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| CRBJ Home > February 2007 | |||||
Take the high road early to get project approvalBy Chad R. Taylor
If you are, you better come prepared. Today's political, regulatory and environmental climate has made nearly all expansion and development projects controversial. Now, unfortunately, even previously mundane projects are experiencing resistance from local decision-makers, state regulators, environmental groups and area residents alike. So what has inspired so much controversy? For one thing, the advent of the Internet means news travels fast and sometimes out of context. For another thing, television and radio channels need emotion - presented as reality-based programming — to attract audiences. Plus, any person who wants controversy can ignite it with a video camera, some editing and a computer. Adding fuel to the fire is the reality of finite resources like land and water. Businesses and developers are now not only competing with each other, but also with the general public and special interest groups like Sierra Club, Ducks Unlimited and 1000 Friends for use of various natural resources. Nowhere is the controversy and competition more apparent than in the environmental forum. As a result of the controversy, the environmental standards assessment process continues to evolve and has become more complicated with each cycle. What began simply as air, water, and waste has evolved into specific standards and regulations for attainment, stormwater, nonpoint, asbestos and lead paint. This evolution has spawned planning requirements which now include green building, green tier, brownfields and re-use and recycling requirements. While 15 years ago it might have been possible to build a subdivision or site a quarry by obtaining a couple of permits and attending a local town or village meeting, today numerous permits and participation in numerous meetings are required. The delays in and even flat-out denials of projects experienced today can have devastating consequences on small and medium-sized business that do not have the financial resources to subsidize a lengthy permitting process. For larger businesses, this new trend toward unwelcome controversy has led these businesses to seek out a more hospitable business climate, whether out-of-state or out of the country. Options for defending a development project against controversy after the fact are generally expensive, time-consuming and less effective. For example, litigation often leads to an adversarial relationship with local decision-makers and regulators, is costly and creates uncertainty with respect to the desired outcome. Hence, the best methods in combating today's challenging project siting climate are preventative in nature. So what must a business or developer do to survive in this challenging regulatory and environmental climate? First, assess the project early and identify important local issues and probable environmental impacts by assembling a team of experts. Investment at the front end on engineers, attorneys and public relations experts almost always saves money in the long run. Second, identify all permits and regulatory requirements needed for approval. Third, be up front about the environmental impacts and seek concurrence from the regulators - in essence, take the environmental "high road." Fourth, learn how to effectively work with regulators. Be honest, stay ahead of the opposition and pre-qualify certain proposals with "trial balloon" concept discussions. Finally, study the local political landscape and identify those persons responsible for both interpreting and enforcing the applicable regulations as well as those responsible for approving the project as a whole. By implementing the proactive measures above, a business will increase its chances for approval, while also increasing the likelihood that its project will be approved on time and on budget. Chad R. Taylor is an attorney with DeWitt Ross & Stevens S.C. and concentrates his practice in the areas of land use, government relations and regulatory compliance. Contact him at 608-252-9266. crt@dewittross.com madison.com ©2009 Capital Newspapers. All rights reserved. |
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