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MURIELBOWSERMAYOR
December8,2025
The HonorablePhilMendelson
Chairman
Councilof theDistrictof Columbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW, Suite504
‘Washington,DC 20004
Dear Chairman Mendelson:
EnclosedforconsiderationandenactmentbytheCounciloftheDistrictofColumbiaisa bill
entitled“UrbanAgricultureAmendmentActof2025”.
Thebillwillamendsection47-868oftheDistrictofColumbiaOfficialCodeto,forthepurposesoftheurbanfarmrealpropertytaxcredit,permitcropsotherthanproduce,removetheoptiontogrowcropsdirectlyinsitesoil,andrequirethatthecropsmayhaveonlyminimalcontactwithsitesoil;amendtheFoodProductionandUrbanGardensProgramActof1986to,forpurposesoftheUrbanFarmingLandLeaseProgram,removetheoptiontogrowcropsdirectlyinsitesoilandprovidethatthecropsmayhaveonlyminimalcontactwithsitesoil;and,forpurposesofurbanfarmprograms,expandthedefinitionof“crops”toincludebothproduceandhorticulturalproductsandclarifythedefinitionof“urbanfarm”,
Iam proposingthislegislationtoexpandprogramaccessbeyondediblecropproductiontoencouragemorefarmingandbetterachievetheDistrict’sgoalsofusingmoreurbanlandfor
farming.Additionally,thelegislationaddressespublichealthconcemsaboutlevelsofheavymetalsinsitesoilandclarifiesthaturbanfarms,forpurposesoftheprogramsdescribedabove,are
tobemanagedbyentitiesasopposedtoindividuals.
TurgetheCounciltotakepromptandfavorableactionontheenclosedlegislation,
Sincerely,
MfrielBawser
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A BILL
~'I>hilMendelson
at the request of the Mayor
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend section 47-868 of the District of Columbia Official Code to, for the purposes of the
urban farm real property tax credit, pe1mit crops other than produce, remove the option to
grow crops directly in site soil, and require that the crops may have only minimal contact
with site soil; and to amend the Food Production and Urban Gardens Program Act of
1986 to, for purposes of the Urban Farming Land Lease Program, remove the option to
grow crops directly in site soil and provide that the crops may have only minimal contact
with site soil, and to, for purposes of urban fa1m programs, expand the definition of
"crops" to include both produce and horticultural products and clarify the definition of
"urban farm".
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the "Urban Agriculture Amendment Act of 2025".
Sec. 2. Section 47-868 of the District of Columbia Official Code is amended as follows:
(a) Subsection (a) is amended by striking the phrase "Except as provided in subsection
(b) of this section," and inserting the phrase "Except as provided in subsection (b) of this section,
and subject to the limitation set forth in D.C. Official Code § 48-402.02," in its place.
(b) Subsection (f)(3) is amended to read as follows:
"(3) Before certifying that a property is eligible for a real property tax abatement
pursuant to this section, the Department shall ensure, at a minimum , that during the period of
time for which the tax abatement is requested by the real property owner :
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“(A) The urban farm will not grow crops in the site soil of the property but 35
instead will use raised beds, greenhouses, hydroponic towers, or other similar growing methods; 36
“(B) There will be only minimal contact between the crops and the site 37
soil; and 38
“(C) The real property will be continuously in use as an urban farm, 39
pursuant to an approved annual planting plan.”. 40
(c) Subsection (g) is amended by striking the phrase ““urban farm”, “substantially free of 41
contamination”, and “produce”” and inserting the phrase ““urban farm” and “crops”” in its place. 42
Sec. 3. The Food Production and Urban Gardens Program Act of 1986, effective February 43
28, 1987 (D.C. Law 6-210; D.C. Official Code § 48-401 et seq.), is amended as follows: 44
(a) Section 2 (D.C. Official Code § 48-401) is amended as follows: 45
(1) Paragraph (1) is amended to read as follows: 46
“(1) “Crops” means produce or horticultural items.”. 47
(2) New paragraphs (1A) and (1B) are added to read as follows: 48
“(1A) “Department” means the Department of Energy and Environment. 49
“(1B) “Entity” means an entity as defined in D.C. Official Code § 29-101.02(10) 50
or a sole proprietorship.”. 51
(3) Paragraph (2) is amended to read as follows: 52
“(2) “Horticultural items” means plants or plant parts that are grown and 53
cultivated using horticultural techniques, that are not produce, such as cut flowers, decorative 54
plants, or landscape plants.”. 55
(4) A new paragraph (2A) is added to read as follows: 56
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“(2A) “Horticultural techniques” means the scientific, artistic, and technological 57
methods used to cultivate and manage an agricultural space, such as hydroponics, container 58
farming, vertical farming, or growing in greenhouses or raised beds.”. 59
(5) Paragraph (3) is amended by striking the phrase “produced” and inserting the 60
word “grown and cultivated” in its place. 61
(6) Paragraph (3A) is repealed. 62
(7) Paragraph (4) is amended to read as follows: 63
“(4) “Urban farm” means any property in the District, except for backyard or 64
community gardens, that: 65
“(A) Is used for growing, cultivating, and processing crops; and 66
“(B) Is managed by an entity that either distributes or sells the crops 67
primarily for public consumption or operates the property for educational purposes as part of the 68
entity’s established curriculum.”. 69
(b) Section 3a (D.C. Official Code § 48-402.01) is amended as follows: 70
(1) Subsection (b)(2) is repealed. 71
(2) Subsection (c)(1) is amended to read as follows: 72
“(1) At the time of submission of an application: 73
“(A) In the case of an applicant that is a sole proprietorship, be a resident 74
of the District; or 75
“(B) In the case of an applicant that is a type of entity other than a sole 76
proprietorship, be organized or incorporated in the District.”. 77
(3) Subsection (d) is amended as follows: 78
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(A) Paragraph (1) is amended by striking the phrase “14 years;” and 79
inserting the phrase “14 years; and” in its place. 80
(B) Paragraphs (2) and (3) are repealed. 81
(C) Paragraph (4) is amended to read as follows: 82
“(4) Permit the sale or distribution, on or off the leased property, of crops grown 83
at the property when the lessee: 84
“(A) Does not plant in or use the site soil, but instead uses raised beds, 85
greenhouses, hydroponic towers, or other similar growing methods; and 86
“(B) Ensures that crops make only minimal contact with the site soil.”. 87
Sec. 4. Fiscal impact statement. 88
The Council adopts the fiscal impact statement in the committee report as the fiscal 89
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 90
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 91
Sec. 5. Effective date. 92
This act shall take effect following approval by the Mayor (or in the event of veto by the 93
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 94
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 95
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 96
Columbia Register. 97
Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: May 30, 2025
SUBJECT: Fiscal Impact Statement – Office of Urban Agriculture Amendment Act
of 2025
REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on April 21,
2025
Conclusion
Funds are sufficient in the proposed revised fiscal year 2025 budget and proposed fiscal year 2026
through fiscal year 2029 budget and financial plan to implement the bill.
Background
The Department of Energy and Environment (DOEE) manages the District’s urban farming programs.
DOEE’s efforts include operational support, real property tax abatements, and working with the
Department of General Services to lease District-owned lands to urban farms.1
The bill amends the eligibility for both tax abatements and the Urban Farming Land Lease Program.
The bill expands the type of products that can be grown to be eligible for both the tax abatement and
land lease program to include all crops, which is both produce and other horticultural items.2 The bill
prohibits from eligibility for both programs farms that grow crops in the site soil and requires that
any products grown have minimal contact with the site soil. This means that the crops must be grown
in raised beds, greenhouses, hydroponic towers, or other similar growing methods. The bill requires
that an urban farm be controlled by an entity and not an individual for purposes of both programs. If
1 Food Production and Urban Gardens Program Act of 1986, effective February 28, 1987 (D.C. Law 6-210; D.C.
Official Code § 48-401 et seq.).
2 Horticultural items include plants and plant parts that are not produce.
The Honorable Phil Mendelson
FIS: “Office of Urban Agriculture Amendment Act of 2025,” Draft Bill as provided to the Office of Revenue
Analysis on April 21, 2025
Page 2 of 2
the entity is a sole proprietor, then they must be a District resident. For any other entity, they must
be organized or incorporated in the District.
Financial Plan Impact
Funds are sufficient in the proposed revised fiscal year 2025 budget and proposed fiscal year 2026
through fiscal year 2029 budget and financial plan to implement the bill. The tax abatement program3
is capped at $90,000 annually. The bill’s eligibility changes will eliminate urban farms that grow in
the site soil and restrict ownership structures, but they also expand the types of urban farms by
including horticultural items as a type of crop that can be grown. These changes will expand the
number of applications, but will not change the $90,000 cap on tax abatements. Additionally, by
eliminating the ability to grow crops in site soil, DOEE will no longer be required to test a property’s
soil. DOEE has only tested one farm’s soil since the inception of the program and does not have a
dedicated budget line-item for soil testing, so any savings will be de minimis.
3 Since the tax abatement program began over six years ago, DOEE has approved over $380,000 in abatements
across more than twenty-five different properties.
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 262-6402 Email: adele.el-khouri@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division
DATE: March 24, 2025
RE: Office of Urban Agriculture Amendment Act of 2025
(AE-24-350-B)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
legislation entitled the “Office of Urban Agriculture Amendment Act of 202 5” and determined that
it is legally sufficient. If you have any questions, please do not hesitate to call me at (202) 262-6402.
_________________________________
Adele El-Khouri