National Capital Planning Act
40 U.S.C. §§ 8701 et seq.
This law establishes the Commission, defines its membership, and outlines the Commission’s core responsibilities: preparation of the Comprehensive Plan for the National Capital's Federal Elements, review of plans and projects for federal property, and preparation of the Federal Capital Improvements Program.
The Comprehensive Plan consists of two parts, a plan addressing federal development and facilities in Washington, DC and the environs (Federal Elements) and a plan addressing local development in the District of Columbia (District Elements). NCPC staff prepares and the Commission adopts the Federal Elements. The Federal Elements consist of broad-based policies intended to ensure consistent, coordinated development of federal facilities within the National Capital Region. The Commission uses the Federal Elements as the criteria by which it evaluates specific federal development plans and projects to either approve or provide recommendations on the plans and projects. The Mayor’s planning office (the District Office of Planning) prepares the District Elements for adoption by the Council of the District of Columbia. NCPC reviews the District Elements to ensure they don't negatively impact the federal government’s interests or functions in Washington. The Commission returns to the Council those policies that adversely impact federal interests with comments, and the Council may either revise the returned policies in accordance with Commission comments or prepare new, modified policies.
The broad-based policy nature of the Federal Elements frequently leads to further, in-depth analysis of a particular federal issue that culminates in an issue-specific plan. Examples of plans of this type include, without limitation, the Monumental Core Framework Plan, the Memorials and Museums Master Plan, and the SW Ecodistrict Plan.
Federal Agencies (40 U.S.C. §§ 8722(a), (b)(1) and (d))
The National Capital Planning Act requires federal agencies to submit project plans and development proposals for federal property to the Commission for review. Depending upon the project’s location (within or outside the District), the Commission either approves the project or provides recommendations (advisory authority). The Commission’s approval authority extends to review of federal agency projects that include, without limitation, buildings, uses, structures, and signage on federally owned-land in Washington, DC.
The Commission’s approval authority also extends to projects undertaken by non-federal agency applicants on federal land within the District of Columbia. Examples of non-federal agency applicants include, without limitation, the Smithsonian Institution, the Kennedy Center, and the National Gallery of Art. The Commission’s advisory authority extends to federal agency projects located on federally-owned land in the environs.
District Agencies (40 U.S.C. §§ 8722(b)(1) and (e))
In 1974, in recognition that development of District-owned land is not subject to local zoning, Congress amended the National Capital Planning Act to require Commission review of projects to include, without limitation, buildings, uses, structures, and signage on District-owned land, and depending upon the project’s location, to either approve or provide recommendations applicable to the project.
The Commission’s approval authority extends to projects within a geographic area known as the “central area.” The National Capital Planning Act requires NCPC and the District of Columbia to mutually agree on the definition of the central area. As currently defined, the central area consists of the Downtown and Shaw Urban Renewal Areas. Outside the central area, the Commission exercises advisory authority.
NCPC prepares and approves a six-year program of federal capital projects for consideration by the Office of Management and Budget (OMB) in its preparation of the President’s budget. Federal agency capital improvement projects are basically long-term projects requiring a relatively large sum of money, frequently invested over time, to acquire, develop, improve, and/or maintain an asset (such as land, buildings, security improvements, and roads).
To prepare the FCIP, NCPC solicits project proposals from federal agencies and evaluates proposals received for consistency with the Federal Elements, other NCPC plans and initiatives, approved installation master plans and policies, and local jurisdictions plans and policies. Based on this evaluation, staff compiles a list of projects and submits them to the Commission. The Commission approves the FCIP and authorizes its transmission to OMB.
NCPC reviews and provides recommendations to the District of Columbia Zoning Commission on the consistency of proposed text and map amendments with the Federal Elements.
NCPC possess several authorities related to the acquisition and disposal of land. These include acquisition of land for park, parkway, or playground purposes (40 U.S.C. § 8731); acquisition of land subject to limited rights reserved to the grantor (40 U.S.C. § 8732(a)); acquisition of land subject to permanent rights in the land adjoining park property to prevent use of the adjoining property in a manner detrimental to park use (40 U.S.C. § 8732(b)); approval of short term leases by the Secretary of the Interior of land acquired for park, parkway, and playground purposes when needed immediately for another public purpose (40 U.S.C. § 8733); and approval of the sale of land by the Secretary of Interior when the land is no longer needed for a public purpose (40 U.S.C. § 8735(a)).
Commemorative Works Act (CWA)
40 U.S.C. § 8901
Section 8905 of the CWA requires NCPC and the Commission of Fine Arts to review and approve the site and design for a commemorative work located on land under the jurisdiction of either the National Park Service or the General Services Administration in Washington, DC or its environs.
Section 8905 also creates the National Capital Memorial Advisory Committee (NCMAC) to advise the Secretary of Interior, the Administrator of GSA, Congress, and commemorative work sponsors on topics relating to commemoration. Consultation with NCMAC is the first step in the commemorative works review process since NCMAC must, among others, advise on the location of a commemorative work on the Mall. For purposes of the CWA, the Mall is the land area running between the U.S. Capitol to the Lincoln Memorial and the White House to the Jefferson Memorial.
Commemorative works on land owned by the Department of Defense or other federal agencies are outside the purview of the CWA, but require review as a federal project pursuant to the requirements of the National Capital Planning Act unless authorized by special legislation.
Occasionally, Congress passes special legislation authorizing a particular commemorative work or museum such as the National Museum of African American History and Culture. The special legislation may render the museum or commemorative work subject to NCPC review in accordance with the requirements of the CWA or prescribe a separate review procedure NCPC must follow.
Capper-Cramton Act
Capper-Cramton Act
(Act of May 29, 1930, Pub. L. No.72-284, 46 Stat 482 (May 29, 1930), as amended by the Act of August 8, 1946, Pub. L. No. 79-699, 60 Stat. 960 (1946), as amended by The National Capital Planning Act, Pub. L. No.82-592, sec. 10, 66 Stat. 781, 791 (July 19, 1952), as amended by Act of August 21, 1958, Pub. L. No. 85-707, 72 Stat. 705 (1958)).
The Capper-Cramton Act authorized
- The acquisition of land with federal funds for the George Washington Memorial Parkway on both sides of the Potomac River.
- The acquisition of certain enumerated stream valleys in Maryland and Virginia for park purposes with all land acquired to be titled in the name of the individual states or a designated park authority
- Authorized NCPC to enter into agreements with Maryland or Virginia to flesh out the financial, development and management terms for the acquired lands.
- Authorized acquisition of land in the Washington, DC for park, parkway and playground development.
Today, NCPC’s Capper-Cramton authority applies only in Montgomery and Prince George's Counties, Maryland for those designated stream valley parks acquired with Capper-Cramton funds and placed under the jurisdiction of the Maryland National Capital Parks and Planning Commission. Based on an agreement with this organization, the Commission’s authority over these lands extends to approval of development plans, amendments to development plans, and changes in use from parkland to non-parkland use.
Pennsylvania Avenue
Transfer of Pennsylvania Avenue Development Corporation Authorities
40 U.S.C. §§ 6701– 6716
Statutory Authority (40 U.S.C. §§ 6701– 6716)
The statutory provisions addressing the 1996 dissolution of the Pennsylvania Avenue Development Corporation (PADC) allocated the PADC authorities between General Services Administration (GSA), National Park Service (NPS), NCPC, and the District of Columbia. GSA received right, title and interest to PADC lands along with most of PADC’s primary responsibilities. NPS received right, title and interest in the parks, plazas, sidewalks, special lighting, trees, sculpture and memorials located within the Pennsylvania Avenue National Historic Site and maintenance responsibilities for the areas received. NCPC received PADC’s plan enforcement responsibilities. The District received jurisdiction of the Pennsylvania Avenue roadway from curb to curb.
Memorandum of Agreement
Memorandum of Agreement
The Memorandum of Agreement (MOA) among the General Services Administration, the Department of Interior-National Park Service and the National Capital Planning Commission (61 FR 41789 (August 12 1996)).
Following enactment of the legislation dissolving PADC, GSA, NPS, and NCPC executed a MOA to define the roles and responsibilities of the parties regarding future development and redevelopment of the avenue.
The MOA defined procedures and the role of each party in:
- Property redevelopment proposed by GSA.
- Property redevelopment in the form of major modifications proposed by a private property owner.
- Property redevelopment in the form of minor modifications proposed by a private property owner.
- GSA proposals for a plan, general and/or Square Guideline amendment.
- NCPC proposals for a plan, general and/or Square Guideline amendment.
- NPS proposals for a plan amendment.
- NCPC review of Building Permits.
NCPC plays an active role in each enumerated process. To implement its enforcement obligations, the MOA requires NCPC staff to review building permit applications and supporting plans submitted to NCPC by the District’s Department of Consumer and Regulatory Affairs to determine project compliance with the PADC Plan inclusive of the General and Square Guidelines.
Transfers of Jurisdiction
40 U.S.C. § 8124
This legislative enactment authorizes the transfer of jurisdiction over property owned by the federal or District governments within Washington, DC. Transfers may occur between two federal government agencies, between the federal government and District government agency, and between two District government agencies. The Commission must approve the transfer before it occurs. A transfer of jurisdiction does not change the ownership of the land transferred but merely the entity with custody and control over the underlying property.
Height of Buildings Act
Height of Buildings Act 1910
D.C. Code § 6-6010.5
(D.C. Code § 6-6010.5 (West 2001)), as amended by Act of May 16, 2014, Pub. L. 113-103, 128 Stat. 1155 (2014)).
The Height of Buildings Act imposes maximum heights on buildings within Washington, DC. It is implemented through the District’s Zoning Regulations for private property and through NCPC’s review of development proposals on federal property. On business streets, the act limits building height to the width of the street plus 20 feet with an absolute maximum of 130 feet except on the north side of Pennsylvania Avenue between First and Fifteenth Streets, NW where the act permits a maximum height of 160 feet. On residential streets, the act limits building heights to the width of the street minus 10 feet to a maximum height of 90 feet or 60 feet on streets with a width of 60 to 65 feet.
The act allows certain architectural features and penthouses and mechanical structures to extend above the maximum permitted height allowed by the act. Penthouses and buildings encompassing mechanical equipment can exceed the height limits of the act provided they are set back one foot from the exterior wall of the building on which they sit for each one foot of structure height. A 2014 amendment to the Height Act authorized the use of penthouses extending above the limits of height permitted by the act for human occupancy but limited the height of human occupied penthouses to one story 20 feet in height or less.
National Environmental Policy Act
42 U.S.C. §§ 4371 – 4375
40 CFR §§ 1500.1-1508.28
(NEPA) (42 U.S.C. §§ 4371 – 4375) and (CEQ)(40 CFR §§ 1500.1-1508.28).
The National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ)’s regulations require all federal agencies to determine whether their proposed actions cause significant environmental effects before they render a final decision on the action. Actions that trigger NEPA include, among others, approval of a project. This means NCPC as a federal agency must comply with the procedural requirements of NEPA when the Commission exercises approval authority. NCPC operates its NEPA program in accordance with agency specific regulations required by CEQ.
Unless a project fits within one of NCPC’s predetermined categorical exclusions (a category of actions that NCPC has determined does not individually or cumulatively have a significant effect on the environment), compliance with NEPA is achieved through preparation of an Environmental Assessment (EA) by a either a federal agency applicant with NCPC’s assistance or by NCPC for non-federal agency applicants with their assistance. The process culminates with the the issuance of a finding of no significant impact (FONSI).
Conversely, if the EA documents the existence of significant impacts, or the existence of significant impacts is anticipated in the early stages of project planning, NEPA compliance is achieved by preparation of an Environmental Impact Statement (EIS) by the federal agency applicant with NCPC assistance or NCPC for non-federal agency applicants with their assistance and issuance of a record of decision (ROD). Either process must be completed prior to the Commission’s consideration and approval of a proposed project.
Smithsonian Institution Agreement
Memorandum of Agreement
The Memorandum of Agreement (MOA) between the National Capital Planning Commission and the Smithsonian Institution codified how a NEPA assessment of projects submitted by the Smithsonian Institution will be conducted. The agreement describes to what degree an assessment will be made and that NCPC will serve as the NEPA lead, while the Smithsonian will be identified as the project owner.
National Historic Preservation Act
54 U.S.C. §§ 306107-306108
36 CFR §§ 800.1– 800.16
(54 U.S.C. §§ 306107-306108) and (ACHP)(36 CFR §§ 800.1– 800.16).
The National Historic Preservation Act (NHPA) and Advisory Council on Historic Preservation (ACHP) regulations require federal agencies to take into account the effects of their undertakings on historic properties. Both the NHPA and ACHP regulations define an undertaking as a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency including those carried out by, or on behalf of, a federal agency; those carried out with federal financial assistance; and those requiring a federal permit, license or approval. For those projects subject to Commission approval, NCPC has an obligation to comply with the procedural requirements of the NHPA and ACHP’s regulations.
NCPC typically participates in the NHPA-mandated “Section 106 Consultation Process” (so named because it was established by Section 106 of the NHPA) as a consulting party. This means NCPC actively participates in the process but is not the lead agency. Under some circumstances, NCPC must conduct the Section 106 Consultation Process as the lead agency. This occurs for non-federal agency projects requiring Commission approval (NHPA only applies to federal agencies) or for NCPC derived plans focused on a specific geographic area with detailed recommendations that render evaluation of historic impacts possible.
The Section 106 consultation process generally consists of four steps: (1) initiation of the process and establishment of the undertaking; (2) identification of historic properties; (3) assessment of adverse effects; and (4) the resolution of adverse effects.
Foreign Missions
The Commission exercises authority over chancery development on federal land pursuant to two legislative enactments – the International Center Act and The Foreign Mission Act.
The International Center Act
82 Stat. 958, 959
96 Stat. 101
(Act of October 8, 1968, Pub. L. No. 90-553, sec. 4, 82 Stat. 958, 959 (1968), as amended by Pub. L. No. 97-186, sec.4, 96 Stat. 101 (May 25, 1982))
The act authorized the creation of the International Chancery Center on a federally owned parcel of land in northwest Washington, DC bounded by Connecticut Avenue, NW; Van Ness Street, NW; Reno Road, NW; and Tilden Street, NW. The act authorized the Secretary of State to subdivide the parcel of land into individual lots and to lease individual plots to foreign governments and international organizations for chancery and headquarter development respectively. The act also authorized the Commission to review and approve the location, height, bulk, number of stories, and size of and provision for open space and off-street parking in and around proposed buildings.
The Foreign Missions Act
22 U.S.C. § 4306
(22 U.S.C. § 4306)
The Foreign Missions Act governs the location and development of chanceries in the District of Columbia. Pursuant to the Foreign Missions Act, chanceries located on private property are subject to review by a specially constituted District Board of Zoning Adjustment known as the Foreign Mission Board of Zoning Adjustment. Chanceries located on federally owned land, other than those at the International Chancery Center, which are regulated in accordance with the International Chancery Act, are subject to review by NCPC.
Both entities must evaluate chancery development in accordance with six enumerated criteria contained in the act. A Memorandum of Agreement between NCPC and the U.S. Department of State/Office of Foreign Missions outlines the review process and criteria by which the Commission must evaluate applications for chancery development on federal land at the Foreign Missions Center. This center is located on a portion of the former Walter Reed National Military Medical Center in Northwest Washington, DC.
The Foreign Missions Center Agreement
Memorandum of Agreement
(Memorandum of Agreement 2017)
The Memorandum of Agreement (MOA) between the U.S. Department of State/Office of Foreign Missions
and the National Capital Planning Commission codified how review of chancery development would occur at the new foreign mission enclave to be located on a portion of the old Walter Reed Army Medical Hospital in Northwest Washington DC. The new chancery enclave was named the Foreign Missions Center. The center was developed for use by foreign diplomatic missions as individual chancery sites. The underlying property for each chancery will remain in federal ownership, and the Department of State intends to lease sites to foreign countries on a long term basis. Under the MOA, the Commissioner will conduct the sole review of each proposed chancery using the six decision-making criteria contained in the Foreign Missions Act.
Miscellaneous Authorities
NCPC possess other authorities granted by special legislation or, because of a memorandum of agreement with certain entities. This type of authority extends, among others, to review of certain development such as:
- Review development on certain portions of Ronald Reagan Washington National Airport to protect views of the airport from the George Washington Parkway and the opposing shore of the Potomac (advisory authority). (9 U.S.C. §§491119(d) (2)(A)-(B)) (MOU)
- Review of development within a defined area at Dulles International Airport to ensure protection of the scenic gateway to the National Capital (advisory authority). (9 U.S.C. §§491119(d) (2)(A)-(B)) (MOU)
- Review of changes to the Washington Metropolitan Area Transit Authority (WMATA) Transit Plans (advisory authority) (DC Code § 9-1107.01)
- Review of development at Joint Base Anacostia-Bolling (JBAB) (advisory authority). (Pub. Law No. 93-166)
- Review of the final plan for development proposals at the Southeast Federal Center and any amendments thereto and review of development at the Southeast Federal Center to ensure design consistency with the approved plan (advisory authority). (Pub. Law No. 106-407)
Certain executive orders, presidential memorandum, and special legislation pertaining to federal agencies impact development of federal facilities. While NCPC lacks direct enforcement authority for these legal mandates, it generally seeks information from its federal agency applicants for their response thereto as part of the Commission review process. The Federal Elements contain information on a number of these legal requirements. During the NEPA process staff helps identify those executive orders and other legal requirements that must be addressed in an Environmental Assement or Environmental Impact Statement for a particular project.
49 U.S.C. §§491119(d) (2)(A)-(B)
MWAA & NCPC MOU
DC Code § 9-1107.01
Pub. Law No. 93-166
Pub. Law No. 106-407