D.C. Mun. Regs. tit. 10-A, § 818
818.1 Functional open space refers to undeveloped land used for purposes other than parks and conservation. Such space comprises hundreds of acres of public and private land in the District, including sites that are valued for their large trees, scenic vistas, and natural beauty. Some of these sites are regarded as public amenities, with features like hiking trails, lawns for picnics, and other forms of recreation. Such spaces are particularly important in neighborhoods like Brookland, where conventional parks are in short supply. There and elsewhere in the District, the grounds of seminaries, hospitals, and cemeteries are informally serving some of the functions usually associated with a neighborhood park.
818.2 Retaining public access to these assets is important to the well-being of surrounding neighborhoods. Even where public access is not possible, the role of these spaces in improving the physical environment and shaping the visual quality of District neighborhoods should be acknowledged.
Encourage local institutions—such as private and parochial schools, colleges and universities, seminaries, hospitals, and churches and cemeteries—to allow the cooperative use of their open space lands for the benefit of District residents. Explore funding and insurance mechanisms that would incentivize and preserve local institutions that choose to provide cooperative use. Ensure that cooperative uses recognize and respect institution missions and operations.
Recognize the value of undeveloped land associated with utilities, reservoirs, and other infrastructure facilities in providing visual buffers for adjacent neighborhoods and opportunities for recreational trails.
Enhance the visual and open space qualities of Washington, DC’s streets and highways through the landscaping of medians, traffic islands, and rights-of-way. If sufficient right-of-way is available, consider use of these spaces for active recreation.
Where compatible with adjacent land uses, support the use of land under or adjacent to freeways or other limited-access roadways for passive open space, public art, or other uses that enhance the usefulness and appearance of such land.
Consider the development of podium-type open spaces and parks in the air rights
over below-grade freeways and urban federal highways, including I-395 through Downtown Washington, DC, the Southeast-Southwest Freeway near Capitol Hill, and the underpasses of North Capitol Street.
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)).