A Winning Formula for Permitting
PERMITTING GUIDE PUBLIC MEETINGS 28 A Winning Formula for Permitting Land-use entitlements continue to be challenging, but these suggestions can tilt the odds in your favor. by Gene Block EDITOR'S NOTE: This article was originally published in 2001 as a series of articles, however the suggestions outlined in the article remain vital in today's permitting environment. A s everyone connected with the aggregates industry knows, you can locate the best deposit imaginable, but if you can't obtain the necessary land-use entitlements or permits to operate, the property will never be mined. Obtaining entitlements and permits depends on many factors. These factors include the location of the deposit in relation to the surrounding land uses, the existing zoning regulations in the governmental jurisdiction where the deposit is located, and probably the most important of all, the politics of the local community and your company's reputation within the community. Having been involved in permitting numer-ous deposits for more than three and a half decades in a number of different localities in several states, I've learned that there is no magic formula to ensure success in the permitting area. In the final analysis, you can prepare a state-of-the-art mining and reclamation plan for a project. Required environmental reports can conclude that your proposal will not harm the environment. Yet the final decision as to whether you receive the necessary approvals from local decision makers always comes down to one factor local politics. Stated another way, it is always a political deci-sion whether to approve your request and to allow an expansion of an existing operation or to permit a new greenfield site. I do believe, however, that there are a number of things a producer can do to improve the odds of receiving the necessary ap-provals to mine a deposit. These steps begin before a written application is even submitted. THE PRE-APPLICATION PHASE Producers know years in advance that sooner or later they will need to get new acreage permitted at their existing location or move to and permit a greenfield site if they want to continue in busi-ness after their existing reserves are depleted. The earlier a producer begins to focus on the entitlement process, the better the chances are of receiving a favorable vote in permitting new reserves. The following steps are recommended in the pre-application phase. Option the reserves. In negotiating the acquisition of necessary land for additional reserves, I believe you are always better served by obtaining an option on the property rather than an outright purchase. This can be especially important if the landowner is a prominent or well-connected member of the community where