DC lawmakers renew debate on city’s Height Act as mayor seeks to revive downtown
Cami Mondeaux
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Local lawmakers in Washington, D.C., are seeking to revitalize the downtown area and increase its affordable housing options. To do so, officials are looking to change an obscure yet enduring federal law: the D.C. Height of Buildings Act.
The Height Act was first enacted in 1899 to set a maximum height limit that would allow the firefighting equipment used at the time to reach the tops of buildings. The law was later amended in 1910 and has since been used as an urban design principle that allows people to see the Capitol building and Washington Monument from almost anywhere in the city, giving the district a boxy skyline.
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Under the Height Act, buildings located on commercial streets are limited to 130 feet, or roughly 13 stories, while residential buildings are limited to about 90 feet, or about 11 stories. The bill does allow an exception to buildings along Pennsylvania Avenue, which are permitted to go up to 160 feet, roughly 15 stories.
However, Mayor Muriel Bowser is proposing to rewrite the federal law to give the city a bit of leeway as part of her efforts to revitalize downtown D.C. by increasing the number of available residential units.
“We must and we will win back our downtown because it is the economic engine that allows us to invest in our schools, our safety net, and our public works — the proverbial goose that lays the golden egg,” Bowser said in early January. “We know we need more and bolder action. We will reach for new heights — not just with our buildings but with a renewed commitment and resources to attract great employers and good paying jobs.”
The proposal is part of Bowser’s “DC Comeback Plan” that seeks to strengthen the district’s neighborhoods and economy over the next five years. As part of that plan, Bowser set a goal to have 15,000 new residents move into the downtown area by 2028.
To do so, the city would need to add 7 million square feet of residential units, prompting Bowser to propose amending the law and allowing buildings on commercial streets to reach 160 feet instead.
Because Washington, D.C., is not a state, the local government does not have autonomy over city laws. As a result, every law that is passed by the D.C. Council is subject to congressional approval — reigniting the debate for statehood as Bowser seeks to raise building limits.
“Private and public sector developers in the District of Columbia face unique hurdles due to federal preemptions of what would be local decisions in any other jurisdiction,” wrote Ellen McCarthy, a professor at Georgetown University specializing in Urban and Regional Planning. “It is difficult to imagine any city or state in the Union agreeing to let Congress impose a limitation on the buildings constructed within its boundaries.”
Congressional oversight over urban design and development not only hampers the city government’s ability to make necessary changes, but also adds thousands of dollars in design costs, according to McCarthy.
However, some say the Height Act is at the core of what makes Washington, D.C., unique.
“A defining characteristic of our city is its horizontal skyline,” said D.C. Council Chairman Phil Mendelson, who has long opposed abolishing the Height Act. “Washington, D.C., is unique and beautiful in its own right and our horizontal skyline is a major factor.”
Going further, Mendelson argued changing the Height Act wouldn’t do much to accomplish Bowser’s goal as it’s only one obstacle blocking the city from constructing taller buildings. The district has a slew of zoning restrictions in place that are even more restrictive than the Height Act, meaning the city government would have to rewrite several laws in order to surpass the current limits.
Even if the district was able to abolish its height restrictions, the city would still face challenges in getting residents moved in by Bowser’s 2028 deadline.
“If we were to go with the development route … it could be years in the making, it could be a decade, and that should not be the strategy for rejuvenating downtown,” Mendelson said.
The federal government owns or leases roughly one-third of all buildings in downtown D.C., which have been largely vacant since the onset of the COVID-19 pandemic due to remote work opportunities. Bowser has called on Biden to either return federal workers to the buildings or turn them over to groups that will use them.
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As a result, Mendelson said local lawmakers should focus on repurposing that vacant office space to increase affordable housing options.
“How do we get that office space occupied either by businesses or by alternatives, which could be retail or residential?” Mendelson said. “What can we do that would incentivize or facilitate conversion of office buildings to residential? Increasing the Height Act is not the first or even the second or third or fourth strategy that comes to mind.”