2016 District of Columbia Code
Title 48 - Foods and Drugs. §§ 48-101 - 48-1213
Chapter 4 - Food Production and Urban Gardens Program. §§ 48-401 - 48-403
§ 48–402.01. Urban Farming Land Leasing Initiative.

(a)(1) By February 1, 2015, the Mayor shall identify at least 25 District-owned vacant lots for potential use for urban farming.

(2) These lots shall:

(A) Be a minimum of 2,500 square feet; and

(B) Have no pending agreements for development or sale.

(b) By February 1, 2015, the Mayor shall establish a land leasing initiative whereby qualified District applicants will be selected to develop certain District-owned vacant lots identified in subsection (a) of this section for urban farming, pursuant to a lease agreement with the District.

(c) All lease agreements entered into pursuant to subsection (b) of this section shall be for a term of at least 3 years.

(d) In order to be considered for the land leasing initiative established pursuant to subsection (b) of this section, an applicant shall:

(1) Be a resident of the District for at least one year before application;

(2) Have at least one year of experience in agricultural production, as the sole farmer, an employee, a volunteer, or a significant partner of a farmer;

(3) Not be ineligible for a license or permit pursuant to § 47-2862; and

(4) Have no outstanding violations of District law or regulations on property owned by the applicant.

(e) A lease agreement pursuant to subsection (b) of this section with an urban farm may permit the sale of the urban farm's products of urban agriculture on or off the leased land.

(f) Property leased pursuant to subsection (b) of this section shall be exempt from real property taxation and possessory interest taxation.

(g) Before the sale or consumption of food grown on property leased pursuant to subsection (b) of this section, the soil shall be tested for contamination.

(h) By February 1st of each year, the Mayor shall submit an annual report to the Council on the status of the land leasing initiative pursuant to this section which shall include, at a minimum:

(1) The number of active urban farms;

(2) The names of the participants in the land leasing initiative;

(3) Any educational or community programming or events hosted on the leased lots during the preceding calendar year; and

(4) The amount of produce harvested by the participants during the preceding calendar year.

(Feb. 28, 1987, D.C. Law 6-210, § 3a; as added Apr. 30, 2015, D.C. Law 20-248, § 101(c), 62 DCR 1504.)

Section 301 of D.C. Law 20-248 provided that nothing in the act shall be construed to create a governmental liability or cause of action against the District related to the safety of food purchased on District lands by non-governmental entities.

Applicability of D.C. Law 20-248: Section 6183 of D.C. Law 21-36 removed the funding requirement and other applicability restrictions in D.C. Law 20-248, § 302, as enacted.