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A RESOLUTION
26-278
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
December 2, 2025
To declare the existence of an emergency with respect to the need to amend the Department of
Transportation Establishment Act of 2002 to reduce the fees for participating in the
Streatery Program, to establish a start date for enforcement of the Streatery Guidelines or
applicable rules, to declare the District’s policy of promoting streateries, to authorize the
Public Space Committee to grant waivers of certain program requirements, if such waiver
would not create an undue risk, and to require a streatery permit holder that received an
exception to apply for a streatery permit renewal through the Public Space Committee
every 2 years; and to amend the Bicycle and Pedestrian Safety Amendment Act of 2016
to require that one of the roadways selected to be a designated corridor shall include the
2000-2400 blocks of 18th Street, NW, in Ward 1.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Streatery Program Emergency Declaration Resolution of 2025”.
Sec. 2. (a) The COVID-19 pandemic was an incredible challenge for restaurants in the
District. While social distancing helped slow the spread of the virus, it discouraged residents and
visitors from patronizing restaurants and bars.
(b) To better support those businesses, in June 2020, the District Department of
Transportation (“DDOT”) began piloting a street eatery, or “streatery,” program. The program
allowed businesses to set up outdoor dining in public spaces, such as parking spaces, vehicle
travel lanes, and alleys.
(c) The program proved to be a massive success and helped businesses maintain
operations through the public health emergency while offering diners a unique outdoor dining
experience. Given the popularity of the pilot program, DDOT began to develop a permanent
version of the program.
(d) On December 5, 2024, the Public Space Committee adopted DDOT’s permanent
Streatery Guidelines. The Streatery Guidelines provide more specific rules for streateries,
including which businesses qualify for a streatery installation, where streateries can be located,
and how streateries must be designed.
(e) On May 2, 2025, a Proposed Rulemaking issued by DDOT and the Department of
Buildings (“DOB”) was published in the District of Columbia Register (72 DCR 18), beginning
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a 30-day period during which members of the public could comment on the proposed rules. The
Proposed Rulemaking would establish a $260 streatery permit fee and $20 per square foot annual
public space rental fee. The public comment period expired in early June 2025, and now the
Council is awaiting submission of the final rulemaking from the Executive for approval.
(f) Initially, the Streatery Guidelines adopted by the Public Space Committee were
scheduled to take effect on November 30, 2025, when all temporary streatery permits expire.
After that date, DDOT would be able to take enforcement actions against noncompliant
steateries.
(g) A significant number of restaurants have expressed concerns about their ability to
comply with the new guidelines, which could result in their exclusion from the program.
Specifically, some businesses are worried that they will be unable to maintain an existing, or
construct a new, streatery due to the new restrictions on the installation of streateries near alleys
or trees. Many businesses are unaware of their option to seek an exemption from the Public
Space Committee (“PSC”) and, instead, have suggested that they will remove their temporary
installations to avoid a potential violation. Another common complaint is that fees for streateries
are too expensive.
(h) In response to the concerns from the business community, Advisory Neighborhood
Commissions, and the general public, the Committee on Transportation and the Environment
held a public oversight roundtable on “The District’s Streatery Program” on November 6, 2025.
(i) In her testimony before the Committee, DDOT’s director explained that “Businesses
that submitted a streatery permit application . . . can continue operating their existing streatery
until a determination is made about their permit application, either via the permitting system or
the PSC.” She also stated that “In early 2026, DDOT will begin enforcement actions against any
non-permitted streatery structure.”
(j) While the pause in enforcement was a helpful accommodation for businesses, the
restrictions on streatery placement and the permitting costs may still discourage participation in
the program, which has been a commercial success for businesses and a popular attraction for
diners. Additionally, many businesses are still confused about when DDOT will begin enforcing
the permanent Streatery Guidelines.
(k) On September 20, 2024, DDOT unveiled a pilot streatery demonstration on 18th
Street, NW between Kalorama Road and Columbia Road. Per the agency’s announcement, the
pilot “involves demolishing the existing temporary streateries and installing new structures that
are more accessible, safer, and attractive, as well as making adjustments to the street curb to
increase access for passenger and commercial loading. The structures are compliant with the
future streateries guidelines and will demonstrate how streateries can look once the program is
finalized.” The new structures were funded by Mayor Bowser in the Fiscal Year 2024 budget.
(l) A little over one year later, DDOT announced that it would be removing the entirety of
the pilot in Adams Morgan – eliminating space for over 30 streateries as well as areas that had
been built out for bicycle parking, crosswalk daylighting, and other uses. While this action
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coincided with the rollout of the permanent streatery program and other impacts to businesses
across the District, there is no other location where the infrastructure itself was designed and
built by District government.
(m) As one of the few corridors in the District that has had nearly contiguous streatery
use, a complete removal of this infrastructure would constitute not just an impact to individual
businesses but a substantial change to the street design itself, impacting the community as a
whole.
Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the
Streatery Program Emergency Amendment Act of 2025 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.