Restoration of Covenanted Roads and Alleys by the District Government Clarification Temporary Amendment Act of 2026
What changed between versions
The entire subject matter changed from covenanted roads/alleys to net-zero-energy building standards under the Green Building Act of 2006 and Clean Energy DC Building Code Amendment Act of 2022.
All provisions regarding the Mayor's authority to repair or restore private rights-of-way for District government motor vehicle passage, including conditions about trash removal service, owner consent, and releases of liability, are removed.
New definitions added for 'aquatic center,' 'Building Codes,' 'natatorium,' 'temporary building,' and 'Level 3 alteration' to clarify scope of the net-zero-energy requirements.
Exemptions from net-zero-energy standard added for: temporary buildings, additions less than 10,000 square feet, police/fire/emergency response/Office of Unified Communications facilities, natatoriums, and projects with all permits submitted before October 1, 2024 that were not submitted to GBAC before February 1, 2026.
Residential project requirements are now limited to 'new construction' only (previously applied more broadly), and renewable energy compliance is deferred until final regulations are issued by the Mayor.
The term 'substantial improvement' is replaced throughout with 'Level 3 alterations,' narrowing the trigger for net-zero-energy compliance to a specific alteration classification defined in the Building Codes.
On-site fuel combustion is prohibited for provision of thermal energy to buildings, except for backup power generation. Renewable energy must be generated at the building site wherever feasible.
The Mayor must issue final regulations by December 31, 2027 requiring all new construction or Level 3 alterations to meet net-zero-energy standards, and by December 31, 2026 prohibiting on-site fuel combustion for thermal energy in new construction and additions over 10,000 square feet.
No building permit application for new construction, additions over 10,000 square feet, or Level 3 alterations submitted after December 31, 2026 may be approved unless the design conserves energy equal to or greater than the 2024 International Energy Conservation Code.
Two prior temporary amendment acts are repealed: the Green Housing Coordination Temporary Amendment Act of 2025 (D.C. Law 26-90) and the Net Zero Modification and Preservation Temporary Amendment Act of 2026 (D.C. Law 26-123).
Reference to 'DCRA' (Department of Consumer and Regulatory Affairs) is changed to 'DOB' (Department of Buildings) in the residential project provisions.