§ 1–303.21. Rules.

*NOTE: This section includes amendments by emergency legislation that will expire on October 24, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue a comprehensive rulemaking to update the rules governing the hanging, placing, painting, projection, display, and maintenance of signs on public space, public buildings, or other property owned or controlled by the District and on private property within public view within the District, and the Mayor may thereafter amend, repeal, and enforce such rules. Proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved. The proposed rules shall not take effect until approved by the Council.

(b) The rules shall:

(1) Determine the types of signs that shall be allowed and prohibited and establish permit requirements for signs, where appropriate;

(2) Establish standards for the location, size, and illumination of different types of signs;

(3) Allow for the display of signs that contribute to a healthy business environment and civic communication while protecting the health, safety, convenience, and welfare of the public, including protection of the appearance of outdoor space throughout the District;

(4) State the specific requirements for large signs and billboards;

(5) Establish standards for signs on historic sites or in historic areas;

(6) Provide structural requirements for signs to ensure their safety;

(7) Ensure compliance with federal highway requirements;

(8) Provide for the creation of Designated Entertainment Areas to allow for the display of additional signs; and

(9) Establish permit fees.

(10) Repealed.

(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations regarding signs on public space, public buildings, or other property owned or controlled by the District and on private property within public view within the District pursuant to § 6-1409.

(Mar. 3, 1931, 46 Stat. 1486, ch. 399, § 1; Apr. 27, 2013, D.C. Law 19-289, § 2(a), 60 DCR 2328; Mar. 11, 2015, D.C. Law 20-207, § 4(a), 61 DCR 12690; July 26, 2024, D.C. Act 25-541, § 3(a), 71 DCR 9963.)

Prior Codifications

1981 Ed., § 1-325.

1973 Ed., § 1-231.

Section References

This section is referenced in § 1-303.23.

Effect of Amendments

The 2013 amendment by D.C. Law 19-289 rewrote the section.

The 2015 amendment by D.C. Law 20-207 repealed (b)(10) and made related stylistic changes.

Cross References

Real estate, sale or rent signs, see 42-1801.

Applicability

Section 5 of D.C. Act 25-221 provided that the amendments to this section by § 3 of D.C. Act 25-221 shall apply as of November 2, 2022.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(a) of Sign Regulations Amendment Act of 2024 (D.C. Act 25-541, July 26, 2024, 71 DCR 9963).

For temporary (90 days) amendment of this section, see § 3(a) of Sign Regulations Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-348, Jan. 4, 2024, 71 DCR 663).

For temporary (90 days) amendment of this section, see § 3(a) of Sign Regulations Emergency Amendment Act of 2023 (D.C. Act 25-221, Oct. 5, 2023, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3(a) of Sign Regulations Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-10, Feb. 1, 2023, 00 DCR 00).

For temporary (90 days) amendment of this section, see § 3(a) of Sign Regulations Emergency Amendment Act of 2022 (D.C. Act 24-625, Nov. 2, 2022, 0 DCR 0).

For temporary (90 day) amendment of section, see § 2(a) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary (90 day) addition, see § 2(b) of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary amendment of section, see § 2(a) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable as of October 9, 2012, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

For temporary addition of the Act of March 3, 1931, Ch. 399, § 1a, concerning adjudication of infractions, see § 2(b) of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-497, October 26, 2012, 59 DCR 12749), applicable as of October 9, 2012, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(a) of Sign Regulations Temporary Amendment Act of 2023 (D.C. Law 25-98, Dec. 20, 2023, 70 DCR 14512).

For temporary (225 days) amendment of this section, see § 3(a) of Sign Regulations Temporary Amendment Act of 2022 (D.C. Law 24-269, Feb. 23, 2023, 69 DCR 14752).

Section 2(a) of D.C. Law 19-181 amended § 1-303.21 to read as follows:

“(a) The Mayor shall issue, amend, repeal and enforce rules governing the hanging, placing, painting, display, and maintenance of signs on public space owned or controlled by the District and on private property within public view within the District. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

“(b) The rules shall, at a minimum:

“(1) Determine the types of signs that shall be allowed and prohibited and establish permit requirements for signs where appropriate;

“(2) Establish standards for the location, size, and illumination of different types of signs;

“(3) Allow for the display of signs that contribute to a healthy business environment and civic communication while protecting the health, safety, convenience, and welfare of the public, including protection of the appearance of outdoor space throughout the District;

“(4) State the specific requirements for large signs and billboards;

“(5) Establish standards for signs on historic sites or in historic areas;

“(6) Provide structural requirements for signs to ensure their safety;

“(7) Ensure compliance with federal highway requirements;

“(8) Provide for the creation of Designated Entertainment Areas to allow for the display of additional signs; and

“(9) Establish permit fees and fines and other penalties for violations of the sign rules.”

Section 2(b) of D.C. Law 19-181 added the Act of Mar. 3, 1931, ch. 399, § 1a, to read as follows:

“Sec. 1a. Adjudication of infractions of the rules issued pursuant to section 1 shall be pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective July 16, 1985 (D.C. Law 6-42; D.C. Official Code § 8-801.01 et seq.) (“Civil Infractions Act”), and the Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.) (“Litter Control Act”), as applicable. The Mayor may, through rulemaking, establish a schedule of fines and penalties for infractions of these rules that are separate from the fines and penalties imposed under the Civil Infractions Act and the Litter Control Act. These rules shall be subject to Council review and approval as described in section 1.”

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by the act shall remain in effect until repealed, amended, or superseded.

Section 9 of D.C. Law 19-181 provided that sections 3, 4, 5, 6, and 7 of the act shall apply upon the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 9 of D.C. Law 19-289 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(8) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.