§ 6–404. Permits for extensions of buildings beyond building line.

The action of the Council of the District of Columbia in granting permits before March 3, 1891, for the extension of any building or buildings, or any part or parts thereof, in the District of Columbia, beyond the building line, and upon the streets and avenues of said District, is hereby ratified, without prejudice, however, to the legal rights of the government in the event of the destruction by fire, or otherwise, of any such structure. And after June 21, 1906, no such permits shall be granted except upon special application and with the concurrence of the Mayor of the District of Columbia, and where such extensions are to be placed upon buildings to be erected on land adjoining United States public reservations, the approval of the Director of the National Park Service.

(Mar. 3, 1891, 26 Stat. 868, ch. 540; July 1, 1898, 30 Stat. 570, ch. 543, § 3; June 21, 1906, 34 Stat. 385, ch. 3506; Feb. 26, 1925, 43 Stat. 983, ch. 339, § 3; Exec. Order No. 6166, § 2, June 10, 1933; Mar. 2, 1934, 48 Stat. 389, ch. 38, § 1.)

Prior Codifications

1981 Ed., § 5-204.

1973 Ed., § 5-204.

Section References

This section is referenced in § 6-405, § 10-129, § 10-137, § 10-138, and § 10-1102.01.

Cross References

Care of public grounds, rules and regulations, see § 10-137.

Jurisdiction over public roads and bridges, see § 9-101.02.

Public grounds, rules and regulations, extension to sidewalks and carriageways, see § 10-138.

Rental and utilization of public space, public space on or above ground, see § 10-1102.01.

Transfer of federal lands to district, letters as authority for change in official maps and record, see § 10-129.

Transfer of Functions

All functions of all officers of the Department of the Interior and all functions of all agencies and employees of the Department, including the Director of the National Park Service, were transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by Reorganization Plan No. 3 of 1950, 64 Stat. 1262, §§ 1, 2, 15 F.R. 3174.

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). 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)), appropriate changes in terminology were made in this section.