Flexibility Reduces Permit Delays for Electric Substation |  |
Flexibility in the layout and design of a project can help minimize permit delays. Shifting a proposed communications tower a few feet may eliminate the need for a costly zoning variance. Moving a power plant 100 yards may remove it from a wetlands buffer. A slight reduction in the height of a wind turbine may avoid the need for an exhaustive viewshed analysis. Eliminating a discharge to a navigable waterway may avoid the need for a permit from the U.S. Environmental Protection Agency, a review by the U.S. Army Corps of Engineers, or a filing with state and local wetlands preservation agencies.
The point to be stressed is that minor changes in project design can dramatically shorten the regulatory timeline and even the number or complexity of the federal, state, and local approvals that a project must secure.
Recently, Snyder & Snyder helped secure approvals for a large electric substation based on thoughtful (and relatively inexpensive) project design changes. Opposition to the substation was substantial. However, we helped our client craft a design compromise that mitigated the visual impact of the substation and addressed concerns over potential noise and vibrations. Using landscaping, slotted fences, down-tilted lighting, and other measures, the developer gave the substation a stealth appearance, which made it far less of a concern to the community. Similar approaches have been used in response to community opposition against cell towers, public safety radio facilities, and waste-to-energy facilities.
Design flexibility in all stages of the permit review process can have many benefits, including improved chances for approval, a shortened review period, enhanced project credibility, and diminished public opposition.