3112 COVENANTS AND AGREEMENTS

3112.1 The owner of each lot and parcel on which substantial improvement or new construction of a residential, mixed-use, or nonresidential structure is located wholly or partially inside a flood hazard area shall record with the Office of the Recorder of Deeds a non-conversion agreement not to convert areas of parking, storage, or access below the DFE to a residential use.3112.2 The owner of each lot and parcel on which substantial improvement or new construction of an accessory structure is located wholly or partially inside a flood hazard area shall record with the Office of the Recorder of Deeds a non-conversion agreement not to convert an accessory structure to a residential use.3112.3 The owner of each lot and parcel on which substantial improvement or new construction of any structure is located wholly or partially inside a flood hazard area and is designed to be dry floodproofed shall record with the Office of the Recorder of Deeds a covenant to maintain the dry floodproofing system, including the deployment, operation, or maintenance of the system.3112.4 Each non-conversion agreement or covenant shall:- (a) Be in the form approved by DOEE;

- (b) Be approved for technical sufficiency by DOEE;

- (c) Be binding on each subsequent owner (run with the land); and

- (d) Provide for inspection of and access to the areas, structures, and systems described in the covenant or non-conversion agreement at reasonable times by DOEE or its authorized representative.3112.5 Before any DOEE-issued permit required under this chapter is issued, the property owner shall file and record each required covenant or non-conversion agreement, at the expense of the owner, with the Office of the Recorder of Deeds.3112.6 The owner shall provide DOB with one copy of the covenant or non-conversion agreement that is certified by the Office of the Recorder of Deeds as having been recorded among the land records against the lot and parcel on which development is occurring.3112.7 For any modification or termination of the covenant or non-conversion agreement, the owner shall obtain prior written approval by DOEE and record the covenant or agreement accordingly.

3112.8 An agency or authority of the federal government or District Government shall not be required to make or record a covenant or non-conversion agreement. If a District property is leased to a private entity for more than three (3) years, the lessee and District agency shall sign an agreement that documents the property’s dry floodproofing system and who is responsible for its operation and maintenance, as well as an agreement not to convert an accessory structure, parking area, storage area, or access that is below the DFE into residential use.

SOURCE: Final Rulemaking published at 32 DCR 6547, 6562 (November 15, 1985); as amended by Notice of Final Rulemaking published at 57 DCR 10781 (November 19, 2010); as amended by Final Rulemaking published at 72 DCR 006821 (June 20, 2025).