Councilmember Kevin Chavous
A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
To prohibit, on an emergency basis, the issuance of permits allowing the construction
or expansion of any telecommunications tower which will reach a height of 150 feet or more
until the Mayor formulates a policy on the location and other parameters for construction
of telecommunications structures and the Council has approved the policy.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Moratorium on the Construction of Certain Telecommunications Towers Emergency
Act of 2001."
Sec. 2. Moratorium on the issuance of permits.
(a) No District of Columbia government agency shall issue any permit for the
construction or expansion of any telecommunication structure which will reach a height of
150 feet or more, until the Mayor formulates a policy, in accordance with subsection (b)
of this section, on the location and other parameters for construction of
telecommunications structures.
(b) The Mayor shall formulate the policy within 180 days of the effective date of this
act, and shall transmit the policy to the Council for a 30-day period of review, excluding
holidays, weekends and days of Council recess. If the Council does not approve or
disapprove the policy by resolution within this 30-day review period, the policy shall be
deemed approved. The policy shall include a consideration of:
(1) The location of the telecommunications structure in relation to residential areas
of varying density, to recreational areas, and to areas of fragile eco-systems;
(2) The size of the lot on which the telecommunications structure is to be located;
(3) The level of noise, electromagnetic radiation, and other types of emissions and
environmental pollutants expected to be occasioned by the telecommunications structure in
relation to the community;
(4) The impact of the telecommunications structure on the property values of the owners
of properties adjacent to, and surrounding the telecommunications structure;
(5) The impact of the telecommunications structure on pedestrian and vehicle traffic;
(6) The impact of the telecommunications structure on the character of nearby historic
properties, and national and local parklands; and
(7) Any other criteria that shall serve to ensure the protection of residential
neighborhoods and commercial centers, and the health and safety of the residents and
workers in the District of Columbia.
Sec. 3. Fiscal impact statement.
Sec. 4. Effective date. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council to override the veto) and
approval by the Financial Responsibility and Management Assistance Authority as provided
in section 203(a) of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)),
and shall remain in effect for no longer than 90 days, as provided for emergency acts of
the Council of the District of Columbia in section 412(a) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Code §1-229(a)).