Entitlement and Permitting

Entitlements are usually defined as the rights and restrictions that are given through a land use amendment, zoning, site plan, platting approval or development order by a local government.  These rights describe the land uses, number of units or square footage of buildings allowed by the approval.  The restrictions may include the amount and timing of construction or payment for a required roadway or other improvements to meet concurrency requirements.

The terms negotiated in a development approval, an impact fee credit agreement or a utility service agreement can determine to what extent it will be profitable and possibly whether a project succeeds or fails.  When negotiating these entitlements and project approvals, the upfront costs and phasing of the infrastructure and off-site improvements should always be kept in mind.

Regulatory permitting typically includes the permits for sewer system, water system, the roadways and the storm water management system. The water management district permit, commonly called an Environmental Resource Permit, evaluates not only the stormwater components of the project, but includes wetlands and endangered species.

When the wetlands are deemed jurisdictional, an Army Corps of Engineers permit may also be required.  Negotiation of the environmental impact mitigation requirements can be a major portion of the project expenses.