4312.1 Violations of any of the following provisions shall be a Class 1 infraction:

1. (a) Excavating without a public space permit (24 DCMR § 101.1);
2. (b) Failure to complete restoration by permit expiration (24 DCMR § 3404.3);
3. (c) Trench length over one thousand two hundred (1,200) linear feet (24 DCMR § 3404.6);
4. (d) Non-compliance with a repair notice to make safe (24 DCMR § 3404.7);
5. (e) Non-compliance with a three (3)-day corrective repair notice (24 DCMR § 3404.8);
6. (f) Failure to notify the Director of an abandonment of underground facilities (24 DCMR § 3405.6);
7. (g) Cutting a curb or constructing a driveway without a public space permit (24 DCMR § 101.9);
8. (h) Failure to secure an excavation permit following an emergency excavation (24 DCMR § 3403.9);
9. (i) Improper trimming of a trench as required by § 202.03 of the Standard Specifications for Highways and Structures (24 DCMR § 3403.7);
10. (j) Installing a lay-by without a public space permit (24 DCMR § 1201.3(a));
11. (k) Failure to obey a stop work order (24 DCMR § 3405.7);
12. (l) Failure to replace affected crosswalk or bicycle lane markings with temporary pavement markings within twenty-four (24) hours (24 DCMR § 3404.11);
13. (m) Failure to replace temporary crosswalk or bicycle lane markings with permanent markings immediately upon the completion of a permanent repair (24 DCMR § 3404.12);

4312.2 Violations of any of the following provisions shall be a Class 2 infraction:

(a) Failure to properly saw cut hard surfacing of roadway prior to excavation as required by § 202.03 of the Standard Specifications for Highways and

Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(b) Failure to properly backfill and restore excavation in the roadway as required by § 203 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(c) Failure to properly install or maintain a steel protective plate as required by § 612.19 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7);

(d) Paving or repaving a sidewalk without a public space permit (24 DCMR § 104.8);

(e) Changing the grade of the public parking without a public space permit (24 DCMR § 104.1);

(f) Failure to obtain authorization to cut tree roots larger than two (2) inches in diameter as required by § 207.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(g) Trenching through tree roots as prohibited by § 207.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(h) Failure to provide and maintain tree protection as required by § 608.07 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

4312.3 Violations of any of the following provisions shall be a Class 3 infraction:

(a) Excavating without providing proper public notice (24 DCMR § 3402.1);

(b) Failure to notify the Director of the commencement or completion of excavation (24 DCMR § 3403.4);

(c) Failure to comply with DDOT Standard Specifications for Highways and Structures not otherwise enumerated in this chapter (24 DCMR § 3404.7);

(d) Failure to comply with applicable laws, rules, and regulations not otherwise enumerated in this chapter (24 DCMR § 3403.8);

(e) Restoration without providing notice to the Director (24 DCMR § 3404.5);

(f) Unauthorized removal of a stop work order (24 DCMR § 3405.7);

(g) Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle path or placed at an intersection or within seventy-five (75) feet of a traffic signal, stop sign, or stop line, as required by § 612.19 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(h) Improper site protection as required by § 604.05 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(i) Violation of permit conditions (24 DCMR § 3403.10);

(j) Improper housekeeping as required by § 202 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

(k) Failure to properly backfill a tree space as required by § 203.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7);

4312.4 [RESERVED]

4312.5 [RESERVED]

SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023).