Georgetown University Law Center



1238250-83821URBAN HEAT PROJECTCOMPILATION OF DISTRICT OF COLUMBIA AGENCY POLICY OPTIONS00URBAN HEAT PROJECTCOMPILATION OF DISTRICT OF COLUMBIA AGENCY POLICY OPTIONSChristina HenneckenSara HoverterApril 4, 2013Please do not post or circulate without permission. This report reflects the views of the authors and not Georgetown University or the District Department of the Environment. For questions of comments, please contact Sara Hoverter at smp32@law.georgetown.edu or 202-662-4233.The following is a chart-based compilation of legal authority and policy options for adapting to urban heat in the District of Columbia. The information is based on three memoranda explaining how the District can increase the use of cool paving, green roofing, and urban forestry. The memos themselves provide detailed legal analysis about agency authority, the relationships between agencies, and possible future action. The memos were organized based on categories of policy tools (government operations, incentives, mandates, and public education). The following charts lay out policy options and adaptation measures by District agency, alphabetically. Each agency’s chart includes a column describing adaptation measures the agency is “already doing,” a column indicating what the agency “could do today” within current authority, and a column for actions that require more authority. These “Need More Authority” columns refer to adaptation measures that require action by the Council. The Council chart is listed first as a summation of the actions that likely would need new legislation. Finally, some policy tools appear in multiple charts because they would reach maximum potential as joint efforts among multiple agencies. For these policy tools, the other agencies involved are listed in parentheses.-7620033685Council00CouncilGovernment OperationsAnacostia Waterfront tree canopy mandate for publicly owned and publicly financed projectsExpand tree canopy mandate to hotspots (in addition to stormwater management problem spots)Establish minimum tree canopy standardsOption: set aside 1% of capital projects budget for landscaping on District propertiesOption: set tree cover requirements based on total property acreageRequire that any trees removed from District property be replaced by a greater ration than 1:1.IncentivesLEED Standards for non-residential properties over 50,000 sq. ft. (Council)**Construction codes contain cool roofs provision requiring flat or low-sloping roofs to be covered with at least 75% energy efficient material.Expand the Green Building Act to apply to more types of properties**Allow DDOE and DCRA to give expedited permitting and land use density bonuses for development design that adds to tree canopyCreate a property tax credit based on expenses for installing green roofs on homes.Tax credits for preservation of large or significant trees during developmentTax legislation to freeze property values when owners plant a certain threshold amount of tree canopyMandatesCoal tar banUrban Forest Preservation Act: tree protection ordinance (trees with 40+ inch circumference)Tree Fund: min. $1,925 fee per tree removedMandate that asphalt used to pave privately owned parking lots and driveways be surfaced with light colored aggregateEnact changes to the construction codes expanding green roof provisionExpand Anacostia Waterfront tree canopy mandate to privately owned properties.Enact city-wide landscaping ordinance (basing planting requirements on development size)Amend Energy Efficient subtitle of DC Code to include shade trees for new developmentExpand Urban Forest Preservation Act to protect smaller treesIncrease required fees for tree removal to go to Tree FundPublic EducationEstablish a School Trees Program (like School Gardens Program) -76200-34925Department of Consumer and Regulatory Affairs00Department of Consumer and Regulatory AffairsGovernment OperationsPromulgate a rule creating design guidelines that promote green roofs (targeting areas most affected by urban heat) IncentivesExpedited Permit Review for Green Building Design and LEED Gold (DDOE)Construction codes contain cool roofs provision requiring flat or low-sloping roofs to be covered with at least 75% energy efficient material. (DDOE)Prioritize expedited permitting for projects that choose cool pavements as a way of meeting LEED standards or for projects using Green Roofs (DDOE)Create a zoning code review expedited permit program.Apply the Green Building Act to apply to more types of properties**Give expedited permitting and land use density bonuses for development design that adds to tree canopy (DDOE)MandatesPropose expanding the cool roof provision in the construction codesIncrease specified slopeIncrease require roof coverageMandate green roofs at hotspots Enforce potential changes to the construction codes expanding green roof provisions-7620089535Department of Environment00Department of EnvironmentGovernment OperationsStormwater Retention Volume Rates**Anacostia Waterfront tree canopy mandate for publicly owned and publicly financed projects (DCRA)Promulgate a rule for general albedo standards for public paving operations, targeting hotspotsApply Anacostia Waterfront tree canopy mandate to hotspots (in addition to stormwater management problem spots)Apply minimum tree canopy standardsOption: set aside 1% of capital projects budget for landscaping on District propertiesOption: set tree cover requirements based on total property acreageRequire that any trees removed from District property be replaced by a greater ration than 1:1.IncentivesLEED Standards for non-residential properties over 50,000 sq. ft. (Council)**Expedited Construction Permit Review for Green Building Design and LEED Gold (DCRA)Stormwater User Fee Discount of 55% for property owners who improve stormwater management (DC Water)**Strengthened Stormwater Volume Retention Rate requirements for projects over 5,000 sq. ft.**RiverSmart Homes permeable pavement grants landscaping rebatesRiversmart SchoolsCasey Trees Tree RebateGreen roof subsidy programConstruction codes contain cool roofs provision requiring flat or low-sloping roofs to be covered with at least 75% energy efficient material. (DCRA)Prioritize expedited construction permitting for projects that choose cool pavements as a way of meeting LEED standards or for projects using Green Roofs (DCRA)Increase the maximum discount for the stormwater user fee discount**Expand RiverSmart Homes to make apartments and condos eligible Make a grant program for non-residential projects that use cool pavementsExpand GAR requirements to give credit for the use of light-colored pavements (OP)Expand the green roof subsidy program to more than $5/sq.ft. and for projects larger than 5,000 sq.ft.Partner with Pepco and oversee Pepco’s tree giveaway to target hotspotsMake a grant program for tree planting through the Enterprise FundApply the Green Building Act to apply to more types of properties**Give expedited permitting and land use density bonuses for development design that adds to tree canopy (DCRA)MandatesStrengthened Stormwater Volume Retention Rate requirements for projects over 5,000 sq. ft.Promulgate a rule requiring high albedo levels for private paving projectsLimit impervious surfaces in the hottest areas or where serious stormwater management problems exist through the zoning code (OP, ZC)Expand GAR to include the use of light-colored pavements in its point system (OP, ZC)Apply Anacostia Waterfront tree canopy mandate to privately owned properties.Enact city-wide landscaping ordinance (basing planting requirements on development size)Amend Energy Efficient subtitle of DC Code to include shade trees for new developmentPublic EducationOnline Stormwater Guidebook with information about using permeable pavement Online tool GreenUp DC with information on planning green projects, including where to find contractors and information on District incentives List of green roof tours online.Webpage about green roofs.Green D.C. SchoolsMake information available online about the problem of urban heat and the benefits of light-colored pavement Run a media campaign about the benefits of cool pavement (DC Water)Hold a builders workshop educating private paving companies on the use of permeable pavementUse Green Building Fund to pay for a variety of education projects at the Mayor’s discretion**Organize green roof tours on District facilitiesExpand the list of available green roof tours at private propertiesMake tours a requirement for the green roof subsidy program.Give funding priority/more funding to subsidy program applicants who agree to give tours.Expand its website to provide more information about green roofs.Create a grant program for public education programs regarding protecting natural resources and runoff reduction.**Distribute brochures and flyers about urban heat adaptation**Direct human outreach to inform residents about the benefits of trees (UFA)Spotlight tree planting events (UFA)Examples: street trees or trees in park spaceCombined with tree giveaways and consultationsPartner with Pepco to include tree information in the mail with bill statementsDevelop Environmental Literacy Plan to include information on tree planting (DCPS)Establish a School Trees Program (like School Gardens Program) (DCPS, possibly UFA)-5270571755Department of General Services00Department of General ServicesGovernment OperationsPromotes green building by prioritizing contractors who fulfill or exceed current LEED standards for government facilities.**Use permeable or light-colored pavements in government facility parking lots (DGS)Prioritize green roofs on their facilities.Prioritize plans that include a minimum amount of tree canopyPublic EducationHelp DC Water create demonstration projects for its Clean Rivers Project.Give green roof tours.-38100-6350Department of Transportation00Department of TransportationGovernment OperationsGreen Alley Pilot Project Limestone Grey Concrete and Brick SidewalksCoal tar banUrban Forestry AdministrationPavement Removal ProgramComplete Streets Policy (prioritizes and allocates tree spaces)Use light pavements in general paving projects. Examples:white cement on sidewalks and parking lotsasphalt with light colored aggregate on roads and parking lotsUse permeable pavement in general paving projects (roads, sidewalks, shoulders, alleys, etc.)Start a Landscape Medians programSeek NCPC approval for design changes to the Downtown StreetscapeAmend Downtown Streetscape Regulations to allow for light-colored and permeable pavement on sidewalks in that area (NCPC)IncentivesUFA Green GrantMandatesDowntown Streetscape tree planting mandate in public right of wayUrban Forest Preservation Act: tree protection ordinance (trees with 40+ inch circumference)Tree Fund: min. $1,925 fee per tree removedUse Urban Forest Preservation Act to protect smaller treesIncrease required fees for tree removal to go to Tree FundPublic EducationGreen Alley Pilot Project demonstrating the effectiveness of permeable pavementUrban Forestry Assessment online (UFA)Canopy Keepers tree maintenance programExpand the Green Alley Pilot Project and better publicize completed alleys (DDOT) -85725-88265DC Housing Authority00DC Housing AuthorityGovernment Operations12 year sustainability plan encouraging green building materialsPrioritize green roofs on their facilities.Prioritize tree planting on their facilities.Go beyond Green Communities standards and ensure that surrounding properties have sufficient tree canopy.Public EducationHelp DC Water create demonstration projects for its Clean Rivers Project.Give green roof tours.2115341646DC Public Libraries00DC Public Libraries Government OperationsLibrary Building Program specifies that each library meet LEED standards; many have green roofs.Prioritize green roofs at all libraries.Share best practices for installing green roofs with DGS, DCHA, and DC Water.Public EducationHelp DC Water create demonstration projects for its Clean Rivers Project.Give green roof tours.-9525013970DC Water00DC WaterGovernment OperationsIncorporating green infrastructure into its facilities through new construction and renovations.Tree infiltration systemsClean Rivers ProjectPrioritize green roofs on its facilities.Give green roof tours.IncentivesStormwater User Fee Discount of 55% for property owners who improve stormwater management (DDOE)Low Impact Development program (for low income residents)Public EducationRun a media campaign about the benefits of cool pavement (DDOE)-100330-34925Historic Preservation Office00Historic Preservation OfficeGovernment OperationsModify its design guidelines to address green roofs Clarify how permit applicants can add green roofs to historic buildingsCreate a new set of design guidelines for green building features (w/HPRB approval)-13335062865Office of Planning00Office of PlanningGovernment OperationsAmend the zoning code to incorporate DDOE’s general albedo standards for public paving operations onto zoning overlays targeting hotspots (DDOE, ZC)IncentivesGreen Area Ratio requirement for small commercial properties and low-density residential areas (ZC)Expand GAR requirements to give credit for the use of light-colored pavements (DDOE)Draft an expedited permitting program for zoning code review in the updated zoning code, giving priority to green roofs.Expand existing Floor Area Ration bonus for green roofs in zoning code revisions to apply to more building types and/or more zoning districtsModify the GAR regulations to give more points for green roofs Modify the maximum height exception to promote green roofs MandatesZoning regulations allow for the use of permeable concrete and permeable asphalt (ZC)Green Area Ratio requirement for small commercial properties and low-density residential areas (ZC)Limit impervious surfaces in the hottest areas or where serious stormwater management problems exist through the zoning code (DDOE, ZC)Expand GAR requirements to affect more than small commercial and low-density residential areas (ZC)Expand GAR to include the use of light-colored pavements in its point system (DDOE, ZC)Draft provisions into the zoning code update that directly mandate green roofs.Draft environmental stewardship provisions into the zoning update that establish review criteria for more districts (similar to the Union Station North District criteria)Amend the zoning code to require that asphalt used to pave privately owned parking lots and driveways be surfaced with light colored aggregate-9525015240Zoning Commission00Zoning CommissionGovernment OperationsAmend the zoning code to incorporate DDOE’s general albedo standards for public paving operations, targeting hotspots. (DDOE, OP)IncentivesGreen Area Ratio requirement for small commercial properties and low-density residential areas (OP, ZC)**Floor Are Ratio Bonus for the Downtown Development Overlay District for green roofs.Create an expedited permitting program for zoning code review.Zoning Administrator could prioritize zoning code review for buildings with green roofs.MandatesZoning regulations allow for the use of permeable concrete and permeable asphalt (OP)Union Station North District Review Criteria: requiring permit applicants to demonstrate a high degree of environmental stewardship. (green roofs are listed)Tree and Slope Protection Overlay District (trees over 12 inches)Forest Hills Tree and Slope Protection Overlay DistrictLimit impervious surfaces in the hottest areas or where serious stormwater management problems exist through the zoning code (DDOE, OP)Expand GAR requirements to affect more than small commercial and low-density residential areas (OP)Expand GAR to include the use of light-colored pavements in its point system (DDOE, OP)Establish a Heat Island Overlay**More stringent tree and landscaping requirementsImpervious surface limits* ................
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