After Hours Permit: A Schedule’s Best Friend

An after-hours permit can be an incredible asset for developers and contractors working on projects in Washington, D.C.

This asset comes in handy, especially this time of year. DC construction is barred on twelve federal and District holidays each year, with a thirteenth in years divisible by four, and standard permits only allow work Monday through Saturday, 7:00 am to 7:00 pm. For project managers with tight deadlines, that math adds up fast.

Fortunately, an after-hours permit can extend a project’s working hours and provide some much-needed relief to project schedules.

At a Glance

What Is an After-Hours Permit?

For those unfamiliar with an after-hours permit, it’s a specialized permit issued by DC’s Department of Buildings (DOB) that allows work beyond the authorized construction hours of Monday through Saturday, 7:00 am – 7:00 pm. Issued for 30-day periods, this permit covers work at the job site itself. It does not cover work in the public right-of-way, which falls under the District Department of Transportation (DDOT), which handles its own after-hours approvals for public space permits.

An after-hours permit also allows for construction activities to occur on federal and District Government holidays. Currently, DOB prohibits permitted construction on these dates:

• New Year’s Day
• Martin Luther King, Jr.’s Birthday
• President’s Day
• Emancipation Day
• Memorial Day
• Juneteenth National Independence Day
• Independence Day
• Labor Day
• Indigenous Peoples’ Day
• Veterans Day
• Thanksgiving Day
• Christmas Day
• Inauguration Day (every four years)

This list changes periodically, so it’s worth confirming the current calendar directly with the DOB before finalizing any schedule around it.

Failure to abide by these regulations is illegal and could result in a Stop Work Order and steep fines. Under DC Code §6-1406(b), a first violation can carry a fine of up to $2,000 or up to 90 days imprisonment, or both, for each offense. Repeat violations can climb to $4,000 per infraction, and DOB will not release a Stop Work Order until the associated permit fee is paid. Projects that receive a Stop Work Order must go through an appeal process to remove it. Under 12A DCMR §114.11, the appeal must be filed within 15 calendar days of the order being posted, and DOB’s Reviewing Official then has 10 working days to affirm, modify, or reverse it, a tighter and more specific timeline than many contractors expect.

How to Get an After-Hours Permit

So, how can you obtain an after-hours permit and avoid a DOB enforcement action? The process for applying can be completed online through DOB’s Citizen Access Portal, and it seems simple enough. Yet, if your project has certain complexities, the process can quickly become overwhelming. Additional documentation and support are required for work zones within 500 feet of a residential zone and/or hotel. Residential work zones require the support of the neighboring Advisory Neighborhood Commissioner or Single Member District, while hotel work zones require the support of a hotel representative.

After-Hours Construction in Virginia and Maryland

Not surprisingly, Virginia and Maryland both have specific rules and regulations when it comes to after-hours and nighttime construction projects. However, they both provide relief when the benefit to the public offsets the noise the event will create in excess of the established limits. And just like DC, the process can become quite complex depending on the nature of the project and the stakeholders impacted.

Here’s how the major jurisdictions in DFM’s service area handle it:

• Fairfax County, VA: Standard construction hours run 7am–9pm, with a 90 dBA noise limit at residential property lines. Anything outside those hours requires a Noise Waiver filed through the county’s PLUS portal, granted only if the Zoning Administrator finds the noise won’t endanger public health or safety, or that compliance would cause serious hardship without an equal public benefit.
• Alexandria, VA: DIY and general construction is allowed 7am–9pm weekdays and 9am–9pm weekends/holidays. Working outside those windows requires a Noise Variance Permit, granted case-by-case when standard-hours work isn’t feasible and the project offers a benefit to the city.
• Arlington County, VA: Daytime hours run 7am–9pm weekdays and 10am–9pm weekends under the county’s Noise Control chapter. Partial exemptions are available by application to the County Manager.
• Montgomery County, MD: Standard hours are 7am–5pm weekdays. After-hours or nighttime work requires a Temporary Noise Waiver from the Department of Environmental Protection, plan on roughly 30 days for processing, and note that since May 2022, waiver holders must use white noise backup alarms on all site vehicles and equipment.
• Prince George’s County, MD: Construction noise is permitted daily 7am–9pm under the county’s noise control code, with anything outside that window enforceable through the police non-emergency line.

These timelines and fee structures shift from year to year, so we always confirm current requirements with the relevant jurisdiction before filing.

Why Work With DFM Development Services

DFM Development Services specializes in permit expediting and development support throughout DC, Maryland, and Virginia. We manage the paperwork, timelines, and agency relationships, including after-hours permits, Stop Work Order appeals, and noise waivers, so your team can stay focused on the build.

Contact our permitting team today.

Images courtesy of Jingxi Lau on Unsplash.