
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC121]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 121. Regulation of height, design, and construction of 
        private and semipublic buildings adjacent to public buildings 
        and grounds; building permits
        
    In view of the provisions of the Constitution respecting the 
establishment of the seat of the National Government, the duties it 
imposed upon Congress in connection therewith, and the solicitude shown 
and the efforts exerted by President Washington in the planning and 
development of the Capital City, it is hereby declared that such 
development should proceed along the lines of good order, good taste, 
and with due regard to the public interests involved, and a reasonable 
degree of control should be exercised over the architecture of private 
or semipublic buildings adjacent to public buildings and grounds of 
major importance. To this end, hereafter when application is made for 
permit for the erection or alteration of any building, any portion of 
which is to front or abut upon the grounds of the Capitol, the grounds 
of the White House, the portion of Pennsylvania Avenue extending from 
the Capitol to the White House, Lafayette Park, Rock Creek Park, the 
Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, The 
Mall Park System and public buildings adjacent thereto, or abutting upon 
any street bordering any of said grounds or parks, the plans therefor, 
so far as they relate to height and appearance, color, and texture of 
the materials of exterior construction, shall be submitted by the Mayor 
of the District of Columbia to the Commission of Fine Arts; and the said 
Commission shall report promptly to said Mayor its recommendations, 
including such changes, if any, as in its judgment are necessary to 
prevent reasonably avoidable impairment of the public values belonging 
to such public building or park; and said Mayor shall take such action 
as shall, in his judgment, effect reasonable compliance with such 
recommendation: Provided, That if the said Commission of Fine Arts fails 
to report its approval or disapproval of such plans within thirty days, 
its approval thereof shall be assumed and a permit may be issued.

(May 16, 1930, ch. 291, Sec. 1, 46 Stat. 366; July 31, 1939, ch. 400, 53 
Stat. 1144; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 
11669, 81 Stat. 951; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 
87 Stat. 789.)

                          Codification

    Section is also set out in D.C. Code, Sec. 5-410.


                               Amendments

    1939--Act July 31, 1939, inserted reference to Lafayette Park.

                          Transfer of Functions

    Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions 
of Board of Commissioners of District of Columbia transferred to 
Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 
of 1967. Office of Commissioner of District of Columbia, as established 
by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. 
L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and 
replaced by office of Mayor of District of Columbia by section 421 of 
Pub. L. 93-198, classified to section 1-241 of the District of Columbia 
Code. Accordingly, ``Mayor'' substituted in text for ``commissioner''.


            Area of Plats Requiring Certain Building Permits

    Section 2 of act May 16, 1930, provided that: ``Said Commissioners 
of the District of Columbia, in consultation with the National Capital 
Park and Planning Commission, as early as practicable after approval of 
this act [enacting this section], shall prepare plats defining the areas 
within which application for building permits shall be submitted to the 
Commission of Fine Arts for its recommendations.''
