Chapter 1D. Office of District Waterways Management.

§ 8–191.01. Establishment; purpose and duties.

(a) There is established, within the Department of Energy and the Environment an Office of District Waterways Management ("Office"). The purpose of the Office is to plan, promote and facilitate stakeholder cooperation for the diverse uses of and access to the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property.

(b) The Office shall:

(1) Publish the Waterways Advisory Plan adopted pursuant to § 8-191.03;

(2) Facilitate communication between the District, Maryland, Virginia, the federal government, businesses, community organizations, and the public on issues relevant to the Anacostia and Potomac Rivers and the Washington Channel, including economic activity, public safety and security, environment, recreation, and transportation; and

(3) Advise the Mayor and the Council on issues related to the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property, including public improvements, maintenance, operations, programming, budgeting, resiliency, planning, and public safety and security.

§ 8–191.02. Establishment of the District Waterways Advisory Commission; composition; duties.

*NOTE: This section includes amendments by emergency legislation that will expire on January 16, 2025. 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) There is established a District Waterways Advisory Commission ("Commission") to advise the Office of District Waterways and to adopt a Waterways Advisory Plan pursuant to § 8-191.03.

(b)(1) The Commission shall be comprised of 14 voting members appointed as follows:

(A) Seven members appointed by the Mayor, with the advice and consent of the Council, pursuant to § 1-523.01(f), one of whom shall be designated as Chairperson. Each appointee shall have experience in at least one of the following areas:

(i) Public safety;

(ii) Environmental stewardship;

(iii) Economic development or tourism;

(iv) Maritime management or policy;

(v) Athletics and recreation; and

(vi) Maritime transportation.

(B) Seven members appointed by the Chairman of the Council as follows:

(i) Two Advisory Neighborhood Commissioners, each of whose single-member districts borders a waterway, one from east of the Anacostia River and one from west of the Anacostia River;

(ii) Two individuals, each representing a Business Improvement District that borders a waterway, one from east of the Anacostia River and one from west of the Anacostia River; and

(iii) Two individuals, each representing a marina or yacht club located in the District; provided, that the individuals do not represent the same marina or yacht club; and

(iv) An individual with expertise or interest in waterway management.

(2) Members appointed pursuant to this subsection shall serve for 4-year staggered terms; provided, that of the members initially appointed under this subsection, 4 of the members appointed by the Mayor shall be appointed for a term of 4 years and 3 for a term of one year, and of the members initially appointed by the Chairman of the Council, 4 shall serve for a term of 3 years and 3 shall serve for a term of 2 years.

(c) The government officials who head the following entities, or their designees, shall serve as ex officio non-voting members of the Commission:

(1) The Office of the Deputy Mayor for Planning and Economic Development;

(2) The Office of the Deputy Mayor for Public Safety and Justice;

(3) The Metropolitan Police Department;

(4) The Fire and Emergency Medical Services Department;

(5) The District Department of Transportation;

(6) The Department of Energy and Environment;

(7) The District of Columbia Water and Sewer Authority;

(8) The Washington Convention and Sports Authority;

(9) The Public Service Commission;

(10) The Department of Housing and Community Development; and

(11) The Department of Parks and Recreation.

(d) The Mayor shall request that each of the following federal agencies appoint a representative as an ex officio non-voting member of the Commission:

(1) The National Park Service;

(2) The United States Coast Guard;

(3) The Department of Defense;

(4) The Metropolitan Washington Airports Authority; and

(5) The National Capital Planning Commission.

(e) The Office of Waterways Management shall provide administrative support to the Commission.

(f) The Commission shall meet at least once every 2 months until the first Advisory Plan developed pursuant to § 8-191.03 is published and at least quarterly thereafter.

(g) Proceedings of the Commission are subject to subchapter IV of Chapter 5 of Title 2.

(h) A majority of the members appointed pursuant to subsection (b) of this section shall constitute a quorum.

(Mar. 22, 2023, D.C. Law 24-336, § 3, 70 DCR 1623; Oct. 18, 2024, D.C. Act 25-585, § 2(a), 71 DCR 12850.)

Applicability

Section 7096 of D.C. Law 25-50 repealed section 6 of D.C. Law 24-336 removing the applicability provision impacting this section. Therefore the creation of this section by section 3 of Law 24-336 has been implemented.

Applicability of D.C. Law 24-336: § 6 of D.C. Law 24-336 provided that the creation of this section by § 3 of D.C. Law 24-336 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Office of District Waterways Management Establishment Emergency Amendment Act of 2024 (D.C. Act 25-585, Oct. 18, 2024, 71 DCR 12850).

§ 8–191.03. District Waterways Advisory Plan.

(a) Within 2 years of the initial appointment of District Waterways Advisory Commission voting members, the Commission shall develop a District Waterways Advisory Plan ("Advisory Plan") to create a strategic vision for the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property. The Advisory Plan shall include recommendations for:

(1) The orderly, safe, and efficient use of the Anacostia and Potomac Rivers and the Washington Channel for boating and recreation;

(2) Public and private uses of property and infrastructure adjacent to the Anacostia and Potomac Rivers and the Washington Channel;

(3) Interagency and regional coordination on issues relevant to the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property;

(4) Environmental conservation and management of the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property;

(5) Strategies for coordinated economic growth on and adjacent to the Anacostia and Potomac Rivers and the Washington Channel;

(6) Assessments of safety and security risks and needs on and adjacent to the Anacostia and Potomac Rivers and the Washington Channel;

(7) Identification of transportation gaps on and adjacent to the Anacostia and Potomac Rivers and the Washington Channel; and

(8) Opportunities to increase local control of the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property.

(b)(1) The Advisory Plan shall be developed with public input and input from ex officio members of the Commission.

(2) The Commission shall publish a draft of the Advisory Plan for a specified public comment period that shall be not fewer than 30 days.

(3) The Commission shall hold at least 2 public meetings, one for residents east of the Anacostia River and one for residents west of the Anacostia River, to solicit public testimony and written comments on the draft Advisory Plan.

(c) After conclusion of the public comment period, and within 60 days after completing revisions, if any, the voting members of the Commission shall adopt the Advisory Plan. Thereupon, the Advisory Plan shall be submitted to the Office of Waterways Management for publication.

(d) If considered necessary by the Commission, the Advisory Plan shall be updated at least once every 3 years, following the same process required for the initial Advisory Plan pursuant to subsections (b) and (c) of this section.

(Mar. 22, 2023, D.C. Law 24-336, § 4, 70 DCR 1623; Oct. 18, 2024, D.C. Act 25-585, § 2(b), 71 DCR 12850.)

Applicability

Applicability of D.C. Law 24-336: § 6 of D.C. Law 24-336 provided that the creation of this section by § 4 of D.C. Law 24-336 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Office of District Waterways Management Establishment Emergency Amendment Act of 2024 (D.C. Act 25-585, Oct. 18, 2024, 71 DCR 12850).