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

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

Allows the Mayor to repair private rights-of-way for District trash removal, with owner consent and liability indemnification, during a temporary 90-day emergency period.

Retained by the Council

Purpose and intent

This is an emergency amendment to the District of Columbia’s 2024 Restoration of Covenanted Roads and Alleys by the District Government Act.

The bill clarifies and expands the District’s authority to repair or restore certain private rights-of-way so they are suitable for motor vehicles owned or operated by the District government, specifically for purposes such as regular trash removal.

Key provisions and changes

Section 2 amendments to the 2024 Act:

Clarifies language so references point to subsection (a) of the section.
Removes a prior conditional phrasing (“impose such other conditions as the Mayor deems appropriate”) and standardizes it to “as the Mayor deems appropriate.”
New subsections (e) and (f) authorize the Mayor to:
Repair or restore a private right-of-way to a condition fit for District government motor vehicles.
Enter private property rights-of-way to perform such repairs/restorations.
Apply only if:
- The right-of-way is used by the District for regular trash removal.
- The right-of-way is not in good repair for District trash removal.
- The private owner has not covenanted or otherwise obligated the District to maintain the right-of-way for trash service.
- The owner has consented to the repair/restoration and provided a release of liability and indemnification.
Before proceeding, the Mayor must attempt to obtain:
- A release of liability and indemnification from property owners likely to be impacted.
- Additional releases/indemnifications as the Mayor deems appropriate.
Subsection (f) empowers the Mayor to impose terms and conditions as appropriate as a condition of repair/restoration.

Section 3: Fiscal impact statement – The bill adopts the committee’s fiscal impact statement (standard procedural element).

Section 4: Effective date – The act takes effect after mayoral approval (or Council override of a mayoral veto) and lasts no longer than 90 days, consistent with emergency act provisions.

Affected parties and scope

Private rights-of-way used for the District’s regular trash removal services.

Private property owners who own or control such rights-of-way and would be affected by repair/restoration activities.

The District government (specifically agencies responsible for trash removal) as the beneficiary of restored access.

Procedural and timeline aspects

This is an emergency act, with a temporary effective period not exceeding 90 days after mayoral approval.

The act involves expedited processes for obtaining owner releases, indemnifications, and potential terms/conditions to facilitate timely restoration for essential municipal services (trash removal).

The action hinges on owner consent and defined conditions to protect liability and define responsibilities.

Potential impact and considerations

Enables the District to proceed with restoration of private rights-of-way without full private covenants if owners consent and provide indemnification, potentially reducing disruptions to trash removal operations.

Balances municipal needs with liability protections for private property owners.

Could raise questions about property rights, long-term maintenance expectations, and the sufficiency of emergency authority for recurring needs beyond the 90-day window (since it is explicitly temporary).