The Historic Review Process FAQs
How long does historic review take?
The Historic Preservation Review Board (HPBR) meets once a month to review permit applications. Applications made by the fourth Thursday of the month are scheduled for a meeting on the fourth Thursday of the following month. Most cases are reviewed in this one-month period, but complex cases may require reconsideration by HPRB. In some instances when workload is extremely heavy, HPRB may defer some cases to the following month.
Can this time period be shortened?
Not for cases where HPRB review is required under the preservation law. Every effort is made to handle cases expeditiously, and most are reviewed in well under the 120 days allowed by law. Complete, well-documented applications help to ensure a speedy review. It is also advisable to anticipate the filing deadlines for HPRB review when preparing a permit application.
What about minor work?
Some minor work not affecting the exterior appearance of a historic property can be cleared "over-the-counter" by HPO staff. Such items are limited to minor repairs, in-kind replacements, temporary signage, replacement of air conditioning equipment, installation of rooftop vents and mechanical equipment, and other negligible changes. There is no fee for these reviews.
Are applicants required to notify their neighbors of proposed work?
Applicants are not required to provide notice to neighbors, although this may be advisable as a courtesy. HPO and Permit Processing staff provide public notice of pending cases to Advisory Neighborhood Commissions and all persons who have requested inclusion on the HPRB mailing list.
How does the HPO staff conduct its review?
HPO staff evaluates the application to determine whether the proposed work is compatible with the character of the historic property. The staff contacts the applicant to address questions and discuss modifications, if any, that are recommended to the proposed scope of work. The staff may also consult with community organizations or other interested parties. The staff attempts to resolve any outstanding issues in consultation with the applicant so that projects can be recommended for approval by HPRB. To ensure consistent review of all applications, HPO also conducts an internal staff "peer review" of cases prior to the HPRB meeting. Once the staff has completed its review, it prepares a written report for HPRB. Staff reports are available to the public five days before the meeting.
Which staff member is responsible for permit review or inspections of work in my historic district?
A list of historic district assignments with staff contacts is available by selecting the link below.
If a proposal is modified, is a new application required?
No. If the HPO staff and applicant agree on changes to an application, these changes can generally be incorporated into the application without refiling for review.
What role do community organizations play?
The HPO staff is available to review applications with any community group or interested party prior to HPRB meetings. Some community organizations conduct this review on a regular basis. Community representatives and interested parties may also participate in HPRB meetings. If an Advisory Neighborhood Commission requests that consideration of a case be deferred to allow sufficient time for consideration by the ANC, the HPRB's policy is to honor the request in accordance with its obligation to give sufficient notice and "great weight" to ANC views.
How does the Historic Preservation Review Board conduct its review?
HPRB considers applications at monthly public meetings. Projects are handled in two ways:
- The Consent Calendar
If the HPO staff and applicant are in agreement, and the project is not controversial, the proposal is placed on the consent calendar, with a recommendation for "approve as submitted" or with mutually acceptable changes. Consent calendar cases are approved without a hearing, and applicants need not be present.
- The Agenda
Prior to each meeting, the HPO staff determines which applications are placed on the agenda for review. Generally, these projects are those of major importance or controversial nature. At the HPRB meeting, the owner or architect is expected to make a presentation to the Board. The staff delivers its report, and representatives of Advisory Neighborhood Commissions and community organizations, as well as interested persons, may speak favorably or in opposition to the project. The Board members then discuss the case and vote on whether to make a favorable recommendation to the Mayor's Agent, recommend changes or restudy, or recommend disapproval.
What is the standard by which applications are evaluated?
Proposals are evaluated for consistency with the purposes of the preservation law. These purposes are to retain and enhance historic properties, to encourage their adaptation for current use, and to ensure that changes to designated properties are compatible with their historic character.
What happens if the HPRB recommends in favor of granting a permit?
Once the HPRB has recommended in favor of an application, it is sent to the Mayor's Agent for signature. After the permit is signed and returned to the Permit Processing Division, the applicant returns to complete the remaining code reviews, including mechanical, structural, and electrical approval. When the application has received all necessary clearances, and the fee is paid, the permit is issued and construction can begin.
What happens if the HPRB recommends that the construction permit not be granted?
If HPRB recommends against an application, the staff notifies the applicant in writing of the recommendation and of his right to request a public hearing before the Mayor's Agent. The applicant has ten days after receipt of this notice to request a hearing.
On what grounds can the property owner plead his case at the Mayor's Agent hearing?
The property owner can request a hearing before the Mayor's Agent on any or all of the following grounds:
- The project is consistent with the purposes of preservation law;
- The permit is necessary to construct a project of special merit; or
- Failure to issue the permit would cause the owner unreasonable economic hardship.
Special merit means that a project provides significant benefits to the community on the basis of exemplary architecture, specific features of land use planning, or other high priority social or community services.
Unreasonable economic hardship means that the failure to issue a permit would amount to a taking of the owner's property without just compensation, or in the case of a low-income owner, would impose an onerous and excessive financial burden. The Georgetown University Law Library has published a partial list of Mayor's Agent decisions.
How does the Mayor's Agent hearing proceed?
The HPO staff gives public notice at least thirty days before the Mayor's Agent hearing. Notice is sent to the applicant, owners of abutting property, the affected Advisory Neighborhood Commission, and all those listed on the HPRB mailing list. At least twenty days before the hearing, the applicant must file a statement of the grounds on which he is proceeding. The hearing is conducted in accordance with the Mayor's Agent's Rules of Procedure (10 DCMR 25), copies of which are available at the HPD.
After the hearing, the Mayor's Agent issues a written decision which is effective fifteen days later. There is no provision for administrative appeal of a decision by the Mayor's Agent; appeals may be pursued through the judicial process.
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