D.C. Mun. Regs. tit. 11-D, § 5202
Special Exception Criteria for Tree Protection
Effective Aug 25, 202370 DCR 011297Authority: § 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797), as amended; D.C. Official Code § 6-641.01 (2018 Repl.), and pursuant to § 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2 505(c) (2016 Repl.)). Source: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).District of Columbia, Office of the Secretary
5202.1 Relief from the tree and slope protection requirements of Subtitle C, Chapter 4 may be permitted if approved by the Board of Zoning Adjustment as a special exception pursuant to Subtitle X, Chapter 9, and subject to the following requirements:
- (a) Tree removal, grading, and topographical change shall be limited to the maximum extent possible, consistent with construction of a building permitted by the standards of this section;
- (b) The applicant shall demonstrate that there are specific physical characteristics of the lot that justify the exception;
- (c) The building and overall site plat of the lot for which the special exception is sought shall be generally consistent with the purpose of the R-1A/CBUT, R-1A/FH, R-1A/TS, R 1A/TS/NO, R-1B/FH, R-1B/TS, and R-2/FH zones and will not adversely affect neighboring property; and
- (d) The Board of Zoning Adjustment may impose requirements as to design, appearance, tree protection practices during construction, buffering, and other requirements as it deems necessary to achieve the purposes of this section and may vary side and rear yard requirements in order to achieve the purposes of this section.
5202.2 Before taking action on an application, the Board of Zoning Adjustment shall submit the application to the following agencies for review and written reports:
- (e) Office of Planning;
- (f) District Department of Transportation, Urban Forestry Division;
- (g) Department of Parks and Recreation;
- (h) Department of Energy and Environment, Watershed Protection Division, Technical Services Branch; and
- (i) National Park Service, U.S. Department of the Interior.
5202.3 An applicant for a special exception shall submit at least the following materials:
- (j) A site plan for development, including computation and illustration of total lot occupancy and impervious surface ratio, and regulated trees proposed to Zoning Regulations of 2016: Residential House (R) Zones
be removed; and
(k) A plan and statement indicating how trees to be preserved on the lot will be protected during the construction period, including reference to proposed procedures to guard against long-term damage by such factors as soil compaction.
SOURCE: Final Rulemaking published at 63 DCR 2447, 2834 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 70 DCR 011297 (August 25, 2023).