D.C. Mun. Regs. tit. 11, r. 11-3028

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 11-3028 - FINAL ACTION
3028.1

In a rulemaking under § 3021, to take final action to amend the text of the Zoning Regulations or the Zoning Map, the Commission may proceed following receipt of the report of the National Capital Planning Commission or after thirty (30) days of the referral required under § 3025, whichever is sooner; provided, that in no case shall the Commission take final action sooner than thirty (30) days after publication of the proposed rulemaking in the D.C. Register.

3028.2

In a rulemaking under § 3021, to take final action that does not amend the text of the Zoning Regulations or the Zoning Map, the Commission may proceed without referral to or report from the National Capital Planning Commission and without publication of proposed rulemaking in the D.C. Register.

3028.3

In a contested case under § 3022, to take final action to amend the Zoning Map or to approve planned unit development or air space development, the Commission may proceed following receipt of the report from the National Capital Planning Commission or after thirty (30) days of the referral required under § 3025, whichever is sooner.

3028.4

To take final action that does not amend the Zoning Map or that denies a planned unit development, the Commission may proceed without a referral to or report from the National Capital Planning Commission.

3028.5

The Commission shall issue its written order on an application or petition no later than forty-five (45) days after the Commission's vote to take final action on the application or petition.

3028.6

The final action of the Commission on an application or petition shall be in the form of a written order that shall be filed in the record.

3028.7

In a rulemaking proceeding under § 3021, the order shall be published in the D.C. Register as a final rulemaking action.

3028.8

In a contested case under § 3022, the order shall be accompanied by findings of fact and conclusions of law. The order shall be published in the D.C. Register. Prior to publication in the D.C. Register, copies of the order shall be served on any party who appeared and participated in the hearing in person or by authorized representative.

3028.9

A written order setting forth a final action shall become final and effective upon publication in the D.C. Register, unless the Commission specifies a later effective date. An amendment to the Zoning Map approved in connection with an application for a planned unit development shall, however, become effective only upon completion of the process required by chapter 24 of this title, and upon filing with the District of Columbia a covenant ensuring compliance with approved plans.

D.C. Mun. Regs. tit. 11, r. 11-3028

Final Rulemaking published at 46 DCR 7855, 7878-79 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8548-49 (October 20, 2000)