§ 1–207.38. Advisory neighborhood commissions.

(a) The Council shall by act divide the District into neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of the registered qualified electors of a Neighborhood Commission area, shall establish for that neighborhood an elected Advisory Neighborhood Commission. In designating such neighborhoods, the Council shall consider natural geographic boundaries, election districts, and divisions of the District made for the purpose of administration of services.

(b) Elections for members of each Advisory Neighborhood Commission shall be nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory Neighborhood Commission members shall be elected from single-member districts within each neighborhood commission area by the registered qualified electors of such district.

(1) May advise the District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in that neighborhood commission area;

(2) May employ staff and expend, for public purposes within its neighborhood commission area, public funds and other funds donated to it; and

(3) Shall have such other powers and duties as may be provided by act of the Council.

(d) In the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to each Advisory Neighborhood Commission of requested or proposed zoning changes, variances, public improvements, licenses, or permits of significance to neighborhood planning and development within its neighborhood commission area for its review, comment, and recommendation.

(e) In order to pay the expenses of the Advisory Neighborhood Commissions, enable them to employ such staff as may be necessary, and to conduct programs for the welfare of the people in a neighborhood commission area, the District government shall allot funds to the Advisory Neighborhood Commissions out of the general revenues of the District. The funding apportioned to each Advisory Neighborhood Commission shall bear the same ratio to the full sum allotted as the population of the neighborhood bears to the population of the District. The Council may authorize additional methods of financing Advisory Neighborhood Commissions.

(f) The Council shall by act make provisions for the handling of funds and accounts by each Advisory Neighborhood Commission and shall establish guidelines with respect to the employment of persons by each Advisory Neighborhood Commission, which shall include fixing the status of such employees with respect to the District government, but all such provisions and guidelines shall be uniform for all Advisory Neighborhood Commissions and shall provide that decisions to employ and discharge employees shall be made by the Advisory Neighborhood Commission. These provisions shall conform to the extent practicable to the regular budgetary, expenditure and auditing procedures and the personnel merit system of the District.

(g) The Council shall have authority, in accordance with the provisions of this chapter, to legislate with respect to the Advisory Neighborhood Commissions established in this section.

(h) The foregoing provisions of this section shall take effect only if agreed to in accordance with the provisions of § 1-207.03(a).

(Dec. 24, 1973, 87 Stat. 824, Pub. L. 93-198, title VII, § 738; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Oct. 30, 1975, D.C. Law 1-27, § 2, 22 DCR 2470; Sept. 27, 1983, D.C. Law 5-26, § 2, 30 DCR 3654; Sept. 26, 1984, D.C. Law 5-116, § 4, 31 DCR 4018; Sept. 26, 1995, D.C. Law 11-52, § 814, 42 DCR 3684; Apr. 20, 1999, D.C. Law 12-264, § 3, 46 DCR 2118.)

Prior Codifications

1981 Ed., § 1-251.

1973 Ed., § 1-171.

Section References

This section is referenced in § 1-309.01, § 1-309.13, and § 25-101.

Cross References

Lobby registration, exemptions for public officials, see § 1-1105.03.

Emergency Legislation

For temporary (90-days) amendment to the Advisory Neighborhood Commission Boundaries Act of 2022 to adjust a portion of the boundary between single-member districts 6D01 and 6D07 in an offshore area that is occupied by recently constructed wharves, see D.C. Act 24-716.

For temporary (90-days) establishment of boundaries for Advisory Neighborhood Commission areas and single-member districts within Advisory Neighborhood Commission areas, and provision for each Advisory Neighborhood Commission to be the successor-in-interest to the assets, obligations, and legal interests of its predecessor, see D.C. Act 24-520.

For the establishment of boundaries for Advisory Neighborhood Commission areas and single-member districts within Advisory Neighborhood Commission areas, see D.C. Law 23-157.

For temporary (90 day) establishment of boundaries, see § 2 of Advisory Neighborhood Commissions Boundaries Emergency Act of 2002 (D.C. Act 14-359, April 30, 2002, 49 DCR 4639).

For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Boundaries Establishment Emergency Amendment Act of 2002 (D.C. Act 14-451, July 23, 2002, 49 DCR 7873).

For temporary (90 day) establishment and applicability of Advisory Neighborhood Commission and single-member district area boundaries, see §§ 2, 3 of Advisory Neighborhood Commissions Boundaries Emergency Act of 2012 (D.C. Act 19-341, April 8, 2012, 59 DCR 2788).

For temporary (90 days) amendment of this section, see § 2 of the Advisory Neighborhood Commission 5C Allotments Authorization Emergency Amendment Act of 2014 (D.C. Act 20-297, March 14, 2014, 61 DCR 2564, 20 DCSTAT 3064).

For temporary (90 day) addition of section, see § 2 of One City Service and Response Training Emergency Act of 2011 (D.C. Act 19-16, February 15, 2011, 58 DCR 1534).

Temporary Legislation

For temporary (225 day) amendment of section, see § 801 of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Section 2 of D.C. Law 19-145 establishes boundaries for Advisory Neighborhood Commission areas and single-member districts within Advisory Neighborhood Commission areas.

Section 3 of D.C. Law 19-145 provided:

“Sec. 3. Applicability of boundaries.

“(a) Except as provided in subsection (b) of this section, the ANC and SMD boundaries set forth in section 2(a) shall apply as of January 2, 2013.

“(b) The ANC and SMD boundaries set forth in section 2(a) shall apply for purposes of administering the November 6, 2012 election, including determining qualifications for candidacy and the residence of a person signing a nominating petition for the November 6, 2012 election.”

Section 7(b) of D.C. Law 19-145 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

For the establishment of boundaries for Advisory Neighborhood Commission areas and single-member districts within Advisory Neighborhood Commission areas, and provision for each Advisory Neighborhood Commission to be the successor-in-interest to the assets, obligations, and legal interests of its predecessor in 2022, see D.C. Law 24-148.

References in other laws to Advisory Neighborhood Councils: Section 4 of the Act of October 30, 1975, D.C. Law 1-27, provided: “Any reference in any law of or relating solely to the District of Columbia, or in any rule, regulation, paper, report, or other document of the District of Columbia government (including any agency thereof) to the Advisory Neighborhood Councils shall be deemed to be, after the effective date of this act, a reference to the Advisory Neighborhood Commissions.”