One of the most common questions clients ask early in the project lifecycle is, “How long will it take to get my permits?” The answer to this question can be complex and often lacks the greater context of the client’s goals and the specificities of the site.
At the beginning of any development project, it can help to find alignment on topics such as approval timelines, key questions or hurdles, and the regulatory framework on the ground.
Here are a few tips on how to keep development projects on track while looking beyond the permit.
Find Alignment on the Real Project Goals
Permits are often the primary focus of development timelines, given that the main goal of a design project is usually to build something, and permits are the gateway to transition a project from design to construction.
However, not all design projects are undertaken with the goal of obtaining permits, and those that are often have secondary objectives that can get lost in the race to a permit.
This is why it’s important for the consultant to understand the client’s goals from the start of the project:
- Are they working to obtain a permit to construct the project, or are they looking to entitle the land to vest density so they can market the project to a builder?
- Are there contractual milestones for project funding or land transfers that may not be tied to permits?
- Are there upcoming code or zoning changes that require submission or approval by a certain date to be grandfathered?
When the consultant understands the client’s goals they can work with the client, as a team, to craft a customized project approach and timeline. Additionally, they can adapt to project challenges with those goals in mind.
Identify the Real Approval Timeline Early in the Process
Development projects move through approval processes that differ from state to state, county to county, town to town, and even site to site. These variations are based upon state and local codes, site and overlay zoning, proximity to development priority areas, proximity to environmental features, and so much more. Consequently, the timeline for the approval process can vary significantly between localities and locations.
Put another way, what may take six to twelve months in one jurisdiction could take three years or more in another.
One helpful strategy for keeping projects on track is to establish a realistic approval timeline from the beginning. This often means looking beyond published review periods and accounting for how permitting actually works within a specific jurisdiction.
Every Authority Having Jurisdiction (AHJ) has its own process and approach to approving projects, and those processes can vary in the number of steps, the number of regulations that need to be addressed, and the level of design required for review.
Having a meeting with the AHJ to introduce the project and its goals, and to discuss the approval process, typical timelines, typical sticking points, and project specific challenges can help establish a realistic flow chart and timeline.
- Which processes can be run in parallel vs which must be completed in series?
- What options are there to accelerate, postpone, or combine processes?
- Are there accelerated review or 3rd party review programs?
- Can the project be phased to accelerate approvals for a particular piece?
- How many rounds of review are projects typically receiving?
- Which processes are the typical sticking points for projects?
Working with the AHJ to build a Gantt chart of the full process can reveal the source of typical sticking points, as well as hidden conflicts and opportunities within it. Establishing these timelines is critical for effective planning and can give project leaders a clearer understanding of what to expect out of the broader process.
Review Unique Site Challenges and How They Impact Design
At the inception of a project, focus is often on maximizing site density, determining the cost of agency review, permitting fees, and bonds, and accelerating the schedule.
However, an equally important question centers on the unique challenges present in any site: “What regulations or requirements are likely to impact my site, and how will they impact my developable area, site density, or schedule?”
The answer to this question can be complicated as it’s governed by overlapping federal, state, and local codes, zoning codes, and AHJ regulations, but it can have a dramatic impact on the viability of the project. For example:
- Natural Resource, Endangered Species, Woodland Conservation, and Floodplain regulations can reduce the developable area of a site, restrict access options, and even limit when construction activities can occur.
- Stormwater management requirements, both for quality treatment and quantity control, reduces developable area.
- Traffic impact mitigation and increased loads on systems such as stormwater conveyance and water and sewer mains can necessitate the design and construction of offsite infrastructure.
- Master planned public road and trail networks can require dedication of public rights-of-way and the design and construction of frontage improvements, reducing developable area and necessitating additional design and construction costs and timelines.
- Rights-of-way and easement width requirements, along with minimum offsets from utilities, can result in utilities being the controlling factor in the width of the road/utility corridors.
- Landscape and screening buffer requirements, minimum setbacks from property lines, noise mitigation, and bulk restrictions on building dimensions can all impact site layout options and buildable area.
- School capacity and police and fire response time regulations can impact the timing of approvals.
Asking the question at the beginning of the project can help point the team toward a realistic understanding of the site, the jurisdiction, and the approval process.
Evaluate the Impact of the “Known Unknowns”
As discussed above, there are often regulations that will impose restrictions upon a site or lead to offsite improvements. The key challenge is that the extent to which they will impact the site often can’t be determined until well into the design and development process.
In other words, while the team may know that a certain set of issues will have an impact, they may lack clarity on the extent to which these conditions will affect the project.
For example:
- It may be straightforward to establish minimum property line setbacks for buildings based on the zoning code covering a site. However, the amount of right-of-way dedication warranted for expansion of the frontage road to its master planned width may be less clear.
- The extent of environmental features, such as wetlands and specimen trees, may require extensive fieldwork to flag and survey the features.
- The limits of floodplain on the site may require preparation of a floodplain study via field topographic survey and hydrologic and hydraulic modeling of the drainage area.
- Offsite road or water and sewer capacity may not be sufficient to handle the added loading created by the project, but identifying mitigation needs will entail modeling and subsequent review by, and coordination with, the AHJ.
Because information must be gathered, compiled, evaluated, and submitted to the AHJ for review, these issues take time to resolve. Early research will not identify everything, but it can help clarify known issues as well as anticipate requirements before they impact the broader project schedule.
Do Your Research, But Expect Moving Targets
Approval processes are a moving target. Laws, codes, and regulations are evaluated and updated as new situations arise or as the priorities of the State, County, Town, or agency change.
This could take the form of a new regulation that creates an additional review process or modifies a design standard, a change to how a requirement is implemented or how a code is interpreted, or an update to the zoning code that impacts allowed uses, setbacks, or parking mandates.
Be prepared to adapt to the changing regulatory environment. Coordination between the design team, client, and AHJ to determine the change’s impact and which processes will be needed to address it is important to the project timeline. Continued coordination throughout the subsequent process is also key to identifying and addressing any sticking points and minimizing timeline impacts.
Follow Through After the Design Period Ends
Timeline challenges don’t end once permits are issued. During construction, challenges arise that need to be coordinated with the client, design team, contractor, and AHJ to reach agreed-upon solutions and properly document those solutions so that after a project has been completed, changes made during construction don’t impact final signoff and bond release.
Ultimately, getting a project from kickoff to construction and from construction to completion is an exercise in teamwork, communication, coordination, and flexibility.
From the beginning to the end establishing project goals, developing project timelines, tracking project progress, and adapting to changing conditions require knowledgeable and experienced team members working in partnership with the AHJ and client to keep development projects on track.
