Changes Proposed to Historic Preservation Law to Protect Residential Density

As Council Period 26 got underway with the new calendar year, Ward 1 Councilmember Brianne Nadeau introduced a bill – the Housing Capacity Preservation Amendment Act of 2025 – that would significantly limit the D.C. Historic Preservation Review Board's (HPRB) design review authority over new construction in historic districts.

The bill would amend the Historic Landmark and Historic District Protection Act of 1978 (the Preservation Law) to prohibit the HPRB from determining that a new construction project within a historic district is "incompatible" with the Preservation Law if such a finding would necessitate a reduction in residential building density below what otherwise would be permitted in the zoning district in which the property is located. In cases where density has been approved by the Zoning Commission or Board of Zoning Adjustment, those levels would control. Effectively, this change to the Preservation Law would require the HPRB to accept building densities established by the Zoning Regulations as consistent with development in historic districts – at least for new construction projects. The bill does not propose to change the Preservation Law with regard to residential projects involving alteration or addition to buildings in historic districts.

The bill was co-introduced by At-Large Councilmembers Anita Bonds, Christina Henderson and Kenyan McDuffie and has been referred to the Committee of the Whole for further consideration. This bill marks a reintroduction of similar legislation introduced by Councilmember Nadeau in 2024 (Bill 25-0919 – Housing Capacity Preservation Amendment Act of 2024) that failed to move forward during Council Period 25.

For more information, please contact the authors or another member of Holland & Knight's D.C. and Northern Virginia Land Use Team.