Due Diligence Report - Regulatory Section

8. Regional, State, and Federal Regulations


Compliance with local regulations does not necessarily ensure approval. Many local regulations are in conflict with regional, state and federal regulations. Other agency regulations may take precedence over local standards and/or regulations. During the due diligence period, the regulatory map and site characteristic research should indicate which agency may have jurisdiction in permitting the project. At each level of government, more fees and review time will be required to obtain approvals. In most cases, the permitting process for regional, state and federal agencies is not contingent upon local approvals. But the local approval is contingent upon obtaining ALL permits. It is the responsibility of the owner to obtain all permits that may be associated with the development of a site. As an example, the applicant may have to obtain a letter from another agency that simply states “no interest” in the project. Do not misjudge the importance of knowing the regulations and time line of the following agencies. At least know their overall regulatory charge and permitting time line.

Of the following agencies, an applicant should at least expect review and permitting of the project by the Soil Conservation District, State EPA, and the Corps of Engineers. Time is of the essence so learn how each agency will affect your project schedule.

REGIONAL AGENCIES
Soil Conservation District
Watershed District
Coastal Agency
Transportation District

STATE GOVERNMENT
Department of Transportation
Department of Environmental Protection

FEDERAL GOVERNMENT
Corps of Engineers
Environmental Protection Agency
Housing and Urban Development