Section 10-C100. APPLICABILITY AND AUTHORITY

 

100.1These regulations govern implementation of the historic preservation programs of the District of Columbia, including activities conducted pursuant to both District and Federal law.

 

100.2These regulations may be cited as the "District of Columbia Historic Preservation Regulations."

 

100.3These regulations implement the historic preservation provisions of the following statutes:

 

(a)The Historic Landmark and Historic District Protection Act of 1978 (D.C. Law 2-144, as amended; D.C. Official Code §6-1101 et seq.), also referred to as the "Historic Protection Act" or "the Act";

 

(b)The Old Georgetown Act of 1950 (D.C. Official Code § 6-1201 et seq.);

 

(c)The Shipstead-Luce Act of 1930 (D.C. Official Code § 6-611.01);

 

(d)The National Historic Preservation Act of 1966, as amended (80 Stat. 915 et seq.; 16 U.S.C. 470 et seq.);

 

(e)The Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act of 2000 (D.C. Law 13-281; D.C. Official Code § 6-801 et seq. (2002 Supp.)); and

 

(f)The Housing Act of 2002 (D.C. Law 14-114; D.C. Official Code § 6-802 et seq. (2002 Supp.)).

 

100.4The regulations are coordinated and intended to be consistent with the following statutes and regulations:

 

(a)The Administrative Procedure Act (D.C. Official Code § 2-501 et seq.);

 

(b)The Advisory Neighborhood Commission Act, as amended (D.C. Official Code § 1-309), also referred to as the "ANC Act";

 

(c)The Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Official Code § 2-1801 et seq.);

 

(d)D.C. Zoning Regulations (DCMR Title 11); and

 

(e)D.C. Construction Codes (DCMR Title 12).

 

100.5If there is a conflict between these and other D.C. regulations, the more restrictive rule shall apply.

 

100.6These rules are promulgated jointly by the Director, Office of Planning and the Historic Preservation Review Board.

 

100.7Unless otherwise noted, the authority for this chapter is § 10 of the Historic Protection Act (D.C. Official Code § 6-1109), §§ 2 and 3 of Mayor's Order 79-50, effective March 21, 1979, § 6 of Mayor's Order 83-119, effective May 6, 1983, 30 DCR 3031 (June 17, 1983), § III(B)(8) of the Reorganization Plan No. 1 of 1983 (effective March 31, 1983), and § 402(b) of the Fiscal Year 2001 Budget Support Act of 2000 (D.C. Law 13-172, effective October 19, 2000).

 

100.8These rules apply to the activities of the Mayor's Agent, State Historic Preservation Officer, Historic Preservation Review Board, and Historic Preservation Office after [the effective date]. Applications and any other pending actions filed before the effective date of these regulations shall be considered under the rules in effect when the applications were filed.

 

authority

D.C. Code §§ 6-1101 et seq., Mayor's Orders 79-50, 83-119, 2002-155.

source

Notice of Final Rulemaking published at 51 DCR 7447 (July 30, 2004).