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At the request of District of Columbia Mayor Muriel Bowser, Chairman Phil Mendelson on Oct. 3, 2025, introduced the Zoning Decision Appeals Amendment Act of 2025 (B26-0397, the Act). The Act would amend the District of Columbia Administrative Procedures Act to streamline zoning appeals and reduce bad faith actions that inhibit the District's ability to provide new housing and retail and community amenities. The proposed legislation is partially in response to projects that have been abandoned over the past few years as appeals – despite being unsuccessful – delayed project starts by two to three years.
Under the Act, judicial review of Zoning Commission, Board of Zoning Adjustment and Mayor's Agent decisions would be available only to individuals who obtained party status in the underlying proceeding or live within 200 feet of the subject property and participated in the underlying case.
The legislation requires filing of appeals to be made within 30 days of the decision. The petition for review must demonstrate specific facts proving individualized harm suffered, show that such facts were presented during the underlying proceeding and demonstrate that such harm is capable of being redressed by a favorable decision of the court.
The legislation also allows a court to require a petitioner to post bond during an appeal (up to $250,000) to account for the costs of possible delays. Additionally, it permits a court to order reimbursement of attorneys' fees or other costs incurred (up to $50,000) if the court finds that the appeal was frivolous or filed for an improper purpose.
The Act was referred to the D.C. Council Committee of the Whole on Oct. 7, 2025, and a Notice of Intent to Act was published in the D.C. Register on Oct. 10, 2025. A public hearing has not yet been scheduled.
Should you have additional questions or would like more information, please contact the author or another member of the D.C. and Northern Virginia Land Use Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
