District of Columbia Agencies:
- Zoning Commission, consisting of three mayoral appointees who are
residents of the District of Columbia, a representative of the National
Park Service, and a representative of the Architect of the Capitol.
The Commission acts as the legislative or rulemaking body in adopting
amendments to the Zoning Regulations and Zoning Map. It also holds
quasi-judicial or "contested case" proceedings relating to Planned
Unit Developments (PUDs), special exception approval of college and
university campus plans and uses, airspace development, and certain
Zoning Map amendments.
- Board of Zoning Adjustment (BZA), a quasi-judicial board, consisting
of three mayoral appointees who are residents of the District of Columbia,
a rotating member from the Zoning Commission, and a representative
from the National Capital Planning Commission. The BZA reviews requests
for special exceptions and variances, as well as appeals from decisions
made by District of Columbia agencies interpreting or applying the
Zoning Regulations. It also hears appeals involving civil infractions
(violations) of the Zoning Regulations.11
The Foreign Missions - Board of Zoning Adjustment (FM-BZA), a specially
constituted panel consisting of the BZA’s three mayoral appointees,
the Director of the National Park Service or his or her designee,
and the executive director of the National Capital Planning Commission,
follows rulemaking procedures in reviewing applications relating to
the location of chanceries (foreign mission offices).
- Office of Zoning (OZ), the administrative arm of the Zoning Commission
and BZA. The Office of Zoning provides the public with information
about the zoning; processes applications and appeals; and certifies
the correct zoning designation of properties.
- Office of Planning (OP), the central planning agency for the District
of Columbia. OP prepares zoning text and map amendments for submission
to the Zoning Commission to bring the regulations and map into conformity
with the Comprehensive Plan. OP reviews each Commission and BZA application,
and provides the Commission and BZA with advice and recommendations.
The Commission and BZA are required by statute to give OP recommendations
"great weight." OP also coordinates the "large tract review process,"
governmental review of certain large scale, matter-of-right development
projects.12 OP includes the Historic
Preservation Division, which serves as staff to the Mayor’s Agent,
the Historic Preservation Review Board, and the State Historic Preservation
Officer.13
- The Zoning Administrator and the Zoning Review Division, District
of Columbia Department of Consumer and Regulatory Affairs (DCRA),
administer and enforce the Zoning Regulations by reviewing and approving
applications for subdivision of land, building permits, and certificates
of occupancy. The Zoning Administrator also enforces all Zoning Commission
and BZA orders.
- Office of the Surveyor, in the District of Columbia Department
of Consumer and Regulatory Affairs maintains the legal records of
all plats and subdivisions of private and District-owned property
in the District of Columbia.
- Office of Tax and Revenue, maintains information on real property
values, tax assessments, and other real property information.
- Other District of Columbia Agencies. The District of Columbia Office of Planning coordinates review and comments from other District agencies as required or appropriate, including the Departments of Transportation, Public Works, Corrections, Parks and Recreation, Human Services, Health, Housing and Community Development; the Office on Aging; the Board of Education; and the Historic Preservation Division and the agencies it serves. The Office of the Corporation Counsel provides legal advice to the various District agencies, and represents them in court.
- National Capital Planning Commission (NCPC), the central planning
agency for the federal government. It provides overall planning guidance
for federal land and buildings in the National Capital Region, which
includes the District of Columbia; the City of Alexandria; Prince
George’s and Montgomery Counties in Maryland; Arlington, Fairfax,
Prince William, and Loudoun Counties in Virginia; and the cities and
towns within these counties. NCPC reviews proposed District of Columbia
zoning regulation and zoning map amendments to determine if they would
adversely affect federal interests or be inconsistent with the Federal
Elements of the Comprehensive Plan for the National Capital. In addition,
NCPC reviews special exception and variance applications in the Naval
Observatory Precinct Overlay District, proposed Planned Unit Development
(PUD) projects, and amendments to the District Elements of the Comprehensive
Plan for the National Capital.14
- Office of Foreign Missions of the United States Department of State
participates in proceedings before the National Capital Planning Commission,
the Zoning Commission, and the Foreign Missions Act - Board of Zoning
Adjustment relating to the location of chanceries in the District
of Columbia.
- The Architect of the Capitol is responsible for the upkeep and
maintenance of the United States Capitol Complex, and reviews zoning
applications involving the Capitol Interest Overlay District.
- United States Commission of Fine Arts (CFA) and the Old Georgetown Board (OGB). The CFA is a seven-member body appointed by the United States President. It makes recommendations to the Mayor relating to building height and the appearance, color, and texture of exterior materials for building permit applications where the building would front on the Capitol grounds, the White House grounds, the portion of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the National Zoo, the Rock Creek and Potomac Parkway, Potomac Park, and the Mall Park system, and public buildings adjacent thereto or abutting upon any street bordering those grounds or parks.15 The OGB, comprised of three architects appointed by the CFA, reviews plans for the construction, alteration, reconstruction, or razing of any building in the Old Georgetown Historic District.16
- D.C. Code § 2-1803.01 (2001).
- D.C. Code §§ 1-301.62 to 1-301.67, 6-623.04 (2001).
- The Mayor’s Agent for the Historic Landmark and Historic District Protection Act of 1978 is the official within the Department of Consumer and Regulatory Affairs charged with making decisions on applications to demolish or alter an historic landmark or a building or structure in a historic district; to subdivide an historic landmark or a property in a historic district; or to construct a new building or structure in an historic district or on the site of an historic landmark. The Historic Preservation Review Board maintains the official inventory of historic landmarks and historic districts in the District of Columbia and has authority to designate new landmarks or districts. The Board also reviews subdivision and permit applications affecting regulated properties and makes recommendations to the Mayor’s Agent about whether to grant or deny applications. The State Historic Preservation Officer is the person designated by the Mayor to administer the National Register Program established within the District of Columbia pursuant to the National Historic Preservation Act, 16 U.S.C. §§ 470 to 470x-6.
- D.C. Code §§ 2-1001 to 2-1011 (2001).
- D.C. Code § 6-611.01 (2001).
- D.C. Code § 6-1202 (2001).
Revised and updated in 2002 by Marie Sansone, Assistant Corporation Counsel in the District of Columbia Office of the Corporation Counsel. The views expressed herein are her own personal views and do not reflect official statements or policies of the Office of the Corporation Counsel. Original chapter by Andrea C. Ferster© 1996. Ferster is an attorney in Washington, D.C., whose practice concentrates on land use, zoning, and historic preservation.
