The Elusive Nature Of Permit Expediting
The notion of permit expediting remains an elusive concept.
AnneMarie “Bemmie” Eustace

Eustace

Unfortunately, there’s no silver bullet that addresses all permitting issues unilaterally on a nationwide basis. While individual municipalities share the common goal:  to review building permit applications and grant approval to those that meet the jurisdiction’s guidelines, the methodology varies significantly from state to state and from jurisdiction to jurisdiction. Hence, the notion of permit expediting remains an elusive concept as there are so many components that impact the process, and to complicate matters further, jurisdictions have independent mindsets when it comes to establishing the procedures. Furthermore, there are no special privileges handed out at the door.

Developers typically define permit expediting as a means to significantly reduce the time required to obtain approvals, often hoping to cut the time in half. This is simply not the case; it’s unrealistic to think that expediters might simply wield the power to cut corners in an effort to gain time. It’s best to be armed with the facts rather than hope for miracles, with the knowledge that permit expediting is nothing more than a famous industry misnomer. The only valid method of expediting the permitting process includes a combination of arduous research, timing, process knowledge and patience.

Five Tips To Expedite The Permitting Process

1. Identify All Outside Agencies Required For Approval

Defining state and county agencies that require approvals outside the local municipality can have a significant impact on determining the fate of a project’s timing.

For example, in Louisiana, the state fire marshal‘s approval is required prior to submittal to the local jurisdiction; the same is true of the Department of Labor and Industry in most of Pennsylvania and the Department of Fire and Building Services in Indiana. The Texas Department of Licensing and Regulation requires separately contracted agencies to review, approve and inspect for accessibility compliance.

In addition to the state requirement for building plan approvals, many state departments have approval rights for site work as well. If the shopping center is proposed on a state road, then the state department of transportation will need to grant permission for the access to the center, as well as drainage and other impacts to the right-of-way. Numerous states, such as Florida and Minnesota, require state level agencies for stormwater drainage approvals, in addition to local drainage reviews. If the project is proposed within certain distances from a coastline, frequently other agencies will need to review the plans, such as the Ocean Coastal Control Commission in South Carolina. Florida requires the Department of Environmental Protection approve water and sewer line extensions.

Once required state agencies are identified, other local jurisdictions may also need to approve the plans prior to submittal to the local municipality. For example, in Broward County, Florida, the Department of Natural Resources Protection must approve the plans prior to submittal to the local jurisdiction, regardless of whether it is in the county or in an incorporated city.

There can be a myriad of outside agencies involved in the approval process that must be identified upfront, along with an understanding of the timing requirements, in order to expedite construction start schedules. Construction start may be delayed for months if just one required agency approval has been overlooked.

2. Research the Applicable Codes And Ordinances

It may be obvious to some, but the common sense tactic of researching and applying codes pertinent to the project is often overlooked. The widespread use of the model codes has helped standardize prototype building requirements, though local and state jurisdictions can implement additional regulations. For example, Ohio has its own plumbing code; Texas and Florida (among others) have their own accessibility code, and Louisiana and Indiana have their own versions of fire and building codes. There are many local municipalities who have adopted their own versions of the model codes, or supplements to the model codes.

Plan adjustments to incorporate local or state requirements are necessary prior to submittal for approvals. It’s imperative to have a clear understanding of the codes in order to avoid potentially numerous rounds of comments from multiple departments. For example, basic knowledge such as how the zoning department applies setbacks to double fronted sites can have a huge impact on the site layout and the building’s orientation. It’s a good idea to hold a pre-application meeting with various departments to identify and discuss any code interpretations that have historically been interpreted differently in various municipalities. At the least, it’s best to open dialogue with reviewing officials to discuss pertinent issues, even if a meeting is not possible.

3. Understand the Process, And Then Strategize

While outside agencies are specific to a particular discipline, each local municipality with its own system for processing applications, routes plans internally to various departments for review.

A thorough understanding of the system for processing permitting applications sheds light on available options and strategies that enable the earliest construction start possible. At first glance, it would appear that if the building and site plans are submitted and reviewed simultaneously, everything would move more quickly.

However, the converse often proves to be beneficial, contingent of course on whether a given municipality accepts separate permit submittals. If submitted together, and there are any comments or complex issues relevant to the building, the entire construction start could be in jeopardy. If submitted separately as two individual permit applications, the site construction can move forward while the building plan issues are resolved. Employing this timesaving strategy can potentially allow site construction start weeks before final building approval, though it must be implemented in advance of plan submissions. There are countless system nuances and intricacies within any given municipality, and prudent early research can have a significant impact on construction starts.

4. Submit Complete Packages To All Agencies

One of the most obvious, yet easily overlooked means of expediting the permitting process is to provide complete submittal packages.

There are a wide variety of documents that may be required for different types of submittals. Some agencies have an exhaustive list of documentation to support the application and plans, while other agencies require a simple one-page application with supplemental information added, as needed, later in the process. Regardless, it’s important to have a firm understanding of the documents required for the submittal, as well as the timing of each submittal component in order to minimize delays and keep the review process moving forward. There are instances when an act as simple as providing rolled plans as opposed to folded plans could render the application incomplete.

5. Anticipate General Requirements And Be Ready To Act

Once the plans are submitted, the process must be closely monitored. The applicant needs to react expeditiously to a reviewer’s request, anticipating the timing of additional information that may be needed.

For example, in Florida, completing Florida Department of Environmental Protection (FDEP) applications are often time intensive, as numerous sections require original signatures with the utility department typically last to sign-off on its application component. It won’t help and might hurt to submit the FDEP application along with the initial application, as it is not needed until the end of the process, and will likely be misplaced along the way. If the application is lost in the shuffle, then it falls upon the developer to undertake the labor intensive process all over again, which may delay the final approval as long as several weeks.

In some jurisdictions throughout the country, the building department may require shop drawings for truss systems or fire sprinkler systems prior to plan approval. The applicant will save tremendous time by anticipating the timing of this submittal and by being fully prepared to act quickly.

Within the local municipality, each department may have its own unique requirements. For example, for purposes of timing, it is critical to know if a building department requires that all contractors and subcontractors be named prior to submission of building plans for review. If that information is not gathered prior to submission, the process could potentially be delayed as much as another 3 to 6 weeks while bids are secured, selections are made and all contractors secure city registrations.

Equality Rules In The Permitting Arena

While the “expediter” can keep plans moving, everyone is still bound by the same rules and regulations within the system. Generally, plans are reviewed on a first come, first served basis. After that, flexibility is limited to and contingent upon the reviewers in any given municipality.

There are times that a reviewer may make an exception for a minor correction allowing plans to make it to the top of the pile, as in the case of the correction that requires very limited review time. However, that is not the norm unless there is political pressure from within to do so. In fact, most municipalities will not allow what they consider to be preferential treatment and advise against playing favorites. It is important however, to have a good rapport with reviewers by responding promptly to any questions and securing any additional information requested, in a timely fashion.

Getting from the permit inbox to the permit outbox as quickly as humanly possible, that’s the sum total definition of “expediting” relevant to permitting. The only sound approach to successfully expediting the review process is to have a firm understanding of specific requirements and nuances within a given jurisdiction. Anticipating everything that might be needed by specific municipalities and having everything readily accessible, will serve the developer well in controlling the time invested in the permitting process. Trying to navigate around the process or looking for shortcuts will often lead to even longer delays as the risk for error increases when a staff member must address an issue that deviates from the norm. Although it’s not possible to go around the process, it is possible to go through the process more efficiently if the proper homework is done upfront. Frequently, an outside consultant who specializes in permitting services, and is experienced in navigating the permitting process is considered for such an important task.

AnneMarie “Bemmie” Eustace is the director of site development for Orlando-based Interplan LLC, an architecture, engineering, interior design and project management firm specializing in the program management of national multi-unit restaurant, retail, hospitality and commercial development programs. She can be reached at beustace@interplanorlando.com.


©2007 France Publications, Inc. Duplication or reproduction of this article not permitted without authorization from France Publications, Inc. For information on reprints of this article contact Barbara Sherer at (630) 554-6054.