§ 10–1141.04. Rulemaking.

The Mayor shall issue regulations to implement this subchapter. These regulations shall:

(1) Provide for a nonrefundable application fee to be paid by any party applying for a permit pursuant to this subchapter. The fee shall be set in an amount to recoup some or all of the costs to the District of Columbia for reviewing the application;

(2) Provide for the payment of a nondiscriminatory, fair, and equitable charge for any permit issued in accordance with this subchapter. The Mayor may allow a permittee to pay a fixed charge for a set period of time, pay an amount based upon the amount of the public right of way or public space used or occupied, pay an amount based upon a revenue sharing formula, or provide in-kind services to the District in lieu of a monetary payment, or the Mayor may require a permittee to pay a combination of these items. The regulations may also provide for interest to be charged on late payments of any charges imposed pursuant to this subchapter;

(3) Generally establish categories of use and the extent to which public space, public rights of way, and public structures may be used;

(4) Establish and regulate the process through which any impact, modification, or damage to the public space, public-rights-of-way, or public structures may be compensated, which may include the establishment of user fees, including impact and other direct-use fees, charges, and penalties. The regulations shall include provisions governing the appropriate bonding and insurance requirements which must be satisfied by any party who receives a permit issued pursuant to this subchapter, and shall provide for any permittee to provide comprehensive indemnification to the District for any costs or damages which it incurs as a result of actions taken by the permittee in connection with the exercise of any rights or privileges granted in any permit issued pursuant to this subchapter;

(5) Provide for the payment of a technology charge or other surcharge to be added to the fee for each permit issued under § 10-1141.03;

(6) Treat the blockage of a sidewalk, bicycle lane, or other pedestrian or bicycle path the same as the closure of a lane of traffic, and in these cases apply similar regulations as that of a closure of a lane of traffic for each permit issued under § 10-1141.03;

(7) Define “safe accommodation,” as it appears in paragraph (8) of this section and in § 10-1141.03, in consultation with the Bicycle Advisory Council and the Pedestrian Advisory Council, which definition shall apply to all permittees and shall ensure the safe and expedient passage of pedestrians and bicyclists; and

(8) Require permittees to submit for approval by the Mayor a traffic management plan that addresses safe accommodation for pedestrians and bicyclists before the issuance of a permit by the Mayor under § 10-1141.03.

(Apr. 9, 1997, D.C. Law 11-198, § 604, 43 DCR 4569; Oct. 19, 2000, D.C. Law 13-172, § 504, 47 DCR 6308; Nov. 13, 2003, D.C. Law 15-39, § 624, 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 6(a), 51 DCR 881; Sept. 24, 2010, D.C. Law 18-223, § 6012, 57 DCR 6242; Dec. 13, 2013, D.C. Law 20-49, § 3(b), 60 DCR 15148.)

Prior Codifications

1981 Ed., § 7-1074.

Effect of Amendments

D.C. Law 13-172 added par. (5), and rewrote par. (4), which previously read:

“(4) Establish and regulate the process through which any modification or damage to the public space, public rights of way, or public structure may be compensated. The regulations shall include provisions governing the appropriate bonding and insurance requirements which must be satisfied by any party who receives a permit issued pursuant to this subchapter, and shall provide for any permittee to provide comprehensive indemnification to the District for any costs or damages which it incurs as a result of actions taken by the permittee in connection with the exercise of any rights or privileges granted in any permit issued pursuant to this subchapter.”

Section 503 of D.C. Law 13-172 provided: “The amendments made by section 502 of this title to the public rights-of-way rental fees do not preclude the Mayor from further amending these same fees as authorized in section 604 of the Fiscal Year 1997 Budget Support Act of 1996 provided that the amended rates, when taken together with the other user fees, charges, and penalties collected pursuant to that section and D.C. Code § 47-2718 do not adversely impact the positive fiscal impact identified in section 506 of this title.”

D.C. Law 15-39 repealed par. (5) which had read as follows: “(5) The first $30 million dollars of annual revenue derived from the collection of the public rights-of-way user fees, charges, and penalties established pursuant to this section shall be dedicated to the Department of Public Works for expenditures related to street and alley repairs and maintenance that would otherwise be paid out of the General Fund. Any revenues in excess of $30 million annually from the collection of these public rights-of-way user fees, charges, and penalties shall be dedicated to the District of Columbia Highway Trust Fund”.

D.C. Law 15-105, in par. (5), validated a previously made technical corrections.

D.C. Law 18-223 deleted “and” from the end of par. (3); substituted “; and” for a period at the end of par. (4); and added par. (5).

The 2013 amendment by D.C. Law 20-49 added (6), (7) and (8); and made related changes.

Emergency Legislation

See notes to § 10-1141.01.

For temporary (90-day) amendment of section, and statement of continuing amendment authorization, see §§ 503 and 504 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 503 and 504 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 624 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 624 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) amendment of section, see § 6012 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 6011 of D.C. Law 18-223 provided that subtitle B of title VI of the act may be cited as the “Public Space Permit Enhancement Amendment Act of 2010”.