D.C. Mun. Regs. tit. 24, r. 24-1402

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-1402 - REFERRALS TO THE NATIONAL CAPITAL PLANNING COMMISSION, THE HISTORIC PRESERVATION REVIEW BOARD, AND THE AFFECTED ADVISORY NEIGHBORHOOD COMMISSION

1402.1

The Director shall refer, for appropriate comments, an application to close any street located on the L'Enfant Street Plan to the Historic Preservation Review Board established pursuant to § 4 of the Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law 2-144, D.C. Code, 1981).

1402.2

Except as provided in §§ 1402.3, 1402.4 and 1402.5, the Director shall refer, for appropriate comments, all applications to close a street or alley to the National Capital Planning Commission (hereinafter referred to as "NCPC").

1402.3

The application shall not be referred to the NCPC when the application is to close an alley or any part thereof, is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of every owner of property abutting the entire alley to be closed, and when any one of the following conditions is satisfied:

(a) The width of the alley to be closed is ten feet (10 ft.) or less; or

(b) Real property is to be dedicated to the District for any alley to serve a similar purpose as did the alley which is to be closed.

1402.4

The application shall not be referred to the NCPC when the application is to close an alley or any part thereof and satisfies the following conditions:

(a) The application is accompanied by a written statement, in a format approved by the Director, which is in support of the application and which contains the signature of the owners of two-thirds (2/3) or more of the property in the square;

(b) The alley is located entirely within the two-thirds (2/3) of the square owned by the individuals who signed the statement pursuant to § 1402.4(a); and

(c) The persons who signed the statement pursuant to § 1402.4(a) propose to develop the entire area of the square which they own.

1402.5

The application shall not be referred to the NCPC when the District or the United States applies to close an alley or any part thereof where the District or the United States holds title to all of the property abutting the entire alley.

1402.6

The Director shall refer all applications, that were filed with the Office of the Surveyor on or after May 10, 1988, to the Advisory Neighborhood Commission in whose area the street or alley to be closed is located and provide the Council of the District of Columbia with a copy of any comments received from the affected Advisory Neighborhood Commission.

D.C. Mun. Regs. tit. 24, r. 24-1402

Final Rulemaking published at 31 DCR 560, 563 (February 10, 1984); as amended by Final Rulemaking published at 36 DCR 5122, 5125 (July 21, 1989)