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_____________________________ 1
Chairman Phil Mendelson 2
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A BILL 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
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To amend, on an emergency basis, due to congressional review, Appendix N of Title 12-A of the 13
District of Columbia Municipal Regulations by ratifying and adopting certain sign 14
regulations previously issued by the Chairperson of the Construction Codes Coordinating 15
Board, the Director of the Department of Consumer and Regulatory Affairs, and the City 16
Administrator, amend An Act To regulate the erection, hanging, placing, painting, 17
display, and maintenance of outdoor signs and other forms of exterior advertising within 18
the District of Columbia, the Construction Codes Approval and Amendments Act of 19
1986, and the Sign Regulation Authorization Amendment Act of 2012 to clarify the 20
rulemaking process for sign regulations, and clarify the prohibition on off-premises 21
advertising in Appendix N of Title 12-A of the District of Columbia Municipal 22
Regulations. 23
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 25
act may be cited as the “Sign Regulations Congressional Review Emergency Amendment Act of 26
2023”. 27
Sec. 2. Adoption of previously promulgated sign regulations. 28
(a) The Council hereby amends Appendix N of Title 12-A of the District of Columbia 29
Municipal Regulations by ratifying and adopting each of the following emergency and final 30
rules, which are incorporated by reference here: 31
(1) The portion of the final rule adopted by the Chairperson of the Construction 32
Codes Coordinating Board on March 20, 2014, that promulgated Appendix N of Title 12-A of 33
the District of Columbia Municipal Regulations, which was published in the District of 34
Columbia Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published 35 2
in the District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at 36
61 DCR 5761; 37
(2) The portion of the emergency rule adopted by the Chairperson of the 38
Construction Codes Coordinating Board on May 7, 2014, that amended Appendix N of Title 12-39
A of the District of Columbia Municipal Regulations, which was published in the District of 40
Columbia Register on May 9, 2014, at 61 DCR 4760; 41
(3) The portion of the emergency rule adopted by the Chairperson of the 42
Construction Codes Coordinating Board on August 29, 2014, that amended Appendix N of Title 43
12-A of the District of Columbia Municipal Regulations, which was published in the District of 44
Columbia Register on August 29, 2014, at 61 DCR 8983. 45
(4) The portion of the final rule adopted by the Chairperson of the Construction 46
Codes Coordinating Board on December 15, 2015, that amended Appendix N of Title 12-A of 47
the District of Columbia Municipal Regulations, which was published in the District of 48
Columbia Register on January 2, 2015, at 62 DCR 103; 49
(5) The final rule adopted by the Director of the Department of Consumer and 50
Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register 51
on April 22, 2016, at 63 DCR 6082; 52
(6) The emergency rule adopted by the City Administrator on July 12, 2016, 53
which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000; 54
(7) The emergency rule adopted by the City Administrator on November 4, 2016, 55
which was published in the District of Columbia Register on November 4, 2016, at 63 DCR 56
13718; 57 3
(8) The emergency rule adopted by the City Administrator on March 3, 2017, 58
which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407; 59
(9) The final rule adopted by the City Administrator on June 30, 2017, which was 60
published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and 61
(10) The portion of the final rule adopted by the Chairperson of the Construction 62
Codes Coordinating Board on May 21, 2020, that promulgated Appendix N of Subtitle 12-A of 63
the District of Columbia Municipal Regulations, which was published in the District of 64
Columbia Register on May 29, 2020, at 67 DCR 5679. 65
(b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this 66
section shall apply retroactively to the date that the applicable notice of emergency or final 67
rulemaking issued by the City Administrator, Director of the Department of Consumer and 68
Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated 69
that the rule would take effect, and each such rule shall continue to apply after that date, except 70
to the extent that: 71
(1) The ratification and adoption of another rule listed in subsection (a) of this 72
section and made applicable after that date alters or supersedes the text of such rule; 73
(2) A rule duly issued after the effective date of this act alters or supersedes the 74
text of such rule; 75
(3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the 76
applicable notice of emergency rulemaking; or 77
(4) Such rule is altered or superseded by the amendment set forth in section 4. 78
Sec. 3. Clarification of sign rulemaking procedures. 79 4
(a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and 80
maintenance of outdoor signs and other forms of exterior advertising within the District of 81
Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21), is amended 82
as follows: 83
(1) Subsection (a) is amended as follows: 84
(A) Strike the phrase “The Mayor shall issue, amend, repeal and enforce 85
rules governing the hanging, placing, painting, projection, display, and maintenance of signs on 86
public space, public buildings, or other property owned or controlled by the District and on 87
private property within public view within the District” and insert the phrase “The Mayor, 88
pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 89
21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue a comprehensive 90
rulemaking to update the rules governing the hanging, placing, painting, projection, display, and 91
maintenance of signs on public space, public buildings, or other property owned or controlled by 92
the District and on private property within public view within the District, and the Mayor may 93
thereafter amend, repeal, and enforce such rules.” in its place. 94
(B) Strike the phrase “The proposed rules” and insert the phrase 95
“Proposed rules” in its place; 96
(C) Strike the phrase “The rules shall not” and insert the phrase “The 97
proposed rules shall not” in its place. 98
(2) A new subsection (c) is added to read as follows: 99
“(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of 100
this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations 101
regarding signs on public space, public buildings, or other property owned or controlled by the 102 5
District and on private property within public view within the District pursuant to section 10 of 103
the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. 104
Law 6-216; D.C. Official Code § 6-1409).”. 105
(b) The Construction Codes Approval and Amendments Act of 1986, effective March 21, 106
1987 (D.C. Law 6-216; D.C. Official Code § 6-1401 et seq.), is amended as follows: 107
(1) Section 4(b) (D.C. Official Code § 6-1403(b)) is amended by striking the 108
phrase “interior signs or” and inserting the phrase “signs, advertising devices, and” in its place. 109
(2) Section 10(a) (D.C. Official Code § 6-1409)(a)) is amended as follows: 110
(A) Strike the phrase “The Mayor may issue proposed rules to amend the 111
Construction Codes” and insert the phrase “The Mayor may issue rules to amend the 112
Construction Codes” in its place. 113
(B) Strike the phrase “The proposed rules” and inserting the phrase 114
“Proposed rules” in its place. 115
(C) Strike the phrase “The rules shall not” and inserting the phrase “The 116
proposed rules shall not” in its place. 117
Sec. 4. Clarification of the prohibition on off-premises advertising. 118
Section N101.6 of Appendix N of Title 12-A of the District of Columbia Municipal 119
Regulations is amended by striking the phrase “No sign subject to the provisions of Section 120
N101” and inserting the phrase “No sign subject to the provisions of Section N101, regardless of 121
whether a permit is or was required for the erection of the sign, and regardless of whether the 122
sign was subject to the provisions of Section N101 at the time of its erection,” in its place. 123
Sec. 5. Fiscal impact statement. 124 6
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 125
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 126
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 127
Sec. 6. Effective date. 128
This act shall take effect following approval by the Mayor (or in the event of veto by the 129
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 130
90 days, as provided for emergency acts of the Council of the District of Columbia in section 131
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 132
D.C. Official Code § 1-204.12(a)). 133