Restoration of Covenanted Roads and Alleys by the District Government Clarification Temporary Amendment Act of 2026

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Chairman Phil Mendelson 6
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A BILL 8
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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To amend, on a temporary basis, the Restoration of Covenanted Roads and Alleys by the District 15
Government Act of 2024 to further clarify the District’s authority to repair or restore 16
certain private rights-of-way to a condition appropriate for the passage of motor vehicles 17
owned or operated by the District government. 18
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
act may be cited as the “Restoration of Covenanted Roads and Alleys by the District 21
Government Clarification Temporary Amendment Act of 2026”. 22
Sec. 2. Section 2 of the Restoration of Covenanted Roads and Alleys by the District 23
Government Act of 2024, effective March 28, 2025 (D.C. Law 25-320; D.C. Official Code § 9-24
401.19), is amended as follows: 25
(a) Subsection (c) is amended as follows: 26
(1) The lead-in language is amended by striking the phrase “this section” and 27
inserting the phrase “subsection (a) of this section” in its place. 28
(2) Paragraph (2) is amended by striking the phrase “, and impose such other 29
conditions as the Mayor deems appropriate.” and inserting the phrase “as the Mayor deems 30
appropriate.” in its place. 31
(b) New subsections (e) and (f) are added to read as follows: 32
“(e)(1) The Mayor may also repair or restore a private right-of-way to such condition as 33
the Mayor deems appropriate for the passage of motor vehicles owned or operated by the District 34
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government, and the Mayor may enter such private right-of-way for the purpose of such repair or 35
restoration, if: 36
“(A) The private right-of-way is used by the District government to 37
provide regular trash removal service; 38
“(B) The private right-of-way is not in a state of good repair, as 39
determined by the Mayor, for the passing of motor vehicles by the District government for 40
regular trash removal service; 41
“(C) The owner of the private right-of-way has not covenanted for the 42
benefit of the District government, and is not otherwise legally obligated for the benefit of the 43
District government, to maintain the private right-of-way in a state of good repair for regular 44
trash removal service; and 45
“(D) The owner of the private right-of-way has consented to the Mayor’s 46
repair or restoration of the private right-of-way and has provided a release of liability and 47
indemnification related to the repair or restoration. 48
“(2) Before repairing or restoring a private right-of-way under this subsection, the 49
Mayor shall attempt to: 50
“(A) Obtain from each owner of property likely to be impacted by the 51
repair or restoration of the private right-of-way a release of liability and indemnification related 52
to the repair or restoration; and 53
“(B) Obtain such other releases and indemnifications as the Mayor deems 54
appropriate. 55
“(f) As a condition of repairing or restoring a private right-of-way under this section, the 56
Mayor may impose such terms and conditions as the Mayor deems appropriate.”. 57
Sec. 3. Fiscal impact statement. 58
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The Council adopts the fiscal impact statement in the committee report as the fiscal 59
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 60
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 61
Sec. 4. Effective date. 62
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 63
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 64
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 65
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 66
Columbia Register. 67
(b) This act shall expire after 225 of having taken effect. 68
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