Monday, July 1, 2013

Land Development Permits & Approvals




You must have a high level of expertise, perseverance, financial stamina and political perception to obtain all of the Land Development Permits & Approvals required to build any real estate project.

The regulatory processes no matter what country you live have expanded in complexity, increased in time, elevated the risk and empowered adversarial stakeholders. Before the mid-90’s, anyone could be a real estate developer as long as you were willing to take a risk and you had an entrepenurial spirit. I don’t think that opportunity exists today.

True or Untrue?

The last true entrupenuirial arena of using land the way you want has slowly changed over the past four decades. Now, you just think you own the land!  

There will be over 30,000,000 more people in the United States over the next decade! As generations move on, do we ever ask the following questions?

WHERE WILL THEY LIVE?

WHERE & HOW WILL THEY WORK?

WHERE WILL THEY SHOP?

WHERE WILL THEY PLAY?

HOW WILL THEY THINK?

How will we answer the above questions?

But before we can develop our answers to the above questions, I think we are in for round two of the real estate bubble.  

Think about it. Over the past 6-years, new home construction has been severely depressed and way below the acceptable number of new homes even to keep pace with the population increase – new family formations, new workers, etc. Thus, the lack of new home inventory and pent-up demand has caused home prices to escalate. Please read my October 6, 2010 blog post.

The Fed has always manipulated the rate to control inflation. Interest rates are on the rise. As soon as the Fed stops their credit card buying, interest rates and inflation will increase rapidly. However, the Fed will strive to find a way to ease in the pain but never the less we will all feel the pain. However, we have yet to see the other shoe fall!

The real estate industry has been poised (those left standing) to move forward but only to be faced with a changed regulatory climate. My guess is that most “finished” lots have been purchased and builder/developers must now buy raw land for development purposes.

How would you answer the following questions?

Do you really think regulatory oversight has changed to benefit real estate developers?

Do you really think that lenders will make it easy to borrow to build?

Do you really think interest rates will remain historically low?

Do you really think that home prices won’t skyrocket and shut out homebuyers?

Do you really think that inflation will stay properly managed?

Do you really think that material and labor prices will stay low?

Do you really think that we won’t have material shortages as production increases?

Do you really think that it will be easy to find subcontractors?

Do you now have to enter into a contract with a local municipality so you can build on your property?

In the United States, we have:

Federal Government                                                                1

States                                                                                     50

Counties                                                                                3,034

Municipalities (city, town, village...)                                      19,429

Townships (in some states called Town)                             16,504

School Districts                                                                    13,506

Special Purpose Agencies (utility, fire, police, library, etc.) 35,052

These government entities have their own ordinances, regulations, standards, criteria, political agendas, and departments..   

We used to obtain permits and approvals but now it is called “entitlements” -  meaning

“ to give somebody the right to have or to do something”. Government is giving you the right to do something on your own property! Please add to the following list of agencies which have control over the real estate industry:

County Planning Board

County Zoning Board

Local Planning Board

Local Zoning Board

City Council

Environmental Commission

Shade Tree Commission

Town Engineering/Planning Department Staff

Town Traffic Department

Town Building Department

Town Zoning Department

Municipal Utility Authority

Fire Department

Police Department

Water Company

Sewer Agency

Water Allocation Agencies

School District

Park District

Improvement District

Drainage District

Lighting District

Air Quality District

Flood Plain District

Historical Society

Homeowners Association

Architectural Committee

Landscape Committee

Soil Conservation District

Watershed District

Coastal Agency

Transportation District

Department of Transportation

Department of Environmental Protection

Department of Community Affairs – HOA’s

Corps of Engineers

Environmental Protection Agency

Housing and Urban Development

What agency have I missed?

As you develop your business plan for developing and building real estate projects, it is more important than ever to know the political climate of your community.

            Is your community a no growth community? OR

 Is your community open to growth and new growth trends?
          
With each local approval/permit requirement, the more influence politicians will have over your ability to use your property for your intended use.

Become familiar with:


                        The local politicians that would support your project

                        The staff that processes projects and their influences

                        Learn the regulatory permitting process 

                        The surrounding neighborhood and if they will oppose to the project

                        The community “hot buttons” for inclusion in the project design

                        An experienced land use/zoning attorney

                        Master plan and growth management plans

                        Subdivision approval process and the time required “to be in the ground”

In your community, what has been the progression of government’s control over development patterns? For the moment, think about how the following issues have been addressed or not addressed in your marketplace:

            1. Rezoning of property

            2. Affordable housing – workforce housing

            3. Higher density is the answer but public perception?

            4. Changing development criteria to reduce yield & increase costs

            5. Prolonging the permitting process by multiple reviews and public meetings

 6. Allowing the general public veto power

Coming out of this recession, whenever that may be, it WILL NOT be business as usual. We have to assess the benefits of each project in each location to determine if it is worth the risk, time, effort, and expense to proceed? Yes this business will not be for the beginner but for those that can change the playing field.

The market segmentation in our industry fragments our ability to universally counteract government trends. In fact, there is no one trade association having the voice of the land development industry as its primary focus. I established the Real Estate Development eAssociation group on LinkedIn as an organization representing the land development industry – please join us.

 
 
 
 

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