§ 9–101.06. Public notice of proposed plan.

(a) At least 30 days prior to the submissions by the Mayor of the District of Columbia to the National Capital Planning Commission and to the Council of the District of Columbia for approvals of a proposed modification to the permanent system of highways, the Mayor shall provide written notice of an opportunity to submit comments on the proposed modification to:

(1) Each owner of land within the squares in which or adjacent to which the proposed modification is located, by registered mail to the address to which taxation notifications are sent by the District of Columbia Department of Finance and Revenue;

(2) Each Advisory Neighborhood Commission within whose commission area the proposed modification is located; and

(3) The public, by publishing the proposed modification in the District of Columbia Register.

(b) Copies of comments received by the Mayor shall be included in any subsequent submission by the Mayor to the Council of the District of Columbia of a resolution to consider the proposed modification to the permanent system of highways.

(June 28, 1898, 30 Stat. 520, ch. 519, § 6; May 10, 1988, D.C. Law 7-106, § 3, 35 DCR 2170.)

Prior Codifications

1981 Ed., § 7-115.

1973 Ed., § 7-115.

Emergency Legislation

For temporary (90 day) addition, see § 3 of Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-Way Along West Virginia Avenue, N.E., Abutting Mt. Olivet Road, N.E., Capitol Avenue, N.E., Fenwick Street, N.E., and West Virginia Avenue, N.E., Adjacent to Squares 4045 and 4046 S.O. 10-13744 Emergency Act of 2010 (D.C. Act 18-514, July 30, 2010, 57 DCR 7967).

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

Editor's Notes

Approval of abandonment of highway plan: Section 4 of D.C. Law 8-76 provided that the Council approved the abandonment of the highway plan for the portion of 42nd Street, N.W., South of W Street, N.W., as shown on the Surveyor’s plat filed under S.O. 87-51.

Section 3 of D.C. Law 18-68 provided: “Sec. 3. Notwithstanding section 6 of An Act to provide a permanent system of highways in that part of the District of Columbia lying outside the cities, and for other purposes, approved June 28, 1898 (30 Stat. 520; D.C. Official Code § 9-101.06), the Council amends the permanent system of highways, to accommodate the residential development in accordance with the plans approved pursuant to Zoning Commission Case No. 06-30, by adding the area of land shown on the Surveyor’s plat filed under S.O. 07-3090 as new public streets, which pursuant to section 401 of the Act (D.C. Official Code § 9-204.01), and notwithstanding section 402 of the Act (D.C. Official Code § 9-204.02), shall be designated as Water Lily Lane, N.E., and Cassell Place, N.E.”

Delegation of Authority

Delegation of authority pursuant to D.C. Law 7-106, “New Street or Alley Amendment Act of 1988”, see Mayor’s Order 88-162, July 11, 1988.

Resolutions

Resolution 15-132, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-way Between 18th Street, S.E. and Good Hope Road, S.E. S.O. 01-1355, Resolution of 2003”, was approved effective July 8, 2003.

Resolution 15-133, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-way Between 18th Street, S.E. and Good Hope Road, S.E. S.O. 01-1355, Resolution of 2003”, was approved effective July 8, 2003.

Resolution 15-134, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-of-way Between 24th Street, S.E. and Good Hope Road, S.E. S.O. 01-1411, Resolution of 2003”, was approved effective July 8, 2003.

Resolution 18-651, the “Abandonment of the Highway Plan for the Unimproved Highway Plan Right-Of-Way Along West Virginia Avenue, N.E., Abutting Mt. Olivet Road, N.E., Capitol Avenue, N.E., Fenwick Street, N.E., and West Virginia Avenue, N.E., Adjacent to Squares 4045 and 4046, S.O. 10-13744, Approval Resolution of 2010”, was approved effective October 19, 2010.

Resolution 19-136, the “Abandonment of the Highway Plan for Hamlin Street, N.E., S.O. 07-1657, Resolution of 2011”, was approved effective June 6, 2011.