Development in the District of Columbia calls for a legal team that has the ability to successfully navigate the intricacies of local and federal land use approval processes, managing an often adversarial process in a cooperative, constructive, and fruitful manner. Arent Fox’s attorneys and land use professionals are well positioned to do just that, with unparalleled institutional knowledge of the evolution of District and federal land use policies and longstanding credibility and close relationships with the agencies responsible for review and approval of large-scale, complex development projects. Our team has a deep knowledge of the District and federal officials responsible for approving new development in the District, as well as the community that will scrutinize it. 

Zoning

Our attorneys and land use professionals have vast experience before the agencies responsible for zoning in the District of Columbia.  We regularly appear before both the Board of Zoning Adjustment and Zoning Commission, and have been active over many years in helping to refine the District’s Zoning Regulations. 

We provide strategic advice to property owners on the impact of existing zoning, availability of map or text amendments, and the Planned Unit Development (PUD) process. Our professionals have advised zoning agencies both locally and throughout the country on zoning best practices and have served on local task forces organized to review and revise the District’s Zoning Regulations. We have a close working relationship with the DC Office of Planning, which makes recommendations on cases before the Zoning Commission and the Board of Zoning Adjustment. Both bodies rely heavily on these recommendations.

Once properties are fully-entitled, we are available to assist our clients should any issues arise in obtaining building permits, curb cuts, and certificates of occupancy. We maintain a strong relationship with the Office of the Zoning Administrator and have appeared both with and against that office in appeals of building permits before the Board of Zoning Adjustment.

Planning

Arent Fox is proud to have Ellen McCarthy, our Director of Planning and Land Use, as part of our land use team. Ms. McCarthy has more than 25 years of experience in planning and development in the District of Columbia, and served as Director of the District of Columbia Office of Planning.  Ms. McCarthy was responsible for drafting a new comprehensive plan for Washington, DC, which was unanimously adopted by the City Council and will guide planning and zoning in the city for the next 20 years. In addition, Ms. McCarthy served as the Deputy Director of the Office of Planning for zoning, neighborhood planning, and historic preservation matters, allowing her to provide strategic direction to clients facing entitlement needs that overlap these areas. Ms. McCarthy is also available to provide expert testimony and technical analysis of our client’s applications before the Board of Zoning Adjustment and Zoning Commission.

Our team regularly works with developers on feasibility studies, and consults at each phase of the project, from concept to permitting, to ensure that sound planning principles and compliance with all facets of local and federal land use law are addressed as a project moves and evolves.

Historic Preservation

Our team has vast experience in the historic preservation arena.  We regularly appear before the District of Columbia Historic Preservation Review Board, the Mayor’s Agent for Historic Preservation, and the United States Commission of Fine Arts, the bodies charged with preservation oversight in the District of Columbia.  Additionally, our team members serve on the Committee of 100 for the Federal City and work closely with the DC Preservation League, two private organizations that monitor and actively participate in development and preservation matters. Our experience working with and for community and preservation groups provides us with a unique perspective in representing developers of historic properties.

Federal Land Disposition

One of the most significant actions in real estate for the District of Columbia in decades has been the transfer and/or redevelopment of large sections of federal land. Arent Fox attorneys and land use professionals were actively involved on the federal side and on the local side, working on the Congressional legislation that transferred areas such as the Southeast Federal Center, Reservation 13/Hill East/the DC General Hospital complex, Poplar Point, and various other smaller parcels that are part of the massive redevelopment of the District’s Anacostia Waterfront.  In addition, we have been involved in the redevelopment of the Armed Forces Retirement Home and the East Campus of St. Elizabeths Hospital.

Appeals and Litigation

Arent Fox attorneys and land use professionals have extensive experience representing clients in administrative appeals before the District of Columbia Court of Appeals. This level of experience can prove essential because of the complex nature of appeals involving the land use and historic preservation processes.