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B 26-0770

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

26th Council Period (2025-2026) Introduced by Phil Mendelson

The bill lets the Mayor repair private rights-of-way used by the District for trash removal when owners won’t maintain them, with owner consent and liability releases.

Referred to Committee of the Whole with comments from the Committee on Transportation and the Environment
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Bill Summary · B 26-0770

Summary of Bill B 26-0770 (Restoration of Covenanted Roads and Alleys by the District Government Clarification Amendment Act of 2026)

Purpose and intent

  • Clarifies and expands the District’s authority to repair or restore certain private rights-of-way (ROWs) to a condition suitable for motor vehicles owned or operated by the District government.
  • Specifically targets private ROWs used for District trash removal services, providing a mechanism for the Mayor to enter and perform repairs when private owners have not maintained the ROW to a state fit for District vehicles.

Key provisions and changes

  • Amends the Restoration of Covenanted Roads and Alleys by the District Government Act of 2024 (DC Law 25-320) to add new authority and conditions:
    • New subsections (e) and (f) authorize the Mayor to repair or restore a private ROW if all of the following conditions are met:
    • The private ROW is used by the District government for regular trash removal.
    • The ROW is not in a state of good repair for the passage of District government motor vehicles used for trash removal.
    • The ROW owner does not covenantedly maintain the ROW for the District’s benefit and is not otherwise legally obligated to do so for trash removal.
    • The ROW owner consents to the repair or restoration and provides a release of liability and indemnification related to the work.
    • Before performing repairs/restoration, the Mayor must attempt to secure releases of liability and indemnification from owners likely to be impacted, and may seek other appropriate releases/indemnifications.
    • The Mayor may attach reasonable terms and conditions to the repair/restoration as a condition of proceeding.
  • Subsection (c) and related language in the existing statute are adjusted to reference the correct subsection (a) of the section, and streamline language by removing extraneous clauses about additional conditions as deemed appropriate.

Who or what would be affected

  • Private owners of rights-of-way that are used by the District for regular trash removal and that are not maintained to withstand District vehicle passage.
  • District government operations, particularly sanitation/trash collection fleets that require access through these private ROWs.
  • Potential liability framework: owners must consent to work and provide releases of liability and indemnification; the Mayor can impose terms and conditions to govern the repair/restore process.

Procedural and timeline aspects

  • Effective date: The act would take effect after the Mayor’s approval (or Council override of a Mayoral veto), followed by a 30-day congressional review period and publication in the DC Register.
  • Fiscal impact: The bill incorporates an existing fiscal impact statement from the committee report, consistent with DC legislative procedures.
  • The action history shows introduction in July 2026 and referral to the Committee of the Whole, with ongoing committee considerations.

Practical impact and considerations

  • Provides a streamlined mechanism for the District to maintain critical trash removal routes by repairing or restoring private ROWs when property owners are not performing maintenance.
  • Shifts certain maintenance responsibilities onto private owners through consent and indemnification requirements, potentially reducing service disruptions.
  • May raise questions about private property rights, liability, and the scope of the Mayor’s authority, but conditions and releases are required to mitigate risk to property owners and ensure legal protections for the District.

If you’d like, I can provide a side-by-side comparison with the 2024 Act to illustrate how the amendments change current authority and procedures.

Compiled from official sources — confirm details with the bill’s official record.

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