Subchapter II. Street and Alley Closing Procedures.

§ 9–202.01. Authority of the Council.

The Mayor may close all or part of any street or alley which is determined by the Council to be unnecessary for street or alley purposes, upon approval of a proposed resolution submitted by the Mayor to the Council for its review.

(Mar. 10, 1983, D.C. Law 4-201, § 201, 30 DCR 148; Apr. 29, 1998, D.C. Law 12-86, § 504(a), 45 DCR 1172.)

Prior Codifications

1981 Ed., § 7-421.

Section References

This section is referenced in § 6-101.02.

Cross References

Construction of public buildings, municipal center site acquisition, condemnation of public streets and alleys, see § 10-601.

National capital housing authority, street and alley closing procedures, see § 6-101.02.

Emergency Legislation

For temporary order to close public alleys in Square 51, see § 2 of the Closing of Public Alleys in Square 51, S.O. 98-145, Emergency Act of 1998 (D.C. Act 12-597, January 20, 1999, 45 DCR 1142).

Editor's Notes

Opposition to partial closure of Pennsylvania Avenue, N.W: Pursuant to Resolution 6-136, the “Opposition to the Partial Closure of Pennsylvania Avenue, N.W., Resolution of 1985,” effective May 14, 1985, the Council emphatically opposes any proposal which includes the closure of Pennsylvania Avenue, N.W., between 15th and 17th Streets, N.W.

Authority to enact closing acts reaffirmed: Section 133 of § 101(d) of Pub. L. 99-591, the D.C. Appropriation Act, 1987, provided that the Congress of the United States reaffirms the authority of the Council of the District of Columbia, as authorized by § 7-421, to enact the Closing of a Portion of 8th Street, Northwest, and Public Alleys in Square 403 Act of 1984 (D.C. Law 5-148), and the Closing of a Portion of 8th Street, Northwest, and Public Alleys and Square 403 Emergency Act of 1984 (D.C. Act 5-206).

Alley closings: Council regularly adopts alley closings which take effect after signature by the Mayor and 30-day Congressional review in accordance with § 1-206.02(c)(1) and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations. The alley closings are noted in the D.C. Laws Not Codified Table located in the tables volume.

Closing of Glover Archbold Parkway: Section 2 of D.C. Law 9-51 ordered, on a temporary basis, the closing of Glover Archbold Parkway, N.W., between Upton Street, N.W., and Van Ness Street, N.W. Section 3 of D.C. Law 9-51 provided, on a temporary basis, for the establishment of a street easement to be known as 40th Place, N.W., in Square 1789 and adjacent to Glover Archbold Parkway, N.W., S.O. 99-117 in Ward 3. Section 4 of D.C. Law 9-51 provided a map of the closing of Glover Archbold Parkway, N.W., and the establishment of 40th Place, N.W. Section 5(b) of D.C. Law 9-51 provided that the act shall expire on the 225th day of its having taken effect.

Temporary closing of public alleys in Square 51: Section 2(a) of D.C. Law 12-280 provided for the temporary closing of the public alleys in Square 51, as shown on the Surveyor’s plat filed under S.O. 98-145, with title to the land to vest as shown on the Surveyor’s plat. Section 6(b) of D.C. Law 12-280 provided that the act shall expire after 225 days of its having taken effect.

Closing of public alley in Square 371: Section 2 of D.C. Law 12-267 provided that the Council of the District of Columbia found the public alley in Square 371, as shown on the Surveyor’s plat filed under S.O. 96-202, unnecessary for alley purposes, and ordered it closed, with title to the land to revert as shown on the Surveyor’s plan.

Section 2 of D.C. Law 13-124 provided: “Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Code § 9-202.01), the Council of the District of Columbia finds that the public alley in Square 6159, as shown on the Surveyor’s plat filed under S.O. 98-125, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor’s plat. Prior to the issuance of a building permit for the development of Lots 126, 123, and 812 in Square 6159, which is facilitated by the alley closing that is the subject of this act, the applicant shall certify to the District that the applicant’s building plans satisfy the conditions required by the Department of Public works as set forth in the official file on S.O. 98-125.”

Section 2 of D.C. Law 13-240 provided:

“(a) Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982 the Council of the District of Columbia finds that the public alley in Square 4335, as shown on the Surveyor’s plat filed under S.O. 98-245, is unnecessary for alley purposes and orders it closed, with title to vest as shown on the Surveyor’s plat.

“(b) The approval of the Council of the District of Columbia of the closing of this alley is contingent upon the applicant satisfying the conditions required by the Department of Public Works as set forth in the official file on S.O. 98-245.

“(c) The approval of the Council of this closing is further contingent upon the recording, in the Recorder of Deeds Division of the District of Columbia Office of Tax and Revenue, of a covenant between the applicant and Verizon Atlantic and the applicant and PEPCO, granting each an easement for access and egress.”

Section 2 of D.C. Law 14-37 provided:

“(a) Pursuant to section 201 the Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council of the District of Columbia finds that the public alley in Square 192, as shown on the Surveyor’s plat filed under S.O. 93-89, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor’s plat.

“(b) The Council’s order to close the alley is contingent upon:

“(1) The establishment of easements and satisfaction of other conditions required by the Department of Public Works, the District of Columbia Water and Sewer Authority, and public utilities as set forth in the official file on S.O. 93-89; and

“(2) The owner of Lots 61, 62, 37, 38, 39, and 21 (’community garden lots’), or any subsequently consolidated lot which includes the community garden lots, retaining the community garden lots for the purpose of a community garden for a period of not less than five years after the effective date of this act October 13, 2001 .”

Section 2 of D.C. Law 15-243 provided: “Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council finds that the portion of the of the intersection of Minnesota Avenue and East Capitol Street, N.E., adjacent to Square 5047, as shown on the surveyor’s plat filed under S. O. 02-3743, is unnecessary for street purposes and orders it closed, with title to the land to vest as shown on the surveyor’s plat. The approval of the Council of this closing is contingent upon the satisfaction of all conditions set forth in the official file of S.O. 02-3743.”

Section 2 of D.C. Law 15-254 provided: “Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council finds that the public alleys in Square 2674, as shown on the Surveyor’s plat filed under S.O. 01-2426, are unnecessary for alley purposes and orders them closed, with title to the land to vest as shown on the Surveyor’s plat. The approval of the Council of this closing is contingent upon satisfaction of all conditions set forth in the official file on S.O. 01-2426.”

Section 2 of D.C. Law 15-306 provided:

“Sec. 2. (a) Pursuant to section 201 of the Street and Alley Closing and Acquisition Procedures Act of 1982, effective March 10, 1983 (D.C. Law 4-201; D.C. Official Code § 9-202.01), the Council finds that the portion of a public alley in Square 317, as shown on the Surveyor’s plat filed under S.O. 04-7832, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor’s plat.

“(b) The approval of the Council of this closing is contingent upon the satisfaction of the:

“(1) Conditions of the District of Columbia Office of Planning as set forth in the Office’s memorandum, dated October 15, 2004, to the Surveyor and all other conditions set forth in the official file of S.O. 04-7832;

“(2) Provision, by the Applicant, of:

“(A) Commercial trash storage and disposal services within its proposed building for use by the buildings on Lots 22 and 835 in Square 317 and at no cost to the owners of Lots 22 and 835;

“(B) Automatic panic bar egress at the exit points of the proposed 10-foot wide, east-west pedestrian easement (”easement“) to be provided through the Applicant’s proposed building for persons exiting from the buildings located on Lots 22 and 835 in Square 317;

“(C) Automated access from 11th Street at the entry to the easement to the occupants of the building located on Lots 22 and 835 in Square 317;

“(D) A Commercial video screening and access mechanism at the entry to the easement from 11th Street to the occupants of the building on Lot 835 in Square 317;

“(E) Key access to the easement to the District of Columbia Fire and Emergency Medical Services Department; and

“(F) A building design for the proposed building that includes a garage ventilation discharge with an elevation at a minimum of 6 feet, 6 inches above grade and an exhaust velocity that will exchange the air in the garage no less than 7 times per hour; and

“(3) Incorporation of the conditions described in paragraphs (1) and (2) of this subsection in a recorded covenant.”

Section 2 of D.C. Law 20-28 provided that the Council finds that the portion of Akron Place, S.E., abutting Squares 5641 and N-5641, in Ward 7, as shown on the Surveyor’s plat filed under S.O. 07-2117, is unnecessary for street purposes and orders it closed, with title to the land to vest as shown on the Surveyor’s plat, S.O. 07-2117.

Section 3 of D.C. Law 20-28 provided that the Council finds that the portion of the public alley in Squares 5641 and N-5641, in Ward 7, as shown on the Surveyor’s plat filed under S.O. 07-2117, is unnecessary for alley purposes and orders it closed, with the title to the land to vest as shown on the Surveyor’s plat, S.O. 07-2117.

Section 2 of D.C. Law 20-35 provided that the Council finds that the T-shaped public alley in Square 77, in Ward 2, as shown on the Surveyor’s plat filed under S.O. 12-6036, is unnecessary for alley purposes and orders it closed, with title to the land to vest as shown on the Surveyor’s plat.

Section 3 of D.C. Law 20-35 provided that the Secretary to the Council shall transmit a copy of this act, upon its effective date, to the Office of the Surveyor and the Office of the Recorder of Deeds.

§ 9–202.02. Actions required of Mayor prior to consideration of application.

Prior to consideration by a committee of the Council of an application to close all or part of a street or alley, the Mayor shall:

(1) Provide the Council with a Surveyor’s plat showing:

(A) The street or alley, or part thereof, to be closed;

(B) The lots abutting the street or alley, or part thereof, to be closed;

(D) Any easements to be established or reserved by the District; and

(E) The person(s) to whom the title to the land to be closed is to revert or vest.

(2) Provide the Council with any comments on the proposed closing submitted by the affected District agencies and public utilities.

(3) Except as provided in § 9-202.03, refer the application to the National Capital Planning Commission for its recommendations.

(4) Refer to the Historic Preservation Review Board, as established by § 6-1103 for its review, any application to close any street located on the L’Enfant Street Plan.

(5) Refer the application to the Advisory Neighborhood Commission in whose area the street or alley to be closed is located for its review, and provide the Council with a copy of any comments submitted by the affected Advisory Neighborhood Commission.

(6) Provide notice of the application to each abutting property owner, and provide the Council with a copy of any comments submitted by an abutting property owner.

§ 9–202.03. Exceptions from requirement of referral of application to National Capital Planning Commission.

Section 9-202.02(3) shall not apply to any application to close all or part of an alley in the circumstances enumerated in § 9-202.05(2), (4)(A), (5), or (6).

§ 9–202.04. Public hearing required.

Except as provided in § 9-202.05, the Council shall hold a public hearing on all applications to close all or part of a street or alley.

§ 9–202.05. Inapplicability of § 9-202.04.

Section 9-202.04 shall not apply to any application to close:

(1) All or part of any alley when the application has been supported in writing by all of the owners of all the property in the square;

(2) All or part of any alley where the width of the alley is 10 feet or less, and the application has been supported in writing by all of the owners of all the property abutting the entire alley;

(3) All or part of any dead-end or unimproved street or alley when the application has been supported in writing by all of the record owners of all the property on both sides of the block(s) of the street which abuts the block(s) of that street to be closed or which abuts the entire alley;

(4) All or any part of any alley when the application has been supported in writing by all of the record owners of all the property abutting the entire alley, and when land in the same square is concurrently provided for alley purposes either by:

(A) Dedication; or

(B) Easement;

(5) All or part of any alley when:

(A) The closing is supported in writing by all of the owners of the property in 2/3 of the square;

(B) The alley, all or part of which is to be closed, is located entirely within 2/3 of the square owned by the persons supporting the closing; and

(6) All or part of any alley when the District or the United States holds title to all the property abutting the alley, all or part of which is to be closed.

§ 9–202.06. Duties of applicant; Mayor to make available signs and prescribe format for written notice.

(a) At least 15 days and no more than 60 days prior to the date of any public hearing to consider an application to close all or part of a street or alley, the applicant shall:

(1) Give written notice of the date, time, and location of the public hearing to all of the owners of all the property on both sides of the block(s) of the street which abuts the block(s) of that street to be closed or which abuts that entire alley; and

(2) Post a sign which indicates the date, time, and location of the public hearing at each end of the block(s) of that street to be closed, or at each entrance from a street to any alley in the square.

(b) At least 15 days and no more than 6 months prior to final consideration by the Council of a proposed resolution to close all or part of a street or alley which has not been the subject of a public hearing, the applicant shall:

(1) Give written notice of the Council’s intent to consider the proposed resolution to all of the owners of all the property on both sides of the block(s) of the street or which abuts that alley; and

(2) Post a sign which indicates the Council’s intent to consider the proposed resolution at each end of the block(s) of that street to be closed, or at each entrance from a street to any alley in the square.

(c) The applicant shall certify to the Council that the notice required in subsection (a) or (b) of this section has been given. A post office receipt of proof of mailing of the notice to the property owner’s last known address and a photograph of each posted sign shall be sufficient proof that the required notice was given.

(d) The Mayor shall make available the signs and shall prescribe by rule a format for the written notice to be given pursuant to this section.

§ 9–202.07. Publication of notice of hearing; written notice to involved advisory neighborhood commission.

(a) At least 15 days prior to a public hearing to consider an application to close all or part of a street or alley, the Council shall publish notice of the public hearing in the D.C. Register and shall give written notice of the public hearing to the advisory neighborhood commission(s) in whose commission area the street and alley to be closed is located.

(b) At least 15 days and no more than 6 months prior to final consideration by the Council of proposed legislation to close all or part of a street or alley which has not been the subject of a public hearing, the Council shall give written notice of the Council’s intent to consider the proposed legislation to the advisory neighborhood commission(s) in whose commission area the street and alley to be closed is located.

§ 9–202.08. Disposition of property; use of money received therefrom.

Where title to the street or alley, of which all or part is to be closed, can reasonably be determined to be held by the United States or the District, the Council may dispose of the property to the best advantage of the District and may assess the fair market value of the land and the value of the District’s improvements on the land to the person(s) to whom the title to the land is to vest. Any money received for land where the title was held by the United States shall be deposited in the Treasury of the United States to the credit of the United States. Any money received for land where title was held by the District shall be credited to the General Fund of the District.

§ 9–202.09. Approval subject to contingencies; relocation assistance.

(a) The Council may make the approval of a closing of all or part of a street or alley contingent upon any or all of the following:

(1) The dedication of any other land for street or alley purposes;

(2) The granting to the District of specific easements for public purposes; or

(3) Any other condition that the Council considers necessary.

(b)(1) If the closing of all or part of a street or alley is associated with the demolition, substantial rehabilitation, or discontinuance of an existing building and results in the displacement of existing retail tenants, then the applicant shall certify to the District, prior to the issuance of a building permit for the development facilitated by the alley closing, that the applicant has either:

(A) Offered each eligible retail tenant a preferential opportunity to return to the new or rehabilitated building upon completion; or

(B) Provided each eligible retail tenant a relocation payment, the amount of which shall be calculated by multiplying the assessed value of the existing building by the proportion of square footage within the building that was occupied by the retail tenant, but in no event shall this relocation payment be required to exceed $25,000.

(2) If the applicant offers the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection and if the eligible retail tenant accepts the offer, then the applicant shall not be required to provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection. If the applicant offers the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection and if the eligible retail tenant declines or does not respond to the offer, then the applicant shall provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection. If the applicant chooses not to offer the preferential opportunity to return referred to in subparagraph (1)(A) of this subsection, then the applicant shall provide the eligible retail tenant with the relocation payment referred to in subparagraph (1)(B) of this subsection.

(3) The preferential opportunity to return referred to in subparagraph (1)(A) of this subsection includes at least a written offer to return to space to be leased in the new or rehabilitated building upon completion.

(4) The relocation assistance required by this section referred to in paragraph (1) of this subsection shall be designed for the benefit of eligible retail tenants who are displaced by a development associated with a street or alley closing, and both the eligible retail tenants and the Corporation Counsel, on behalf of the District of Columbia, shall have the right to sue in the Superior Court of the District of Columbia to enforce the relocation assistance required by this section. A copy of the relocation assistance required by this section shall be sent by the applicant to all retail tenants who may be displaced by a development associated with the application, and the applicant shall use best efforts to notify retail tenants of the relocation assistance required by this section.

(5) Prior to consideration by a committee of the Council of an application to close all or part of a street or alley, the Mayor shall provide the Council with information regarding:

(A) The effect of the street or alley closing upon any existing retail tenants in buildings associated with the street or alley closing; and

(B) The assessed value of the street or alley to be closed and the assessed values of land and of buildings associated with the street or alley closing.

(1) Shall be a nonresidential tenant offering goods or nonprofessional services;

(2) Shall have been a tenant of the existing building for a minimum of 3 years prior to the date of introduction of proposed legislation to close all or a part of a street or alley associated with the demolition, substantial rehabilitation, or discontinuance of the existing building;

(3) Shall have had an annual gross revenue, from all business locations within the District of Columbia, that totaled not more than $5,000,000 in the year preceding the date of displacement;

(4) Shall not have an ownership interest in the property to be developed; and

(5) Shall relocate within the District of Columbia.

(d) A retail tenant shall refund any relocation payment provided under this section if the retail tenant relocates outside the District of Columbia within a period of 3 years.

(e) The provisions of subsections (b) and (c) of this section shall not apply to applications by the Washington Metropolitan Area Transit Authority for closing all or part of a street or alley for the sole purpose of construction of transit facilities.

(f) An applicant who obtains a street or alley closing or a zoning density increase and who is required to construct or rehabilitate affordable housing pursuant to section 308b of the Comprehensive Plan (10 DCMR) [10 DCMR § 308b] shall not be issued a building permit for the applicant’s commercial development until the applicant certifies to the District either that a building permit has been issued for the required amount of affordable housing, or that the applicant has contributed sufficient funds to a housing provider to construct or rehabilitate the required amount of affordable housing.

(Mar. 10, 1983, D.C. Law 4-201, § 209, 30 DCR 148; Aug. 7, 1986, D.C. Law 6-133, § 2, 33 DCR 3625; Oct. 6, 1994, D.C. Law 10-193, § 3(c), 41 DCR 5536; Apr. 27, 1999, D.C. Law 12-275, § 4, 46 DCR 1441.)

Prior Codifications

1981 Ed., § 7-429.

Section References

This section is referenced in § 9-202.12.

References in Text

Section 308b of the Comprehensive Plan (10 DCMR) referred to in (f) is codified as § 308b of Title 10 of the D.C. Municipal Regulations.

Effective Dates

Section 4(b) of D.C. Law 10-193 provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in § 2-1002(a) and § 1-204.23.

Section 7(b) of D.C. Law 12-275 provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in § 2-1002(a) and § 1-204.23.

§ 9–202.10. Required notice of approval to affected property owners.

Except in the circumstances enumerated in § 9-202.05(1) through (6), following enactment of legislation ordering the closing of all or part of a street or alley, the Mayor shall give written notice to the owners of the property on both sides of the block(s) of the street to be closed or which abuts that entire alley, that the legislation has been approved by the Council and signed by the Mayor. This notice shall also indicate that any written objection by an interested party aggrieved by the closing must state how the person is aggrieved by the closing and must be filed with the Mayor within 30 days of the mailing of the notice.

§ 9–202.11. Judicial proceeding upon filing of objection; damages.

When an objection is filed with the Mayor as provided for in § 9-202.10, the Mayor shall institute a proceeding in rem in the Superior Court of the District of Columbia for the closing of the street or alley, or part thereof, and for the ascertainment of damages and the assessment of benefits resulting from the closing. The proceedings shall be conducted in the same manner as proceedings for the condemnation of land for streets and alleys pursuant to Chapter 13 of Title 16. Any damages awarded by the Court shall cover the administrative costs of the proceedings and shall be paid by the applicant for the closing, the applicant having the right, within a reasonable time to be fixed by the Court in its order confirming the verdict, to abandon the proposed closing without being liable for damages ordered by the Court. If no damages are awarded by the Court, the person who filed the objection shall pay the administrative costs of the in rem proceeding.

§ 9–202.12. Recordation of closing act and Surveyor’s plat; effects of recordation.

Following the effective date of an act ordering the closing of a street or alley, and following the finding by the Surveyor of compliance with any conditions required in the street or alley closing act pursuant to § 9-202.09 and following the payment of any damages awarded pursuant to § 9-202.11, the Surveyor shall record a copy of the street or alley closing act and the Surveyor’s plat in the Office of the Surveyor. Upon the recordation of the Surveyor’s plat, the street or alley, or part thereof, will be deemed closed and the title to the land shall revert to or be vested in fee simple to the record owners as shown on the plat. This land shall thereafter be assessable in all respects as all other real property in the District of Columbia. The right of the public to use the street or alley, and any proprietary interest of the United States or the District in the street or alley, or part thereof, shall cease, unless a temporary continued use is required by the Mayor. Upon the recordation in the Office of the Surveyor of a closing plat showing any easement or dedication of land for public purposes that has been established or accepted in an act closing a street or alley, or part thereof, the land encompassed by the easement or dedication shall thereafter be available for that public use.

§ 9–202.13. Disposition of closing act and plat.

Upon the recordation of the plat, the Surveyor shall send a copy of the act and the plat to the applicant and to the Director of the Department of Finance and Revenue.

§ 9–202.14. Fee schedule.

The Mayor shall establish a fee schedule to recover the costs associated with the consideration of an application to close all or part of a street or alley.

§ 9–202.15. Mayor to issue procedures for review by agencies and public utilities.

Within 6 months of April 29, 1998, the Mayor shall issue procedures to require that all administrative reviews by affected agencies and by the public utilities of all applications to close all or part of a street or public alley, including agency and utility procedures both prior to Council review and after enactment of the resolution, will be completed within a total period of no greater than 180 days from the date of application. This 180 day period shall not include the days that the resolution is pending in the Council.