Subchapter III-A. Sidewalk Installation, Safety, and Accessibility.

§ 9–425.01. Sidewalk installation requirements.

(a) For road segments that lack sidewalks on both sides of the street, road reconstruction, installation of a curb and gutter, or curb and gutter replacement shall include installation of a sidewalk on at least one side of the street.

(b) For roadways that are missing sidewalks, but are not undergoing major construction, sidewalk installation shall be prioritized for the following areas:

(1) Missing sidewalks in school areas;

(2) Routes that provide access to parks and recreational facilities;

(3) Transit stops;

(4) Locations where the absence of a sidewalk creates substantial pedestrian safety risks; and

(5) Roadway segments for which residents petitioned to have sidewalks.

(Sept. 24, 2010, D.C. Law 18-227, § 2, 57 DCR 6923; Dec. 24, 2013, D.C. Law 20-61, § 6062, 60 DCR 12472; Dec. 23, 2020, D.C. Law 23-158, § 3(a), 67 DCR 13057.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 substituted “road reconstruction, installation of a curb and gutter, or curb and gutter replacement” for “road reconstruction or curb and gutter replacement” in (a).

Applicability

Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 3(a) of D.C. Law 23-158 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 § 6062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 6062 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 6061 of D.C. Law 20-61 provided that Subtitle G of Title VI of the act may be cited as the “Priority Sidewalk Assurance Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

§ 9–425.01a. Crosswalk installation requirements. [Not Funded]

Not Funded.

§ 9–425.01b. Tactical safety project and bicycle lane conversions. [Not Funded]

Not Funded.

§ 9–425.01c. Continuous sidewalks, raised crosswalks, and raised intersections. [Not Funded]

Not Funded.

§ 9–425.02. Notice and design requirements.

(a) The Mayor shall provide notice to affected parties, the affected Advisory Neighborhood Commissions, and the Councilmembers of the affected Wards, prior to designing and constructing new sidewalks. At a minimum, this notice shall include:

(1) A statement of intent to design and construct a new sidewalk no less than 60 days before construction is scheduled, including a 30-day period for public comment on the proposed design;

(2) A statement of how affected parties can comment on the proposed sidewalk, including a statement on how Advisory Neighborhood Commissions can submit resolutions on the potential impact of the proposed sidewalk; and

(3) A construction schedule.

(b) The Mayor shall maintain for public review comments from affected parties received pursuant to subsection (a)(2) of this section and responses thereto.

(d) The recommendations of the affected Advisory Neighborhood Commission shall be given great weight, as that term is described in § 1-309.10(d)(3)(A).

(e) Whenever feasible, the Mayor shall consider pervious materials for the design and installation of sidewalks.

(f) For the purposes of this subchapter, the term “affected parties” means residents with property abutting the road segment under consideration.

(Sept. 24, 2010, D.C. Law 18-227, § 3, 57 DCR 6923; Dec. 23, 2020, D.C. Law 23-158, § 3(c), 67 DCR 13057; Dec. 21, 2022, D.C. Law 24-214, § 3(b), 69 DCR 14004.)

Applicability

Applicability of D.C. Law 24-214: § 4 of D.C. Law 24-214 provided that the change made to this section by § 3(b) of D.C. Law 24-214 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.

Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 3(c) of D.C. Law 23-158 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.

§ 9–425.03. Exemptions.

(a) The District Department of Transportation may be exempted from the requirements of this subchapter upon a written determination by the Director of the District Department of Transportation (“Director”) that it is impractical or unnecessary to install a sidewalk because:

(1) The physical site conditions would make it unduly expensive to construct the sidewalk;

(2) The sidewalk would not be used by pedestrians;

(3) The Director certifies that, due to the specific nature or design of the road segment under consideration, pedestrian travel can be safely accommodated without sidewalks, including travel by children and people with disabilities; or

(4) There would be damage to park land by the construction of the sidewalk on park land, or the District would be required to acquire an easement or property interest to establish the sidewalk.

(b) The written determination required in subsection (a) of this section shall be posted on the District Department of Transportation website and made available to the Council and the affected Advisory Neighborhood Commissions.