RAPID/Roadmap/6 (2)

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Bulk Transmission Construction and Transportation Permits Overview (6)

Constructing a power plant requires numerous permits from Federal, state, and local governments, related to transporting construction materials, encroaching upon Federal and state right-of-ways, demolishing existing structures and building new structures and attendant stormwater control and other water-related matters.


Construction and Transportation Permits Overview Process

6.1 to 6.2 – Will the Activity Require Transporting Construction Equipment or Materials on State Roads?

State and local governments require transportation permits for transporting oversized equipment and construction materials on public roads. For specific requirements by state see:

Alaska

In Alaska, a developer needs an Alaska Oversize and/or Overweight Permit (Permit) from the Commercial Vehicle Customer Service Center (CVCSC) of the Alaska Department of Transportation and Public Facilities (DOT&PF) to operate or move a vehicle or load on any state highways if that vehicle or load is of a size or weight exceeding the limits described in 17 AAC § 25.011. For more information, see:Transportation:
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Arizona

Currently, the RAPID Toolkit does not have state specific content regarding Arizona rules and regulations for state transportation permits.

California

The California Department of Transportation (Caltrans) has discretionary authority under 15 Cal. Veh. Code § 35780 to issue Transportation Permits for the movement of vehicles on California highways and streets with loads exceeding the statutory limitations on size, weight, and loading. For more information, see: Transportation/Oversized Vehicle Load Permit:
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Colorado

In Colorado, a hydropower developer may need an Extra-legal Vehicle or Load Permit (permit) to operate or move a vehicle or load of a size or weight exceeding the legal limits on a State highway. 2 CCR 601-4 §103.1, Transport Permits for the Movement of Extra-Legal Vehicles or Loads. For more information, see: Extra-Legal Vehicle Permitting Process:
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Hawaii

In Hawaii, a developer needs an Oversized and/or Overweight Vehicle and Load Permit from the Hawaii Department of Transportation Highways Division to operate vehicles or transport loads of a size or weight that exceeds the maximum dimensions established by Hawaii Administrative Rules § 19-104. For more information, see: Oversize and Overweight Vehicles and Loads Permit:
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Idaho

In Idaho, a developer may need a Transportation Permit for oversize and overload vehicles on state highway. For more information, see: Transportation Permit:
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Illinois

Currently, the RAPID Toolkit does not have state specific content regarding Illinois rules and regulations for state transportation permits.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding Indiana rules and regulations for state transportation permits.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding Iowa rules and regulations for state transportation permits.

Kansas

Currently, the RAPID Toolkit does not have state specific content regarding Kansas rules and regulations for state transportation permits.

Michigan

Currently, the RAPID Toolkit does not have state specific content regarding Michigan rules and regulations for state transportation permits.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding Minnesota rules and regulations for state transportation permits.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding Missouri rules and regulations for state transportation permits.

Michigan

Currently, the RAPID Toolkit does not have state specific content regarding Michigan rules and regulations for state transportation permits.

Montana

The Montana Department of Transportation requires permits for the use of overdimensional and/or overweight vehicles on state highways under Montana Code Annotated 61-10-101 et seq. and Administrative Rules of Montana 18.8. For more information, see: Montana Overdimensional or Overweight Load Permit:
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Nebraska

Currently, the RAPID Toolkit does not have state specific content regarding Nebraska rules and regulations for state transportation permits.

New Mexico

The New Mexico Department of Public Safety (NMDPS) has the authority to grant permits for vehicles and loads that exceed the statutory limits outlined in NMSA 66-7-401-416 and codified in NMAC 18.19.8. For more information, see: Transportation Permit:
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Nevada

The Nevada Department of Transportation (NDOT) regulates the transport of oversized loads on Nevada's roads. For more information, see: Transportation Permit:
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North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding North Dakota rules and regulations for state transportation permits.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding Ohio rules and regulations for state transportation permits.

Oregon

In Oregon, a developer may need a permit for an oversize or overweight load, from Oregon Department of Transportation, on state highways. For more information, see:

Transportation Permit:
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South Dakota

Currently, the RAPID Toolkit does not have state specific content regarding South Dakota rules and regulations for state transportation permits.

Texas

In Texas, a developer may need a vehicle size and weight limits and oversize/overweight permit. For more information, see: Extra-Legal Vehicle Permitting Process:
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Utah

In Utah, special transportation permits are required if construction or operations will require the transportation of loads over the weight and size limits specified under the Utah Code. For more information, see: Transportation:
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Washington

In Washington, a developer may need an Oversize/Overweight Permit from the Washington State Department of Transportation to transport overweight or oversized loads to the construction site. For more information, see: Oversize-Overweight Load Permit:
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Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding Wisconsin rules and regulations for state transportation permits.

6.3 to 6.4 – Will the Activity Encroach on a State or Local Highway Right-of-Way?

State and local governments require an encroachment permit for any object placed in, over, or under a local or state highway right-of-way (i.e. towers, poles, pipelines, fences, and other structures), as well as when a private access road or driveway joins a public road.

Alaska

In Alaska, a developer must obtain a State of Alaska Department of Transportation and Public Facilities Encroachment Permit (Encroachment Permit) from the Alaska Department of Transportation and Public Facilities (DOT&PF) prior to constructing, maintaining, or changing an encroachment within a DOT&PF highway right-of-way (ROW), unless otherwise provided for by agency regulations. 17 AAC § 10.010; Alaska Stat. § 19.25.200(a). For more information, see:State Highway Right-of-Way Permit:
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Arizona

In Arizona, a developer may need a State Highway Right-of-Way Permit from the Arizona Department of Transportation. AAC R17-3-502(A). For more information see: State Highway Right-of-Way Permit:
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California

In California a developer must obtain a State Land Right-of-Way Permit from the California Lands Commission (Commission) if any portion of the project, such as roads, powerlines, or pipelines will cross over or occupy certain state land under the jurisdiction of the Commission. Cal. Pub. Res. Code § 6224.3. For more information, see: State Highway Encroachment Permit:
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Colorado

In Colorado, a developer may need a State Highway Access Permit and/or a State Utility-Special Use Permit for projects that encroach on a state highway right-of-way. For more information, see: State Highway Right-of-Way:
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Hawaii

In Hawaii, a developer may need a state highway right-of-way permit for any project activity that is adjacent to or within a state highway right-of-way.

Idaho

In Idaho, a developer must obtain a State Highway Encroachment Permit from the Idaho Transportation Department to add, modify, relocate, maintain, or remove an encroachment on a state highway. IDAPA 39.03.42. For more information, see:

State Highway Right-of-Way Permit:
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Illinois

In Illinois, a developer may need a Utility Permit from the Illinois Department of Transportation to work within the right-of-way of an Interstate, U.S. State route, Illinois state route, or state maintained roadway. 606 I.C.S §9-113; Illinois Department of Transportation Website – Utility Permits. For more information, see:

State Highway Right-of-Way:
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Indiana

Currently, the RAPID Toolkit does not have state specific content regarding Indiana rules and regulations for state highway encroachment permits.

Iowa

In Iowa, developers who plan to place utility lines in a state highway right-of-way need to obtain a Utility Permit from the Iowa Department of Transportation. For more information, see:

State Highway Right-of-Way:
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Kansas

In Kansas, a developer may need to obtain a Use of Highway Right-of-Way or a Utility Permit Agreement from the Kansas Department of Transportation if the project will involve the installation, relocation, removal, or maintenance along, over or under any state highway right-of-way. K.S.A.§§ 68-404, 415; Kansas Department of Transportation - Utility Accommodation Policy. For more information, see:

State Highway Encroachment Permits:
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Michigan

In Michigan, the developer of a utility may need to obtain a right-of-way construction permit from the Michigan Department of Transportation Development Services Division (MDOT) in order to construct facilities or undertake operations, other than normal vehicular or pedestrian travel, on a state highway right-of-way. For more information, see:

State Highway Right-of-Way Permit:
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Minnesota

In Minnesota, a developer will need to obtain a Utility Accommodation Permit from the Minnesota Department of Transportation in order to construct utility lines in a state highway right-of-way. For more information, see:

State Highway Right-of-Way:
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Missouri

In Missouri, a developer of a utility must obtain a right-of-way construction permit from the Missouri Department of Transportation (MoDOT), if the project will involve the installation, relocation, or maintenance of a utility on the right-of-way of a state roadway, or if the project will affect the roadway, shoulders or right-of-way. § 643.3.1. For more information, see:

State Highway Encroachment Permit:
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Montana

In Montana, a developer may need a number of state highway encroachments permits. For more information, see:

State Highway Encroachment Permits:
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Nebraska

In Nebraska, a developer must obtain an Occupy Right-of-Way Permit from the Nebraska Department of Roads (“NDOR”) to encroach upon any portion of a State highway right-of-way with an underground or aboveground pipe, pole line, conduit or guy wire. 39 N.R.S. §§ 1359(1), 1361; 410 N.A.C §§ 001.02, 002.02; Department of Roads Permit Application Guidelines, at p.2. For more information, se:

State Highway Right-of-Way
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Nevada

If the project requires the permanent (for one year or longer) encroachment on any Nevada streets, highways, or other ROWs, the developer will need to submit an Occupancy Permit Application to the Nevada Department of Transportation (NDOT). NRS 408.423(1). For more information, see: State Highway ncroachment Permit :
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New Mexico

The New Mexico Department of Transportation (NMDOT) District Offices protect the State’s right of ways (ROWs) and facilitate and coordinate the safe and efficient operation of New Mexico’s highways. For more information, see: State Highway Encroachment Permit:
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North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding North Dakota rules and regulations for state highway encroachment permits.

Ohio

In Ohio, a developer must obtain one or more permits from the Ohio Department of Transportation in order to “use or occupy” a portion of a state road or highway right-of-way. O.R.C. § 5515.01. For more information, see:

State Highway Right-of-Way Permits:
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Oregon

The Oregon Department of Transportation ODOT issues permits for encroachments of state highway right of ways. O.A.R. 734-051-1050(3)(b). For more information, see: State Highway Encroachment Permit:
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South Dakota

A developer must obtain a Utility Permit from the South Dakota Department of Transportation (SDDOT) to install, relocate, or expand utility facilities on or near an interstate or non-interstate highway right-of-way. 70:04 S.D. §§ 05-05.01. For more information, see:

State Highway Encroachment Permit:
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Texas

The Texas Department of Transportation (TxDOT) district offices protect the state’s rights of way (ROWs) and facilitate and coordinate the safe and efficient operation of Texas highways. For information, see: State Highway Encroachment Permits:
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Utah

The Utah Department of Transportation's Region Permits Offices protect the State’s right-of-way and facilitate and coordinate other highway users and provide for safe and efficient operation of Utah's highways. For more information, see: State Highway Encroachment Permits:
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Washington

In Washington State, developers who plan to place utility lines in a state highway right-of-way will need to obtain Utility Permit or Franchise from the Washington State Department of Transportation. For more information, see:

State Highway Encroachment Permits :
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Wisconsin

In Wisconsin, a developer must obtain a Utility Permit to construct, operate and maintain utility facilities within a State trunk highway right-of-way from the Wisconsin Department of Transportation. 66 Wis. Stat. §§ 66.0831. For more information, see:

State Highway Right-of-Way:
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6.5 to 6.6 – Will the Activity Cause Storm Water To Disturb the Soil?

If the project will cause storm water to disturb the soil, the developer will need a state construction storm water permit.

Alaska

In Alaska, a developer may need to obtain a General Permit for construction stormwater discharges from the Alaska Department of Environmental Conservation. For more information, see: Construction Storm Water Permit:
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Arizona In Arizona, a developer may need to obtain a General Permit for construction stormwater discharges from the Arizona Department of Environmental Quality. For more information, see: Construction Storm Water Permit:
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California

In California, a developer may need a General Permit for Discharges of Storm Water Associated with Construction Activities (General Permit) from the California State Water Resources Control Board (State Water Board) for storm water discharges from construction projects that result in a land disturbance of one or more acres or are part of a larger plan of common development that will disturb one or more acres. General Permit, § I(B)(18)-(19); 40 CFR 122.26(a)(1), a(9)(i), (b)(14)(x), (b)(15)(i). For more information, see: Construction Storm Water Permit:
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Colorado

In Colorado, a developer may need a Colorado Discharge Permit System General Discharge Permit (General Permit) from the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) for storm water discharges from construction activities that disturb one or more acres of land or are part of a larger common plan of development that will disturb one or more acres of land, where the discharge enters waters of the state.5 CCR 1002-61.1(1)(b), 61.3(2)(f)(ii)(A), 3(2)(e)(iii)(J), Applicability – Stormwater. For more information, see: Construction Storm Water Permit:
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Hawaii

In Hawaii, a developer may need a NPDES General Permit if construction activities will disturb one or more acres of soil or are part of a large common plan of development that, in total disturbs one or more acres. HAR 11-55-34.02. For more information, see: Construction Storm Water Permit:
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Hawaii

Idaho does not have authority from the United States Environmental Protection Agency to issue a construction storm water permit.

Stormwater Construction General Permit :
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Illinois

Currently, the RAPID Toolkit does not have state specific content regarding Illinois rules and regulations for state transportation permits.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding Indiana rules and regulations for state transportation permits.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding Iowa rules and regulations for state transportation permits.

Kansas

Currently, the RAPID Toolkit does not have state specific content regarding Kansas rules and regulations for state transportation permits.

Michigan

Currently, the RAPID Toolkit does not have state specific content regarding Michigan rules and regulations for state transportation permits.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding Minnesota rules and regulations for state transportation permits.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding Missouri rules and regulations for state transportation permits.

Michigan

Currently, the RAPID Toolkit does not have state specific content regarding Michigan rules and regulations for state transportation permits.

Montana

Montana regulates water quality under Montana Code Annotated 75-5. The Montana Department of Environmental Quality (DEQ) is responsible for regulating storm water discharges associated with construction activities in Montana. A developer seeking to begin construction activities that disturb one or more acres of total land must obtain a General Permit for Storm Water Discharges Associated with Construction Activity from the DEQ before beginning construction. Specific storm water discharge requirements are listed in ARM 17.30.1105. For more information, see: Construction Storm Water Permit:
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Nebraska

Currently, the RAPID Toolkit does not have state specific content regarding Nebraska rules and regulations for state construction stormwater permits.

Nevada

In Nevada, a developer may need a Construction Stormwater Permit from the Nevada Bureau of Water Pollution Control within the Nevada Division of Environmental Protection (NDEP) if the project will discharge stormwater into waters of the U.S. and will disturb one or more acres or is part of a larger common plan of development or sale that will ultimately disturb one or more acres. Nev. Rev. Stat. Ann. § 445A; Nev. Admin. Code § 445A. For more information, see: Construction Storm Water Permit:
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New Mexico

The Surface Water Quality Bureau (SWQB), within the New Mexico Environment Department, assists the EPA in the regulation of storm water discharges by performing inspections on behalf of the EPA and serving as the local point of contact for providing information to operators and other agencies regarding the federal regulatory program. For more information, see: Construction Storm Water Permit:
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North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding North Dakota rules and regulations for state construction stormwater permits.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding Ohio rules and regulations for state construction stormwater permits.

Oregon

In Oregon, a developer may need a Construction Storm Water Permit issued by the Oregon Department of Environmental Quality (ODEQ). For more information, see: Construction Storm Water Permit:
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South Dakota

Currently, the RAPID Toolkit does not have state specific content regarding South Dakota rules and regulations for state construction stormwater permits.

Texas

In Texas, a developer may need a Texas Pollutant Discharge Elimination System (TPDES) Construction General Permit from the Texas Commission on Environmental Quality (TCEQ) if the project will disturb one or more acres or is a part of a larger common plan of development or sale that will disturb one acre or more. Tex. Water Code § 26.040. If the discharge will disturb less than one acre, no permit is necessary, and the developer may continue with the project. For more information, see: Construction Storm Water Permit:
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Utah

In Utah, a developer may need a UPDES General Permit for Discharges from Construction Activities (Permit No. UTRC00000), also known as a Construction General Permit (CGP), from the Utah Division of Water Quality (DWQ) for construction activities that will discharge storm water into waters of the state and will disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land. UPDES Permit No. UTRC00000, § 1.1.2; Utah Code Ann. § 19-5-107. For more information, see: Construction Storm Water Permit:
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Utah

In Washington, a developer may need to obtain a Construction Storm Water General Permit (CSWGP) from the Washington State Department of Ecology (WSDE) if construction activities will discharge storm water to surface waters in Washington and will disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land. The WSDE regulates discharges from construction storm water through RCW 90.48 and Washington Administrative Code 173-226. For more information, see: Construction Storm Water Permit:
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Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding Wisconsin rules and regulations for state construction stormwater permits.

It is also important to consider the impact of the construction on the floodplain.

The Flood Insurance and Mitigation Administration, a component of the Federal Emergency Management Agency (FEMA), manages the National Flood Insurance Program. Nearly 20,000 communities across the United States voluntarily participate in the NFIP by adopting and enforcing floodplain management ordinances to reduce future flood damage. Buildings constructed in compliance with NFIP building standards suffer approximately 80% less damage annually than those not built in compliance. The NFIP also identifies and maps the nation's floodplains. Mapping flood hazards creates broad-based awareness of the flood hazards and provides the data needed for floodplain management programs and to actuarially rate new construction for flood insurance. Some state agencies help to develop suggested minimum guidelines that can be adopted by local communities to manage their stormwater and floodplains and to meet the FEMA NFIP requirements (e.g. Colorado Water Conservation Board's Floodplain and Stormwater Criteria Manual). Review of local floodplain management ordinances is typically incorporated into the local building permit process, so no additional permits are required. See Step 9 for more information. Some things to consider when submitting your permit application:

  • Is the site in the mapped floodplain?
  • Is the site in the mapped floodway?
  • Have other state and federal permits been obtained?
  • Is the site reasonably safe from flooding?
  • Does the site plan show the Base Flood Elevation?
  • Will new buildings and utilities be elevated properly?
  • Do the plans show an appropriate and safe foundation?
  • Has the owner submitted an Elevation Certificate? (the FEMA form can be found in the FEMA Library website by searching for "Elevation Certificate".)

Local ordinances are also developed to ensure that floodplains remain as floodplains. Floodplain fill can alter valuable floodplain functions, including wildlife habitat and wetlands and increasing future flooding risk. Floodway fill is allowed only if an engineering evaluation demonstrates that "no-rise" in flood level will occur.


6.7 to 6.8 – Does the Project Activity Require Discharge of Construction Dewatering Source Water?

A developer may need a Construction Dewatering Permit for construction groundwater is discharged to the surface or back into the ground.

Colorado

A developer needs a Colorado Construction Dewatering General Permit (General Dewatering Permit) “anytime groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities where the groundwater or commingled water needs to be discharged to surface water or back to the ground.” Construction Dewater Activities Frequently Asked Questions, at p.1. See,

Construction Dewatering Permit:
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6.9 to 6.10 – Does the Project Require Any Additional State Construction Permits?

Developer should reference any other construction permit applicable to the state in which the project will take place.


6.11 to 6.12 - Has a County Use Permit Been Obtained?

If a county use permit has not been obtained, then the developer should consult the County Use Permit Flowchart applicable to the state in which the project will take place.

6.13 to 6.17 - Will the Project Require Demolishing an Existing Structure, Building a New Structure, Grading Land, Installing Plumbing, or an Exception from Local Zoning Regulations?

Local governments require a demolition permit prior to the removal or demolition of any building, structure, or part thereof. Additionally, Local governments require developers to obtain a building permit for all new constructions or alterations to existing structures. Transmission projects, which include earthmoving and grading activities, usually require a grading permit from the local government. Local governments require plumbing permits for underground piping, piping inside of walls, above ceilings, and beneath floors. Finally, a conditional use permit (CUP) allows a local government to consider special uses that may be essential or desirable to the local community through a public hearing process that are not allowed under the local governments zoning regulations. Local governments may also use CUPs to control certain uses which might have negative effects on the community.

6.19 - No Permit Needed; Continue with Project

If no permit is needed, then the developer may continue with the project.



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