Code of the District of Columbia

§ 42–3173.04. Designation of potential historic structure.

(a) Prior to posting, mailing, publishing, or filing a notice of initial determination under § 42-3173.05(b), the Mayor shall file with the Historic Preservation Review Board a notice which shall include the following information:

(1) The address of the deteriorated structure or, if the address is not available or does not adequately describe the location of the structure, a description of the location of the structure that is sufficient for its identification;

(2) A photograph of the structure clearly documenting the appearance of the structure and its immediate surroundings; and

(3) A statement that the Mayor intends to make a determination that the structure is a deteriorated structure.

(b) Within 60 days after receiving the notice from the Mayor, the Historic Preservation Review Board shall make a preliminary determination whether or not there is a substantial possibility that the structure is eligible for designation as a historic landmark or a contributing building in a historic district.

(c) The Mayor shall not issue a notice of initial determination under § 42-3173.05 and shall not demolish a structure under this subchapter unless:

(1) The structure is not a historic landmark, a contributing building in a historic district, or a structure for which the Historic Preservation Review Board has made a preliminary determination that there is a substantial possibility that the structure is eligible for designation as a historic landmark or a contributing building in a historic district;

(2) The structure is a historic landmark or a contributing building in a historic district, or the Historic Preservation Review Board makes a preliminary determination that there is a substantial possibility that the structure is eligible for designation as a historic landmark or a contributing building in a historic district, and:

(A) The Mayor determines, pursuant to the procedures and standards of subchapter I of Chapter 11 of Title 6, that demolition of the structure is necessary in the public interest, as provided in § 6-1104(e); or

(B) The Mayor intends to enclose, but not demolish, the structure; or

(3) The Historic Preservation Review Board does not make a determination under subsection (b) of this section within 60 days after receiving the notice filed by the Mayor under subsection (a) of this section, and the structure is not a historic landmark or a contributing structure in a historic district.


(Apr. 27, 2001, D.C. Law 13-281, § 444; as added Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468.)

Section References

This section is referenced in § 42-3173.02, § 42-3173.05, and § 42-3173.07.