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Regulatory Compliance

Navigating the Regulatory Maze

Plan Ahead to Avoid Costly Conflicts

Permitting is one of the most important aspects of a project’s success, yet it is often one of the last design considerations.

“Often times, projects are designed without much thought to avoiding or minimizing environmental or community impacts,” said Megan Enright, a Dudek senior biologist and project manager. “When the regulatory approval process is considered early, design engineers can save significant time and money.”

To avoid costly design revisions, Enright suggests that permit planning be done early in project development to help achieve success.

  • Know which permits your project requires. There are dozens of permit types, ranging from noise permits for construction near residential communities to traffic permits when working around thoroughfares. “Assess your particular project and its alternatives’ construction patterns, and this will indicate the types of permits necessary to complete your project,” explained Enright. “Remember to coordinate early with regulatory agencies to ensure a smooth permitting process.”
  • Conduct alternatives analyses early in the design phase. While alternatives help achieve approval, know the land that the alternative passes. Regulatory agencies will likely veto any plans that disrupt sensitive habitats or create major, prolonged traffic congestion. The following approach to screening alternatives may help quickly move the project forward.
    • Assess objectives. Does the alternative meet some or all of the basic project objectives?
    • Assess feasibility. Is the project capable of being accomplished in a successful manner within a reasonable timeframe? Does it take into account legal regulatory restrictions, technology needs, and/or scheduling constraints?
    • Assess environmental impacts. Would the alternative avoid or substantially reduce at least one of the proposed project’s significant environmental effects?
  • Analyze the cost/benefit of the project alternatives. “Avoid pouring tons of money into building the alternative,” said Enright. “If a project’s alternative is not financially sound, assess additional alternative plans.”

After the CEQA/NEPA and regulatory agency permitting process is complete, projects will typically enter the final design and bidding phase. During this time, focus should be directed toward construction-related permits. Construction permits may include RWQCB dewatering permit, conditional use permit, encroachment permit, traffic control permit, excavation permit, grading permit and stormwater pollution prevention plan (SWPPP). “As some of these permits have lead times as long as six months, attention to detail and early planning can prevent delays,” said Steve Jepsen, a Dudek senior project manager.

Some permits such as conditional use permits and coastal development permits often require a public outreach program. Therefore, it is important to develop project flyers, signage and a Web site to engage the public.



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