2022 District of Columbia Code
Title 6 - Housing and Building Restrictions and Regulations
Chapter 11 - Historic Landmark and Historic District Protection
Subchapter I - General Provisions
§ 6–1108. Application for preliminary review

(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, in accordance with this subsection and § 6-1108.03, 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.

(a-1) The Mayor shall place notice of applications for preliminary review that will be submitted to the Historic Preservation Review Board or the Commission on Fine Arts for a public hearing on the website for the Historic Preservation Office.

(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, in accordance with this subsection and § 6-1108.03, 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.

(b-1) The Mayor shall place notice of applications for conceptual review that will be submitted to the Historic Preservation Review Board or the Commission of Fine Arts for a public hearing on the website for the Historic Preservation Office.

(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; Apr. 30, 2015, D.C. Law 20-249, § 2(e), 62 DCR 1512.)

1981 Ed., § 5-1008.

1973 Ed., § 5-828.

D.C. Law 16-185 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

The 2015 amendment by D.C. Law 20-249 would have added “in accordance with this subsection and § 6-1108.03” in (a) and (b); and would have added (a-1) and (b-1).

Section 7005 of D.C. Law 21-160 repealed § 3 of D.C. Law 20-249. Therefore the changes made to this section by D.C. Law 20-249 have been given effect.

Applicability of D.C. Law 20-249: § 3 of D.C. Law 20-249 provided that the change made to this section by § 2(e) of D.C. Law 20-249 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

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.