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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 40 U.S.C. § 8104 Regulation of private and semipublic buildings adjacent to public buildings and grounds us united_states_code code_section 40 PUBLIC BUILDINGS, PROPERTY, AND WORKS 81 ADMINISTRATIVE 8104 40 U.S.C. § 8104 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc40@119-100.zip /us/usc/t40/s8104 data/legal/raw/us/code/title-40/usc40.xml 687372f92fde162233b2be0038a5b7d74938ca34540209510a633ea4cbe997a3 9e671d5f37f9148634c9ba568a4c16d4864b567130b66bcf607f680414560a29 aa2e5904455004fe5b692987bba2e954e107fcd17be55aaad5e548f4208cb806 2026-07-04 official
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40 U.S.C. § 8104 - Regulation of private and semipublic buildings adjacent to public buildings and grounds

Text

(a) Factors for Development.— In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the 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.

(b) Submission of Application to Commission of Fine Arts.— The Mayor of the District of Columbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part 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, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction.

(c) Report to Mayor.— The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values belonging to the public building or park. If the Commission fails to report its approval or disapproval of a plan within 30 days, the report is deemed approved and a permit may be issued.

(d) Action by the Mayor.— The Mayor shall take action the Mayor decides is necessary to effect reasonable compliance with the recommendation under subsection (c).

(Pub. L. 107217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109284, § 6(22), Sept. 27, 2006, 120 Stat. 1213.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 810440:121.May 16, 1930, ch. 291, § 1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144. In this chapter, the word “Mayor” is substituted for “Commissioners” [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to “Commissioner” (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93198, 87 Stat. 789). In subsection (a), the words “it is hereby declared that” are omitted as unnecessary. In subsection (b), the words “To this end, hereafter” are omitted as unnecessary.

Editorial Notes

Amendments2006—Subsec. (b). Pub. L. 109284 substituted “Commission of Fine Arts” for “Commission on Fine Arts”.