D.C. Mun. Regs. tit. 10-A, § 1014
1014.1 Historic properties have generated record levels of rehabilitation and construction activity in Washington, DC in recent years, and this trend is expected to continue. Whether these projects are modest home improvements reviewed by HPO as a day-to-day customer service, major development projects involving extensive HPRB review, requests to certify work for tax credits, or monumental new federal buildings, all involve the application of similar preservation and design principles. These principles recognize that historic environments need to grow and evolve as cities constantly change. They also recognize that solutions need to be practical and affordable, and the review process responsive and efficient. At the same time, more work needs to be done to ensure that these requirements do not unduly burden property owners, especially resident homeowners. Better access to more specific design guidelines for common home alterations, identifying a range of appropriate treatments, would improve the management of this process.
1014.2 The District's historic preservation law is the basis for review of most preservation projects. The key purposes of the law are to retain and enhance historic properties, and to encourage their adaptation for current use. It encourages the restoration of historic landmarks and protection of designated archaeological sites. It also establishes that the test for alterations, additions, and new construction in historic districts is compatibility with the character of the district.
1014.3 The HPRB conducts the design review of most major projects involving historic properties, with some exceptions. The CFA reviews most projects in certain areas fronting on federal properties and in Georgetown, with the assistance of its Old Georgetown Board. There is also a different procedure under the Foreign Missions Act for some embassy projects.
1014.4 The Section 106 process governs the review of federal projects not subject to the District's preservation law. For major projects, sponsoring agencies must consult with the SHPO, interested parties, and the public. Such consultations often involve the CFA, NCPC, NPS, and ACHP.
1014.5 District and federal preservation standards guide rehabilitation and architectural design based on the premise of compatibility with the historic context. Compatibility does not require matching or copying the attributes of historic buildings, but rather means that additions and new construction should achieve harmony with the historic surroundings through basic good design and close attention to the characteristics and design principles of the historic environment. Good contemporary architecture can fit within this context; in fact, it is necessary in an evolving and dynamic District and is welcomed as an expression of
contemporary times.
1014.6 Compatibility with the historic environment also means that new construction should be suited to the fundamental character and the relative importance of a wide range of historic buildings and environments. Fine-grained historic environments like a residential street call for design restraint at a uniform scale, while historic commercial and industrial environments can often sustain stronger design statements and more striking juxtapositions of scale.
Promote appropriate preservation of historic buildings through an effective design review process. Apply design guidelines without stifling creativity, and strive for an appropriate balance between restoration and adaptation as suitable for the particular historic environment.
Maintain historic properties in their original use when possible. If this is no longer feasible, encourage appropriate adaptive uses consistent with the character of the property. Recognize the value and necessary function of special-purpose structures, such as utility buildings, and allow structural modifications and other alterations compatible with historic character when needed for the property to continue functioning in its original use.
Preserve the important historic features of the District while permitting compatible new infill development. Within historic districts, respect the established form of development as evidenced by lot coverage limitations, height limits, open space requirements, and other standards that contribute to the character and attractiveness of those areas. Ensure that new construction, building additions, and exterior changes are in scale with and respect their historic context through sensitive siting and design, and the appropriate use of materials and architectural detail.
Apply design standards in a manner that accounts for different levels of historic significance and types of historic environments. Encourage restoration of historic landmarks while allowing enhancements of equivalent design quality, provided such enhancements do not damage the landmark. Exercise greater restraint in residential historic districts and areas with a clear prevailing development pattern or architectural style. Allow greater flexibility where the inherent character of historic properties can accommodate greater intervention or more dramatic new design, such as non-residential zones and areas without a significant design pattern.
1014.11 Policy HP-2.5.5: Protecting Historic Building Integrity Protect historic buildings from demolition whenever possible and protect the integrity of whole buildings. Discourage treatments like facadism or relocation of historic buildings, allowing them only when no alternative for preservation is feasible, and only after a finding that the treatment is necessary in the public interest. Waivers or administrative flexibility should be provided in the application of building and related codes to permit maximum preservation and protection of historic resources while ensuring the health and safety of the public.1014.12 Policy HP-2.5.6: Review Process for Local Projects Maintain a fair and efficient preservation review process that handles applications according to clearly established procedures and timelines, consistent with applicable public notice requirements, laws, and regulations. Apply historic preservation standards and guidelines consistently, thoughtfully, and appropriately to the circumstances and practical constraints of specific situations.1014.13 Policy HP-2.5.7: Reconciliation of Multiple Public Goals Use the Mayor's agent's public hearing process to reconcile preservation concerns and other public goals when necessary. Apply the legal standards for consistently and appropriately determining what is necessary in the public interest to the circumstances of the specific situation based on conclusions supported by the hearing record. Clearly record any applicant commitments and conditions of approval in an official written order.1014.14 Policy HP-2.5.8: Review Process for Federal Projects Work cooperatively with federal agencies and consulting parties in the Section 106 process to ensure that federal construction is compatible with the qualities and character of historic buildings and their settings, in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for Rehabilitating Historic Buildings.1014.15 Action HP-2.5.A: Conceptual Design Review Process Sustain and improve the conceptual design review process as the most effective and most widely used means to promote good preservation and compatible design. Support this process by committing sufficient resources and appointing highly qualified professionals to the HPRB. Enhance public participation and transparency in the process through increased use of electronic means to provide public notice, process applications, and post documents for public review.1014.16 Action HP-2.5.B: Design Standards and Guidelines Expand the development of design standards and guidelines for the treatment and alteration of historic properties, and for the design of new buildings subject to preservation design review. These tools should address appropriate treatment of characteristics specific to particular historic districts. Disseminate these tools
widely and make them available on the internet.
Work cooperatively with federal agencies to ensure that federal projects do not detract from the character of historic properties that are significant to the District and are compatible with the surrounding context. When appropriate, involve the HPRB for its expert advice and as a forum for public comment.
Analyze common barriers to accessibility in older homes, and develop guidelines on how older adults can modify such homes in ways that are compatible with their historic character while making them visitable and safer to live in.
SOURCE: District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 31 DCR 1049 (March 9, 1984)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-187; 32 DCR 873 (February 15, 1985)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989, effective May 23, 1990 (D.C. Law 8-129; 37 DCR 55 (January 5, 1990)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, effective May 23, 1990 (D.C. Law 8-132; 37 DCR 2213 (April 6, 1990)); as amended by District Government Land Use Temporary Amendment Act of 1994, effective October 1, 1994 (D.C. Law 10-190; 41 DCR 5360 (August 12, 1994)); as amended by Comprehensive Plan Amendments Act of 1994, effective October 6, 1994 (D.C. Law 10-193; 41 DCR 5536 (August 19, 1994)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994, effective March 21, 1995 (D.C. Law 10-235; 42 DCR 30 (January 6, 1995)); as amended by Technical Amendments Act of 1996, effective April 18, 1996 (D.C. Law 11-110; 43 DCR 530 (February 9, 1996)); as amended by Second Technical Amendments Act of 1996, effective April 9, 1997 (D.C. Law 11-255; 44 DCR 1271 (March 7, 1997)); as amended by Comprehensive Plan Amendment Act of 1998, effective April 27, 1999 (D.C. Law 12-275; 46 DCR 1441 (February 19, 1999)); as amended by Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)); as amended by Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300; 54 DCR 924 (February 2, 2007)); as amended by Technical Amendments Act of 2008, effective March 25, 2009 (D.C. Law 17-353; 56 DCR 1117 (February 6, 2009)); as amended by Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361; 58 DCR 908 (February 4, 2011)); as amended by Comprehensive Plan Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 006918 (July 16, 2021)).