Shipstead-Luce FAQs

It is an act of Congress that extended the authority of the Commission of Fine Arts to review the designs of private construction in specific areas in the Nation’s Capital. The act was passed on 16 May 1930 and was amended 31 July 1939.

The Shipstead-Luce Act applies to construction which fronts or abuts:

• the grounds of the Capitol
• the grounds of the White House
• the portion of Pennsylvania Avenue extending from the Capitol to the White House
• Lafayette Park
• the Mall Park System
• Southwest Waterfront
• Rock Creek and Potomac Parkways
• Rock Creek Park
• the National Zoo

CFA staff make the definitive determination of jurisdiction under the Shipstead-Luce Act. For general purposes, applicants can refer to the map shown here, which indicates the general location of the Shipstead-Luce Act area. For property-specific information, refer to the D.C. government’s DCPropertyQuest website, which identifies properties within the Shipstead-Luce Act area. However, this website is neither entirely accurate nor entirely precise. Contact the Shipstead-Luce Act staff architect at (202) 504-2200 or cfastaff@cfa.gov for a determination of jurisdiction. Please provide the address and the square and lot numbers of the site.

CFA review is required as part of the permit process of the District of Columbia. Final CFA action is required for the issuance of a construction permit. CFA staff work in consultation with other District government entities, such as the Office of Planning, the Historic Preservation Office, the Department of Transportation, and the Department of Consumer and Regulatory Affairs.

No. CFA is a federal design review agency and does not issue permits. Design review by CFA is an integral part of the District of Columbia permit process. Applications for permits are made to DOB, which then forwards applications to CFA for design review.

In general, CFA review occurs before any other federal or District government agencies review a permit application. For large projects that are subject to review by many agencies, CFA staff may recommend joint staff consultation meetings with the other federal and District agencies before submission for permit.

Design review refers to the review of the aesthetic character of new or renovated construction. In the case of the Shipstead-Luce area, the CFA also considers whether a proposed design is consistent with the goal of protecting the public interest in the adjacent federal parks and buildings.

Concept review provides an opportunity for the applicants to know what is acceptable at an early stage of design, but a concept approval does not constitute the necessary advice to issue a permit for the work. A separate permit application must be filed and submitted for review by the Commission.

Under certain circumstances and upon the advice of CFA staff, the concept phase may be skipped. The determination will be made by CFA staff based on the scope and proposed design of the project and the characteristics of the subject property.

Concept approval by the CFA expires after two years. Before the end of that period, the original applicant may make a new submission to HPO/DOB to request a one year extension of the previous concept approval.

Permit approval by the CFA expires after four years. If construction of the project has not been substantially started within that period, the applicant must make a new submission to DOB for permit review by the CFA.

Site modifications, window and door replacements, mechanical equipment (such as vents, meters, and rooftop condensers), visible electrical wiring and lighting, and other exterior changes commonly associated with interior renovations all require review by the CFA. CFA review is not required only if there are no changes proposed to the exterior of the property.

Signs, outdoor seating areas, window, door, and storefront replacements, mechanical equipment (such as vents, meters, and rooftop condensers), visible electrical wiring and lighting, and other exterior changes commonly associated with commercial renovations all require review by the CFA. CFA review is not required only if there are no changes proposed to the exterior of the property.

Visibility is not a criterion for establishing CFA jurisdiction under the Shipstead-Luce Act. The CFA reviews all exterior changes to properties within the Shipstead-Luce Act area, whether or not they are visible from public space.

Projects with public space components must be submitted to DOB for review by the CFA prior to submission for a DDOT public space permit. Projects involving only work in public space, with no work on private property, must also be submitted for CFA review through DOB prior to submission for a DDOT public space permit. Once CFA review is complete, the CFA staff will process the DDOT public space permit through the online DDOT permit system.

Foreign missions within the Shipstead-Luce Act area follow the same procedures as other properties subject to the Act.

• razing
• minor repairs
• masonry repointing
• painting
• temporary primary business signs to be displayed 60 days or less while review for a permanent sign is pending
• replacement of roofs that are not visible from the ground
• installation, removal or repairs of underground storage tanks, underground utility lines and underground waterproofing measures
• temporary construction barriers and scaffolding and public space permits for dumpsters and parking
• repair or partial replacement in kind of compatible fences (new fences or substantial replacement of a fence requires CFA review; replacement of small portions can considered a minor repair not requiring a permit)
• changes of use involving no physical change to the exterior of the property

CFA has no written policies or guidelines for design review under the Shipstead-Luce Act; each case is considered by the CFA on its merits. The District of Columbia incorporated specific sign regulations for the Shipstead-Luce Act area in Chapter 12 A, Appendix N of the D.C. Construction Code (click on "View Text").

It is highly recommended, especially for new structures or large projects, that the applicants and/or their agent contact CFA staff prior to submission to determine if there is any additional or special information that should be included in the submission. CFA staff may also recommend an informal staff consultation meeting prior to submission.

Yes. Informal consultation with CFA staff in meetings prior to submission for CFA review is often recommended, but it does not substitute for the required formal review by CFA.

New buildings and large or complex projects require a presentation before the Commission of Fine Arts; CFA staff will notify you if your case requires presentation to the CFA. Presentation materials may include projected digital media, boards, models, and material samples, and should convey very clearly the intent and design of the project. It is recommended that the applicant consult with CFA staff prior to submitting presentation materials.

All presentation materials, including digital media, must be received by CFA staff no later than the Monday before the Commission meeting. Revised digital presentations will not be accepted the day of the meeting. Please contact CFA staff to coordinate the delivery of physical models and material samples.

A written transcript is made of the public meetings of the Commission of Fine Arts. Copies of transcripts are available for reference, as are digitally recorded audio excerpts, but neither of these is considered an official record of the meeting. The official records of the CFA meetings are: the recommendation letter (sent to the applicant after the meeting); meeting minutes (made public following approval at the subsequent Commission meeting); and the approved Shipstead-Luce Act Appendix. Once approved, these record documents are available online.

Concept applications do not constitute a final action and cannot be appealed. Permit applications may be appealed through the District of Columbia.

Review by the ANC and other community organizations is not required for CFA review. However, it is recommended that applicants and/or their agents contact neighbors who may be affected by a proposed project prior to submission review. Letters of support from the neighbors can be made part of the record. The local Advisory Neighborhood Commission (ANC) may be interested in a public presentation of the project so they can offer comments to the Commission of Fine Arts.

Concerned citizens may submit their comments in support of or in opposition to proposed work on a particular property, in writing to cfastaff@cfa.gov, through the CFA website, or to 401 F Street, NW, Washington, DC 20001. These documents will be distributed to the Commission members and will become part of the public record. As the Commission of Fine Arts is a design review entity, please limit comments to design issues only.

Citizens may also attend the public meetings of the Commission of Fine Arts and voice their concerns, at the discretion of the CFA Chairman. Please contact CFA staff at (202) 504-2200 or cfastaff@cfa.gov if you wish to make a comment in the public meeting.

CFA submission files and review history are made available to the public by appointment only. Please contact the Records Officer at (202) 504-2200 or cfastaff@cfa.gov to make an appointment. When doing so, please state specific projects and dates of review. Some materials, such as meeting minutes and other records of CFA review, are also available online.