History of NCPC

In 1924, Congress established the National Capital Park Commission to preserve forests and natural scenery in and about Washington, to prevent pollution of Rock Creek and the Potomac and Anacostia Rivers, and to provide for the comprehensive development of the park, parkway, and playground system of the national capital.The agency was also responsible for acquiring lands to fulfill this responsibility.

In 1926, Congress renamed the agency the National Capital Park and Planning Commission and additionally charged the agency with comprehensive planning responsibilities for the capital.

With the passage of the 1952 National Capital Planning Act, Congress once again renamed the agency, this time as the National Capital Planning Commission (NCPC), the name the agency bears today. Congress designated NCPC as the central planning agency for the federal and District of Columbia governments for the National Capital Region, an area identified in the Planning Act. Congress also reiterated its charge to NCPC to preserve the region's important natural and historical features.

The last major change to NCPC's mandate occurred in 1973 when Congress passed the District of Columbia Home Rule Act. The Act delegated the planning responsibility for the District of Columbia to the city's mayor. The Home Rule Act maintains NCPC's role as the central planning agency for federal land and buildings in the National Capital Region, with an advisory role to the District for certain land use decisions.

Relevant Laws and Authorities. NCPC operates under many laws and authorities, which the agency also implements. Some of the laws most frequently used to guide the agency's work include:

National Capital Planning Act
This Act, described above, and set forth at 40 U.S.C. §8701 et seq., establishes the National Capital Planning Commission as the central planning agency for the federal government in the National Capital Region. The Act provides for the agency's essential functions, including development of a Comprehensive Plan for the National Capital Region; review of federal and some District of Columbia proposed developments and projects; review of District of Columbia zoning amendments; annual review of the Federal Capital Improvements Program and the District of Columbia Capital Improvements Program; and under its general planning authority the development of special planning projects.

Height of Buildings Act of 1910
This law, enacted in 1910 as 36 Stat. 452, is key to establishing and assuring the horizontal character of the national capital by setting maximum building heights that are in general controlled by street widths. The height limit on residential streets is 90 feet. In business areas, the building height is generally limited to the width of the adjacent street plus 20 feet. In addition, there is a general height limit of 130 feet, extended to 160 feet along certain portions of Pennsylvania Avenue.

Commemorative Works Act
The Commemorative Works Act, found at 40 U.S.C. §8901 et seq., specifies the requirements for development, approval, and location of new memorials and monuments in the District of Columbia and its environs. The Act preserves the urban design legacy of the historic L'Enfant and McMillan Plans by protecting public open space and ensuring that future monuments and memorials in areas administered by the National Park Service and the General Services Administration are appropriately located and designed. The Act provides an important role for NCPC in approving the site and design of commemorative works. The Act, when amended in 2003, established a Reserve, a zone on the National Mall where new commemorative works may not be located. NCPC called for the Reserve in its 2001 Memorials and Museums Master Plan.

District of Columbia Zoning Act
This law is set forth at D.C. Code §6-641.01 et seq. It authorizes the District of Columbia Zoning Commission to regulate the location, height, bulk, number of stories and size of buildings and other structures; lot occupancy; the sizes of open spaces; the density of population; and building and land uses. Federal buildings are exempt from zoning controls, but the Act mandates that NCPC serve on the D.C. Board of Zoning Adjustment, which hears many cases involving land near or affected by federal landholdings. The District of Columbia Zoning Commission has issued regulations implementing this law. The regulations may be found at: http://dcoz.dc.gov/info/reg.shtm

Foreign Missions Act
The Foreign Missions Act, 22 U.S. C. §4301 et seq., reaffirms the federal government's jurisdiction over the operation of foreign missions and international organizations in the United States. The Act establishes the criteria and procedures by which foreign missions may locate in the District of Columbia. It provides for NCPC's executive director to serve as a member of the D.C. Board of Zoning Adjustment when it considers applications by foreign missions.

International Center Act
This law, passed in 1968 and amended in 1982 (Section 1 of P.L. 90-553 (82 Stat. 958) and P.L. 97-186 (96 Stat. 101), authorizes the Secretary of State to sell or lease to foreign governments and international organizations federal property located within the International Center along Van Ness Street in Northwest Washington, D.C. Development plans for all chanceries in the 47-acre International Center are subject to NCPC's approval.

National Historic Preservation Act
This law, at 16 U.S.C. §470, establishes a program for preserving historic properties throughout the nation. By carrying out its obligations under this law, NCPC serves as a steward of the region's historic buildings, districts, landscapes, and views. A list of regulations can be found on the website of the Advisory Council on Historic Preservation. NCPC's Environmental and Historic Preservation Policies and Procedures may be found at http://www.achp.gov/

National Environmental Policy Act
The National Environmental Policy Act (NEPA), 42 U.S.C. §4321 et seq., requires federal agencies to consider potential environmental impacts of federal actions. Under NEPA, NCPC must undertake an environmental review to inform its analysis of project proposals. Environment is broadly defined by the act to include social, economic, and historic impacts as well as effects on the natural environment. Beginning at an early point in its decision-making process, NCPC considers the environmental and historic aspects of proposed actions that it reviews. The Council on Environmental Quality has issued helpful regulations and information on NEPA that may also be found at http://www.nepa.gov/. NCPC's Environmental and Historic Preservation Policies and Procedures may be found at /project/pg.asp?p=evenvironmental.

District of Columbia Home Rule Act
The District of Columbia Self-Government and Governmental Reorganization Act, known as the Home Rule Act, P.L. 93-198 (87 Stat. 774), and codified at D.C.Code §§1-101 et seq., made the mayor of the District of Columbia the chief planner for the city of Washington. As a result of the Home Rule Act, the District became responsible for its own planning, including social and economic development, land use, and housing and transportation policies. NCPC approves District projects in the central area of the city, reviews and advises on other District of Columbia projects and the District of Columbia elements of the Comprehensive Plan, and reviews and advises on amendments to city zoning regulations and maps.

Capper Cramton Act of 1930
The Capper Cramton Act, 46 Stat. 482, authorizes funding for the acquisition of lands in the District of Columbia, Maryland, and Virginia for the park and parkway system of the national capital. In the past, NCPC was charged with acquiring property for George Washington Memorial Parkway; stream valley parks in Maryland and Virginia; and the park, parkway, and playground system of the District of Columbia. The Act also requires that the development of the acquired land conforms to plans approved by NCPC.