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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-27. NOISE CONTROL |
Section 20-2707. TEMPORARY EXEMPTION PROCEDURES
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2707.1A person may apply to the Mayor for a temporary exemption from the maximum permissible noise levels or the time limits established by the Act.
2707.2If the applicant is required to obtain a building permit from the District government, he or she may include the request for a temporary exemption with the application for that permit.
2707.3The decision of the Mayor shall be in writing and shall include a statement of the reasons for the action taken.
2707.4If a temporary exemption is granted, the decision shall include the following information:
(a)The name of the applicant;
(b)The noise level to be permitted;
(c)The period of time during which the exemption shall be in effect; and
(d)Any other conditions or qualifications necessary for the protection of the public under the standards applicable to the granting of a temporary exemption.
2707.5A temporary exemption shall be granted for as long as is necessary, but shall not exceed forty-five (45) days.
2707.6A notice of the issuance of a temporary exemption shall be published in the D.C. Register and shall be posted by the applicant in a conspicuous sport at the location involved for a period of our (4) consecutive days following the date of issuance.
2707.7Any person adversely affected by the issuance or denial of a temporary exemption may, within ten (10 days of the decision, request a hearing on the matter.
2707.8If the Mayor finds that a sufficient bona fide controversy exists regarding the issuance or denial of a temporary exemption, the Mayor may, in his or her discretion, hold a hearing on the matter.
2707.9The hearing shall be held as soon as practicable.
2707.10A decision by the Mayor after a hearing shall be final, subject to a de novo review by a court of competent jurisdiction.
2707.11Unless the Mayor orders otherwise, the filing of a request for a hearing shall not affect the issuance of a temporary exemption.