any proposed designation or change of the name of any public space or commemorative work on public space in the District of Columbia shall require approval by the Mayor and the Council as follows:
(1) The Mayor may submit a resolution to the Council proposing a designation, change of name, or commemorative work for the Council’s approval.
(2) A Council member may introduce an act proposing a designation, change of name, or commemorative work.
(3) In accordance with paragraph (4) of this subsection, the Council may approve legislation submitted pursuant to paragraphs (1) or (2) of this subsection following a public hearing held by the Council and in accordance with the criteria set forth in this subchapter.
(4) For commemorative works, the criteria set forth in part B of this subchapter shall be met prior to Council approval.
(5) For an alley or street, or portion thereof, or other public space, the criteria set forth in part C of this subchapter shall be met before Council approval.
(6) Any designation or change of name of an alley or street, or portion thereof, or other public space made before October 8, 2016, shall not be affected by any of the D.C. Law 21-161 requirements.
(7) This title shall not apply to any street, alley, other public space, or commemorative work not under the jurisdiction of the District of Columbia.
§ 9–204.02. System of designations.
In naming any street or circle the following system shall be adhered to:
(1) The broad diagonal highways shall be designated as avenues, and shall be named after states and territories of the United States.
(2) Streets running north and south shall be designated with numbers consecutively in each direction from the meridian of the United States Capitol. Any street not in exact alignment with those streets to its north and south shall be given the same designation as the street which is most nearly in line with its alignment.
(3) Streets running east and west shall be designated with the letters of the alphabet until these letters are exhausted. Beyond this they shall have names of 1 syllable, then names of 2 and 3 syllables, all arranged in alphabetical order. Any street not in exact alignment with those streets to its east and west shall be given the same designation as the street most nearly in line with its alignment.
(4) Streets which do not form an essential part of the rectangular system of streets shall be designated as roads, drives, or places and shall be named after a prominent local feature in their vicinity, or by such other distinguishing designation as the Council may determine to be appropriate.
(5) Circles shall be named after distinguished persons who have been prominent in the service of this country.
§ 9–204.03. Alleys.
(a) An alley that does not provide the primary access to a residential or commercial property shall not be designated with an official name.
(b) The designation of an alley with an official name or symbolic name shall not constitute a change to its status as an alley, and shall not authorize the addition of any District services to the alley or structures abutting the alley.
(c) An official name of an alley shall conclude with the term "Alley" or "Court".
(d) For the purposes of this section, the naming of an alley shall apply to the passageway within a square, unless the Council specifically provides otherwise in legislation.
§ 9–204.03a. Symbolic names.
(a) The Council may designate a symbolic name for any an alley or street, or portion thereof, or other public space.
(b) A symbolic name shall not include any of the following terms: "Avenue", "Street", "Road", "Drive", "Place", "Circle", "Alley", or "Court".
(c) A symbolic name of an alley or street, or portion thereof, shall conclude with the term "Way" or "Plaza".
(d) For the purposes of this section, the naming of an alley shall apply to the passageway within a square, unless the Council specifically provides otherwise in legislation.
§ 9–204.04. Duplicative names prohibited.
No public space in the District of Columbia shall be given the same name as that given another public space in the District.
§ 9–204.05. Use of living persons’ names prohibited; use of deceased persons’ names restricted.
Except as provided in § 9-204.10, no public space in the District shall be named in honor of any living person, or in honor of any person who has been deceased less than 2 years, unless the deceased person was a President or Vice President of the United States, a United States Senator or Representative, a Mayor of the District of Columbia, or a member of the Council of the District of Columbia.
§ 9–204.06. Extent of name to be used; use on street signs. [Repealed]
Repealed.
§ 9–204.07. Submission of bill to involved advisory neighborhood commission. [Repealed]
Repealed.
§ 9–204.08. Proposal to name or rename to be submitted to affected property owners. [Repealed]
Repealed.
§ 9–204.09. Rights of certain boards preserved.
Nothing in this chapter shall prohibit the Board of Library Trustees or the Board of Trustees of the University of the District of Columbia from naming or renaming the public buildings or spaces under their respective jurisdictions.
§ 9–204.10. Naming of sponsored recreation facilities.
(a) Notwithstanding § 9-204.01, the Mayor may name in honor of a person a Department of Parks and Recreation athletic field that is adopted or sponsored pursuant to § 10-304; provided, that:
(1) The naming is detailed in an agreement between the Mayor and the entity adopting or sponsoring the field;
(2) The agreement requires the financial adoption or sponsorship of the field;
(3) The name is that of a current or former professional sports player who may be living or deceased less than 2 years; and
(4) The naming is not permanent.
(b) The District may display the logo of an entity sponsoring or adopting a field on signage at the field; provided, that the display of the logo be less prominent than the name of the person for whom the field is named, and that the display be consistent with the terms of the agreement required by subsection (a)(1) of this section.
Part B. Commemorative Works.
§ 9–204.11. Definitions.
For the purposes of this subchapter, the term:
(1)(A) “Commemorative work” means any statue, monument, sculpture, streetscape or landscape feature, including a garden or memorial grove, or other structure, which is located on public space and the primary purpose of which is to perpetuate in a permanent manner the memory of an individual, group, event, or other significant element of international, national, or local culture or history.
(B) “Commemorative work” does not mean any statue, monument, sculpture, streetscape or landscape feature, including a garden or memorial grove, or other structure, which is (i) located within the interior of a structure that is not itself a commemorative work; (ii) a structure that is used primarily for other purposes; or (iii) intended to be displayed for only a limited period of time that does not exceed one year.
(C) “Commemorative work” does not mean the naming of an existing public space, a plaque, or a wayside or wayfinding sign or commemorative feature incorporated within ordinary walkway paving.
(2)(A) “Public space” means any public street, alley, circle, bridge, building, park, other public place or property owned by or under the administrative control or jurisdiction of the District of Columbia.
(B) “Public space” does not include property that is both owned by the Federal government and under the administrative control or jurisdiction of the National Park Service, the General Services Administration, the Department of Defense, or other federal agency.
(3) “Sponsor” means a Federal or District agency, or an individual, group, or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of the Internal Revenue Code, and which is authorized by the Mayor and Council to establish a commemorative work on public space in the District of Columbia.
§ 9–204.12. Commemorative Works Committee.
(a) There is established a District of Columbia Commemorative Works Committee (“Committee”) to advise and recommend to the Mayor and the Council a disposition of each application to place a commemorative work on public space in the District of Columbia.
(b)(1) The Committee shall be composed of 9 voting members, 5 of whom shall be citizen members and 4 of whom shall be ex officio members.
(2) Two citizen members shall be appointed by the Mayor for a 3-year term.
(3) Three citizen members shall be appointed by the Chairman of the Council for a 3-year term.
(4) The following government officials, or their designated representatives, shall serve as the ex officio members:
(A) The Director of the Office of Planning, who shall serve as chairperson of the Committee;
(B) The Director of the Department of Parks and Recreation;
(C) The Chairperson of the Historic Preservation Review Board; and
(D) The Chairperson of the Commission on the Arts and Humanities.
(c) Each citizen member appointed to the Committee shall be a person who has displayed an active interest or ability in the visual arts, architecture, urban planning, civic design, or history.
(d) The Mayor shall establish rules and procedures for the administration of the Committee.
§ 9–204.13. Authority of the Committee.
(a) The Committee shall act in an advisory capacity to the Mayor and the Council to:
(1) Develop criteria to be used to review, evaluate, approve, or deny applications for placement of commemorative works on public space in the District;
(2) Review each application for placement of a commemorative work on public space in the District, by considering: the appropriateness of the location, subject matter, and design of the commemorative work, including the aesthetic, environmental, traffic and parking, and financial impacts of the proposal upon the surrounding community and the District; and the sufficiency of the sponsor to fund the construction and maintenance of the commemorative work;
(3) Refer each application for a commemorative work on public space in the District for review and comments by affected advisory neighborhood commissions, by affected District agencies and public utilities, by the Commission on Fine Arts if required by law, by the National Capital Planning Commission if required by law, and by the National Capital Memorial Commission; and
(4) Recommend to the Mayor and the Council a disposition of each application for placement of a commemorative work on public space in the District.
(b) The recommendations of the Committee shall not be inconsistent with:
(1) The Comprehensive Plan for the National Capital (10 DCMR);
(2) The District of Columbia Home Rule Act;
(3) The Zoning Regulations of the District of Columbia (11 DCMR); and
(4) The Public Space and Safety Regulations of the District of Columbia (24 DCMR).
§ 9–204.14. Applications for commemorative works.
(a) Any sponsor may propose the placement of a commemorative work on public space in the District. Any proposal for a commemorative work on public space in the District shall be accompanied by a completed application to the Office of Planning by a sponsor. Each application shall, at a minimum, include:
(1) A conceptual description of the proposed commemorative work;
(2) The proposed location of the commemorative work;
(3) For a commemoration of a person, the primary reason or reasoning that the person is proposed to be commemorated; and
(4) An explanation of how the commemorative work will be funded and maintained.
(b) The Office of Planning shall develop a procedure for receiving applications from a sponsor of a proposed commemorative work and transmitting the applications to the Committee.
(c) The Office of Planning shall accept from any member of the public recommendations for commemorative works to be considered for sponsorship by a District agency and shall share such recommendations with the Committee.
(d) If a District agency is the sponsor of a commemorative work, it shall consult with the Commission on the Arts and Humanities on conceptual design for the commemorative work before submitting an application.
§ 9–204.15. Guidelines for consideration of applications.
(a) Commemorative works on public space that are proposed for commemoration of local individuals, groups, events, or other significant elements of District of Columbia culture or history generally should be given priority over other commemorative works, especially when the subject is a member of a minority group who is a native Washingtonian or person who made Washington their home.
(b) Subjects to be memorialized by commemorative works on public space in the District should be of long-term historic importance and shall generally not be any living person, any deceased person who has been deceased less than 10 years, nor any event that has occurred within 10 years of the application for placement of the commemorative work on public space.
(c) In considering a proposed commemorative work on public space, the Mayor, the Council, and the Committee shall be guided by the following criteria, in addition to any other criteria set forth in this subchapter, and any other criteria not inconsistent with this subchapter developed by the Mayor and published in the D.C. Register:
(1) To the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to and compatible with the subject of the commemorative work.
(2) A commemorative work shall be situated in a manner that prevents interference with or encroachment upon any existing commemorative work, and that protects and enhances, to the maximum extent practicable, open space, existing public and private uses, and cultural and natural resources. Placement should be encouraged in those areas with limited access to public art.
(3) A commemorative work shall be constructed of durable material suitable to the outdoor environment, and any landscape features of a commemorative work shall be compatible with the climate.
(d) When the Committee recommends approval of a proposed commemorative work, the approval shall be accompanied by a statement of the primary reasoning for the commemoration.
§ 9–204.16. Easements for commemorative works.
Following approval of a commemorative work by the Mayor and the Council pursuant to § 9-204.01, the Mayor shall provide an easement to the sponsor of the commemorative work for the use of District public space for the purpose of constructing and maintaining the approved commemorative work. The term of the easement shall be for a maximum of 25 years and may be automatically renewable for successive 25 year terms in perpetuity unless cancelled in writing by the Mayor for good cause. The Mayor shall establish the rules for termination of an easement granted for a commemorative work. The Mayor shall require each sponsor of an approved commemorative work to provide for all of the financing necessary to develop, construct, and maintain the commemorative work. A sponsor of an approved commemorative work shall be financially responsible for the perpetual maintenance of the commemorative work.
§ 9–204.17. Issuance of permits.
Prior to issuing a permit for the construction of a commemorative work on public space in the District, the Mayor shall determine that:
(1) The sponsor, site, subject matter, and design of the proposed commemorative work have been approved by the Mayor and Council pursuant to § 9-204.01;
(2) The proposed commemorative work complies with requirements set forth in subchapter I of Chapter 11 of Title 6 and subchapter V of Chapter 1 of Subtitle A of Title 8;
(3) Knowledgeable persons qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the proposed commemorative work;
(4) The sponsor authorized to construct the commemorative work has submitted contract documents for the construction of the commemorative work to the Mayor; and
(5) The sponsor authorized to construct and maintain the commemorative work has sufficient funds to complete construction of the project and to provide for the ongoing maintenance of the commemorative work.
§ 9–204.18. Deposit for maintenance of commemorative work.
(a) In addition to the criteria set forth in § 9-204.17, no construction permit shall be issued unless the sponsor authorized to construct the commemorative work has donated either an amount that is equal to 10% of the total estimated cost of the construction or another amount determined by the Mayor to offset the costs of perpetual maintenance and preservation of the commemorative work.
(b) All proceeds received pursuant to subsection (a) of this section shall be deposited in a nonlapsing account of the District government and shall be available for the nonrecurring repair and maintenance of the sponsor’s commemorative work pursuant to the provisions of this section.
(c) The sponsor shall be required to submit to the Mayor an annual report of operations prior to and during construction of the commemorative work, including financial statements audited by an independent certified public accountant, paid for by the sponsor authorized to construct the commemorative work.
(d) The provisions of this section shall not apply to a commemorative work that is constructed by a Federal or District agency and where less than 50% of the funding for the construction is provided by private sources.
§ 9–204.19. Expiration of approval of commemorative work.
Approval of a commemorative work pursuant to § 9-204.01, and any easement granted pursuant to the approval, shall expire at the end of a 7-year period beginning on the effective date of the approval unless:
(1) The Mayor issues a construction permit for the commemorative work during that period; or
(2) Prior to the end of the 7-year period, the Mayor:
(A) Determines that all regulatory approvals other than the construction permit for the commemorative work have been obtained and not less than 75% of the amount estimated to be required to construct the commemorative work has been raised; and
(B) Submits a proposed resolution that is approved by the Council to extend the 7-year authority for the commemorative work for a period not to exceed 3 years, at the end of which period the approval shall expire if a construction permit has not been issued for the commemorative work.
Part C. Streets, alleys, and other public spaces.
§ 9–204.21. Designation of official names of streets and alleys.
(a) Any designation of an alley or street, or portion thereof, with an official name shall meet the requirements of §§ 9-204.02 and 9-204.03, as well as the requirements of this section.
(b) At least 15 days[] before the date of a Council hearing to consider legislation to designate the official name of an alley or street, or portion thereof, the initiator of the proposal to designate the official name of an alley or street, or portion thereof, shall:
(1) Give written notice of the date, time, and location of the Council hearing to each owner of property and household occupying property that abuts the alley or street, or portion thereof, proposed to be designated with an official name; and
(2) Post signs that indicate the date, time, and location of the Council hearing at each intersection with any other alley or street of the portion of the alley or street proposed to be designated.
(c) The Mayor shall make available the signs to be posted pursuant to subsection (b)(2) of this section.
(d) At least 30 days before the date of a Council hearing to consider legislation to designate the official name of an alley or street, or portion thereof, the initiator of the proposal to designate the official name of an alley or street, or portion thereof, shall submit a copy of the proposed legislation for review and comment to each Advisory Neighborhood Commission in which the portion of the alley or street to be designated is located.
(e) The initiator of a proposal to designate the official name of an alley or street, or portion thereof, shall certify to the Council that the notice required by subsection (b) of this section has been given. A post-office receipt of proof of mailing of the notice to each resident's or property owner's last known address and a photograph of each posted sign shall be sufficient proof that the required notice was given.
(f)(1) At least 5 days before the date of a Council hearing to consider legislation to designate an official name for an alley or street, or portion thereof, the initiator of the proposal to designate the official name of an alley or street, or portion thereof, shall submit to the Council letters or a petition in support of the proposal that have been signed by a majority of the households occupying property that abuts the portion of the alley or street proposed to be designated with an official name.
(2) Such petition shall include a list of each postal address on the alley or street, or portion thereof, to be designated with an official name, and the postal address of each household in support of the proposal (signed by a representative of the household).
(g) Before consideration by the Council, including a vote by a committee of the Council, of a bill to designate an official name for an alley or street, or portion thereof, the Mayor shall provide the Council with a surveyor's plat showing:
(1) The alley or street, or portion thereof, to be designated;
(2) The square or squares in which the portion of the alley or street to be designated is located and any adjacent squares; and
(3) The recorded lots in the square or squares depicted.
(h) The Mayor may establish, by rulemaking, fees to be paid by the initiator of a proposal to designate an official name of an alley or street, or portion thereof, to recoup costs associated with satisfying the requirements of this section, including obtaining consideration of the proposal by the Council and implementation of the proposal by the Mayor; provided, that fees shall not be assessed pursuant to this subsection on an initiator that is a governmental entity, including an Advisory Neighborhood Commission.
(i) If there is no initiator within the meaning of § 9-201.01(4A), the Mayor shall discharge the responsibilities of the initiator set forth in this section; provided, that the requirements of subsection (f) of this section shall not apply and no fee shall be assessed pursuant to subsection (h) of this section.
(j) The requirements of subsections (b) through (e) of this section shall be waived if a resolution in support of the proposed designation is adopted by each Advisory Neighborhood Commission in which the street, alley, or portion thereof, is located.
§ 9–204.22. Designation of official names for other public spaces.
(a) At least 30 days before the date of a Council hearing to consider legislation to designate an official name for a public space other than an alley or street, or portion thereof, the initiator of the proposal to designate the official name of the public space shall submit a copy of the legislation for review and comment to each Advisory Neighborhood Commission in which the public space is located.
(b) Before the date of a Council hearing to consider legislation to designate an official name for a public space other than an alley or street, or portion thereof, the Mayor shall provide the Council with comments on the proposed designation submitted by any District agency with jurisdiction over the public space to be designated.
(c) Before consideration by the Council, including a vote of a committee of the Council, of a bill to designate an official name for a public space other than an alley or street, or portion thereof, the Mayor shall provide the Council with a surveyor's plat showing:
(1) The public space to be designated; and
(2) The square or squares in which the public space is located and any adjacent squares.
(3) Repealed.
(d) The Mayor may establish, by rulemaking, fees to be paid by the initiator of a proposal to designate an official name of a public space to recoup costs associated with satisfying the requirements of this section, including obtaining consideration of the proposal by the Council and implementation of the proposal by the Mayor; provided, that fees shall not be assessed pursuant to this subsection on an initiator that is a governmental entity, including an Advisory Neighborhood Commission.
(e) If there is no initiator within the meaning of § 9-201.01(4A), the Mayor shall discharge the responsibilities of the initiator set forth in this section; provided, that no fee shall be assessed pursuant to subsection (d) of this section.
§ 9–204.23. Designation of symbolic names for public spaces, streets, and alleys.
(a) Any designation of an alley or street, or portion thereof, with a symbolic name shall meet the requirements of § 9-204.03a.
(b) Before the date of a Council hearing to consider legislation to designate a symbolic name for an alley or street, or portion thereof, or other public space, the Council shall provide notice of the hearing to each Advisory Neighborhood Commission in which the portion of the alley or street or other public space to be designated is located.
(c) If there is no initiator within the meaning of § 9-201.01(4A), the Mayor shall discharge the responsibilities of the initiator set forth in this section.
§ 9–204.24. Implementation of public space, street, and alley names.
(a) Following the effective date of an act to designate the official name of an alley or street, or portion thereof, the Mayor shall:
(1) Update relevant records of the District of Columbia to reflect the official name of an alley or street, or portion thereof, including:
(A) Fire and Emergency Medical Services Department records;
(B) Homeland Security and Emergency Management Agency records;
(B-i) District Department of Transportation and Office of the Chief Technology Officer records;
(C) District of Columbia maps; and
(D) Any other record of the District of Columbia used for way-finding or address purposes;
(2) Notify the United States Postal Service, other relevant government agencies as determined by the Mayor, and relevant private sector entities as determined by the Mayor, of the official name of the alley or street, or portion thereof; and
(3) Install signage indicating the official name of the alley or street, or portion thereof, using procedures established by the District Department of Transportation, and remove any signs with a previous name; provided, that at least one sign bearing the previous name of the alley or street, or portion thereof, shall be transferred to the Archives of the District of Columbia.
(b) Following the effective date of an act to designate an official name of a public space other than an alley or street, or portion thereof, the Mayor may install signage denoting the public space name. The signage shall conform to the policies of the agency with jurisdiction over the public space.
(c) Following the effective date of an act to designate an official name of an alley or street, or portion thereof, or other public space, the Surveyor of the District of Columbia shall record a copy of the act and the Surveyor's plat in the Office of the Surveyor.
(d)(1) When legislation to designate a symbolic name for an alley or street, or portion thereof, or other public space becomes effective, the Mayor may install signage denoting the area of the designation.
(2) The design used for signage for a symbolic name of an alley or street, or portion thereof, including any replacement signage, shall be uniform and distinct from the design used for signage for official names, except for those signs installed before October 8, 2016.
Subchapter V. [Reserved].
§ 9–205.01. [Reserved].
Subchapter VI. Miscellaneous Provisions.
§ 9–206.01. Validity of condemnations or closings pursuant to repealed law not affected.
The validity of any condemnation proceeding or any street or alley closing pursuant to any section of law repealed by this act shall not be affected by its repeal.
§ 9–206.02. Authority to issue rules.
The Mayor may issue rules necessary to implement and enforce this chapter.
§ 9–221.01. Closings authorized; disposition of property [Repealed]
Repealed.
§ 9–221.02. Proposed closing of public way — notice, hearing [Repealed]
Repealed.
§ 9–221.03. Plans [Repealed]
Repealed.
§ 9–221.04. Order; recordation [Repealed]
Repealed.
§ 9–221.05. In rem proceeding — instituted upon objection to order [Repealed]
Repealed.
§ 9–221.06. Damages; assessment of benefits [Repealed]
Repealed.
§ 9–221.07. Abandonment [Repealed]
Repealed.
§ 9–221.08. Petition by property owners for closing [Repealed]
Repealed.
§ 9–221.09. Prior laws to remain in force [Repealed]