The D.C. Council has recently enacted two new laws designed to impact the construction landscape within the District, emphasizing property owner protections, historic preservation, and environmental considerations.

The Protecting Adjacent and Adjoining Property Owners from Construction Damage Amendment Act of 2024 (D.C. Law 25-243) is a significant step in ensuring that construction activities do not negatively impact neighboring properties. This law mandates that property owners, contractors, or applicants seeking certain construction-related permits demonstrate that they have insurance coverage for damages that may occur to adjacent properties due to construction activities. The law is aimed at protecting property owners from the financial burden of damages resulting from alterations, underpinning, foundation work, or new building construction. It will apply to three specific types of permits: alteration and repair permits (particularly where underpinning or related activities occur), foundation permits, and new building permits. This law will be enforced 90 days following the implementation of rules by the mayor, and the city's legal teams will provide updates once the rules are finalized.

The second piece of legislation, the Protecting Historic Homes Amendment Act of 2024 (D.C. Law 25-239), amends the longstanding Historic Landmark and Historic District Protection Act of 1978. This update introduces a tiered civil fine structure for violations, where penalties are linked to the severity of the infraction. For willful actions like demolitions, alterations, or construction that violates historic preservation standards, fines will start at $10,000 per violation and can reach up to $25,000. The goal of this amendment is to deter unlawful activities that jeopardize the integrity of the District’s historic homes and landmarks. Additionally, the act incorporates provisions from the Migratory Local Wildlife Protection Act of 2022, which mandates that all new construction starting from January 1, 2025, must use bird-friendly materials in window glazing. This new rule aims to reduce the risk of bird strikes, a significant concern in urban areas.

These legislative updates reflect the city’s commitment to modernizing its construction practices while safeguarding both the environment and the historical heritage of Washington, D.C. The laws not only address the technical aspects of construction but also incorporate broader societal concerns, such as animal welfare and community protection.

For contractors and developers, it is critical to be aware of the new regulations and plan accordingly, particularly with the implementation of bird-friendly window materials for upcoming projects after the start of the new year. Additionally, as construction projects continue to be a major part of the city’s economic growth, ensuring compliance with these updated laws will be key to avoiding penalties and ensuring the preservation of Washington D.C.'s rich architectural legacy.