As of October 19, 2008 Department of Transportation (DDOT) will officially adopt new rules about driveways and curb cuts.  In a nutshell, DDOT does not favor curb cuts.  In their first ever direct address of curb cuts they are moving to adopt rules to limit their use and make it more difficult to obtain them in the first instance and keep them if they already exist. 

As a rule, permits for curb cuts will not be granted by DDOT unless there is alley access to the curb cut or if the applicant demonstrates that there is no alternative way to access on-site parking or a loading dock through existing or proposed paved alleys or in the event the applicant has a special need. So, there appears to be pretty much no way to get a curb cut for most of us unless the area to be cut feeds into an alley.  DDOT has explained that his is for safety reasons.  The thinking goes that traffic in alleys tends to move at a slower pace and therefore makes entry easier and safer than into the regular traffic flowing down the streets.  Sounds reasonable.

Permits will be required along with payment of public space fee.  But for Ward 6 residents whose properties already have curb cuts, you should know that if you want to make substantial improvements to your home in excess of 50% of the value, then the current public space permit will expire and you will have to obtain another one.  If the DDOT  Director does not issue another permit for a curb cut or driveway the property owner must, at his/her own expense, remove the cut and restore the public space in accordance with current standards of DDOT Design and Engineering Manual and Standard specifications for Highways and Structures.

In the event a resident has a special need that a curb cut can accommodate, those residents should know that any such permits issued will require a covenant of maintenance that will be attached to the deed stating that such permit will expire upon sale of the property.  Further the homeowner should know that it is the homeowner’s responsibility, at his/her own expense, to restore the public space upon the expiration of the permit or upon the revocation by the DDOT Director of any curb cut permit. 

Homeowners should also know that at no time should their vehicles protrude in part or in whole into the public space, sidewalk or alley. 

All persons wishing to comment  on the proposed rulemaking may file comments through October 17, 2008 to Alice Kelly, Program Manager, Public Space Branch, District Department of Transportation, 2000 14th St., NW 5th Floor, Washington, DC 20009 or to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .  Copies of the proposal are available at cost by writing to the above address and are also available on the Department we site at ddot.dc.gov.