District of Columbia Zoning & Land Use Laws

District of Columbia ADU Law

District of Columbia has a statewide ADU law — DC Zoning Regulations Title 11 DCMR — Accessory Dwelling Unit Provisions — effective 2016-09-06. Local governments may enact stricter standards within this framework. Key provisions include: Washington DC is its own complete jurisdiction under the Home Rule Charter — there is no state to preempt DC; DC Council controls all local zoning through 11 DCMR; DC allows ADUs by right in residential zones under 11 DCMR 1000 series provisions; No owner-occupancy requirement — owners may rent both primary unit and ADU simultaneously, and 7 more. The most recent amendment was 11 DCMR Amendment — ADU Expansion (2022): DC Zoning Commission expanded ADU provisions to streamline the approval process and align with DC's affordable housing goals. Updates to setback standards, maximum size allowances, and processing timelines. DC DHCD housing programs provide supplemental incentives for income-restricted ADU production.

Cottage Food Law

DC Cottage Food Law (DC Code Section 7-742.01 et seq.): Washington DC allows home-based cottage food businesses to produce and directly sell certain non-potentially-hazardous foods. Annual revenue limit of $25,000 — lower than most US states. DC Department of Health registration required before beginning operations. Permitted products include baked goods (non-cream or custard-filled), jams, jellies, candy, and dried herbs. Direct-to-consumer sales only: from home, at DC farmers markets, and direct delivery. No retail or wholesale distribution to stores. Products must carry DC-specific labeling: producer name and home address, product name, ingredient list, net weight, allergen information, and 'Made in a Home Kitchen in the District of Columbia — Not Inspected by the DC Department of Health.' DC Basic Business License also required. Source: https://dchealth.dc.gov/service/cottage-food-operations DC's $25,000 annual revenue cap is lower than surrounding Maryland ($25,000) and Virginia (unlimited for some products). DC Department of Health registration adds a local compliance step not present in most states. The DC cottage food market serves the District's significant farmers market network including Eastern Market, Penn Quarter, and Columbia Heights farmers markets.

Short-Term Rental Law

Washington DC has its own Short-Term Rental regulation under DC Home Rule authority. DC Short-Term Rental Regulation Act of 2018 (DC Code Section 30-101 et seq.) requires all STR operators to obtain a Basic Business License with Short-Term Rental endorsement from DC DLCP (Department of Licensing and Consumer Protection). Primary residence requirement — operators must be primary residents. Unhosted rentals capped at 90 nights per year. DC Hotel and Transient Accommodations Tax (14.95% combined city and state equivalent) applies. Airbnb, VRBO, and platforms are required to verify licenses and collect taxes. DC Office of Attorney General enforces tax compliance. Source: https://dlcp.dc.gov/service/short-term-rental-licensing

Recent Legislative Changes

District of Columbia Cities with Zoning Data