Section 10-A616. E-3.4 REDUCING THE ENVIRONMENTAL IMPACTS OF DEVELOPMENT

 

616.1The District of Columbia Environmental Policy Act (DCEPA), modeled after the National Environmental Policy Act (NEPA), requires all District agencies to analyze and disclose the environmental effects of their major actions, including the permitting of new development. Environmental Impact Statements are required for projects that are likely to have substantial negative impacts on the environment. 616.1

 

616.2To determine if a project meets this threshold, applicants must complete a simple checklist called an “Environmental Impact Screening Form” (EISF). Unlike the NEPA “Environmental Assessment,” the EISF contains simple yes/no questions and requires no narrative or analysis. The policies and actions below call for a more rigorous analysis of impacts in the future, with more substantive documentation of environmental effects. 616.2

 

616.3Policy E-3.4.1: Mitigating Development Impacts

 

Take measures to ensure that future development mitigates impacts on the natural environment and results in environmental improvements wherever feasible. Construction practices which result in unstable soil and hillside conditions or which degrade natural resources without mitigation shall be prohibited. 616.3

 

616.4Policy E-3.4.2: Transparency of Environmental Decision-Making

 

Ensure that discussions and decisions regarding environmental impacts and mitigation measures occur through a transparent process in which the public is kept informed and given a meaningful opportunity to participate.616.4

 

616.5  Policy E-3.4.3: Environmental Assessments

 

Ensure full and meaningful compliance with the District of Columbia Environmental Policy Act of 1989, effective October 18, 1989 ( D.C. Law 8-36; D.C. Official Code § 8-109.01 et seq.), including the use of procedures to assess the environmental impacts of major development projects comparable to the regulations developed by the Council on Environmental Quality for the National Environmental Policy Act of 1969, approved January 1, 1970 (83 Stat. 852; 42 U.S.C. 4321 et seq.).  The environmental review should include all pertinent information about the effects of the project on the human environment, including information about existing conditions, projected impacts, and mitigation measures. Carbon dioxide and other greenhouse gas (GHG) emissions impacts should be included in the environmental impact assessments.  The process should ensure that the information is available when a development is proposed and is available to the public and decision-makers before any decision is made.

 

616.6Policy E-3.4.4: Monitoring of Operational and Construction Impacts

 

Strengthen District government programs that monitor and resolve air pollution, water pollution, noise, soil contamination, dust, vibration, and other environmental impacts resulting from commercial uses, industrial uses, trucking, construction activities, and other activities around the city that could potentially degrade environmental quality. 616.6

 

616.7Action E-3.4.A: Citywide Natural Resource Inventory

 

Compile and maintain a citywide natural resources inventory that catalogs and monitors the location and condition of the District’s natural resources. The inventory should be used as a benchmark to evaluate the success of environmental programs and the impacts of land use and development decisions. 616.7

 

616.8Action E-3.4.B: Strengthening Environmental Screening and Assessment Procedures

 

Implement a program to strengthen the environmental screening, assessment, impact statement, and notification requirements in the District of Columbia. Based on an analysis of existing practices in the District and “best practices” around the country, recommend statutory and procedural changes to more effectively document and mitigate the environmental impacts of development and infrastructure projects, and to ensure that impacted residents, businesses, and DC agencies have adequate opportunities for review and comment. In adoption of any new environmental standards or procedures, consideration should be given to the cost of compliance for affected businesses, the opportunities for public participation, and the cost to the environment if the standards/procedures are not implemented. 616.8 

 

616.9Action E-3.4.C: Environmental Enforcement

 

Undertake an interagency effort to improve compliance with the District’s existing environmental laws and regulations. This effort should include public education, compliance assistance, and the convening of an environmental crime and enforcement working group. 616.9

 

authority

Pursuant to the District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1-306.01 et seq.), the Comprehensive Plan for the National Capital: District Elements of 2006, effective March 8, 2007 (10 DCMR A300 through A2520) (“Comprehensive Plan”).

source

Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300) published at 54 DCR 924 (February 2, 2007); as amended by the Comprehensive Plan Amendment Act of 2011, effective April 8, 2011 (D.C. Law 18-361) published at 58 DCR 908, 916 (February 4, 2011).

notation

The provisions of Title 10, Part A of the DCMR accessible through this web interface are codification of the District Elements of the Comprehensive Plan for the National Capital. As such, they do not represent the organic provisions adopted by the Council of the District of Columbia. The official version of the District Elements only appears as a hard copy volume of Title 10, Part A published pursuant to section 9a of the District of Columbia Comprehensive Plan Act of 1994, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1 -301.66)) . In the event of any inconsistency between the provisions accessible through this site and the provisions contained in the published version of Title 10, Part A, the provisions contained in the published version govern. A copy of the published District Elements is available www.planning.dc.gov.