Posted by on 10.20.16
--Remember that preparation involves tomorrow as much as today. More than a few home builders have been frustrated when their applications were delayed due to circumstances occurring after the applications were submitted. Provisions in the Endangered Species Act offer a good example of how this can happen. Every application to the Corps must address a project’s impact on endangered or threatened species.
But if a species is added to either list after the application is filed, the applicant must still address the impact. That’s why applicants are well-advised to investigate the potential for future ESA designations and preparing impact statements. By taking this step, home builders can save four to six months in delays.
Home builders should also understand the implications of the Corps’ proposed Nationwide Permits published earlier this summer. The Corps issued two new Nationwide Permits and re-issued 50 existing permits. These could potentially delay a project if not properly permitted or result in fines if work is found to be in violation.
In sum, we see an emerging environment of greater complexity for permit applicants including home builders and developers. This environment will place a premium on staying abreast of shifting requirements, sound planning, and patient execution.