§201-62  Facilitated application process. (a)  State agencies are required, and county agencies are authorized andencouraged, to participate in the facilitated application process set forthherein.

(b)  The department shall serve as the leadagency for the facilitated application procedure and shall be the lead agencyto administer the facilitated application procedure for any project thatrequires both county permit applications and state agency approval.

(c)  The procedure shall be as follows:

(1)  An applicant for two or more state permits mayapply in writing to the department requesting a facilitated application processfor the consideration of the application.  The written request shall includesufficient data about the proposed project for the department to determinewhich other agencies or authorities may have jurisdiction;

(2)  Upon receiving a written request for thefacilitated application process, the department shall notify all federal,state, and county agencies or authorities that the department determines mayhave jurisdiction over part or all of the proposed project, and require thosestate agencies or authorities and invite those county and federal agencies orauthorities to participate in the facilitated application process;

(3)  The applicant and each agency or authorityrequired or agreeing to participate in the facilitated application processshall designate a representative to serve on the facilitated application reviewteam;

(4)  Any state agency or authority designated by thedepartment as a party to an application review that is not able to participate,shall submit an explanation, in writing, to the department as to the reasonsand circumstances for noncompliance;

(5)  The representatives of the agencies, authorities,and the applicant may develop and sign a joint agreement among themselvesidentifying the members of the facilitated application review team, specifyingthe regulatory and review responsibilities of each government agency andsetting forth the responsibilities of the applicant, and establishing atimetable for regulatory review, the conduct of necessary hearings, preparationof an environmental impact statement if necessary, and other actions requiredto minimize duplication and coordinate the activities of the applicant,agencies, and authorities;

(6)  Each agency or authority shall issue its ownpermit or approval based upon its own jurisdiction.  The facilitatedapplication process shall not affect or invalidate the jurisdiction orauthority of any agency under existing law; and

(7)  The applicant shall apply directly to eachfederal or county agency that does not participate in the facilitatedapplication process.

(d)  If a state regulatory permit is necessaryto obtain a county permit, then a county agreeing to participate in thefacilitated application process may advise the applicant of the facilitatedapplication procedure.  To apply for the facilitated application procedure,applicants for county permits involving state permit approvals shall submit aform, which shall be issued by the department; provided that this procedureshall apply only to state permits that need to be approved by a state agencyfollowing a review of the plans and certifications submitted by the applicant. State permits that are approved by rule require only that the licensed designprofessional certify that the plans and specifications are in compliance withstate rules.  No review by a state agency is required for state approval. Plans and specifications requiring state agency review shall be submitted withthe facilitated application procedure to the appropriate state agency, with acopy to the department.  If a state permit is approved by rule, then theparticipating county shall provide a set of drawings and specificationssubmitted by the applicant to the state agency that developed the rules.

In developing the procedures for approval byrule and by review, permit requirements shall be clearly stated.  Performancestandards, rather than specific technologies or procedures, shall be specifiedwhen appropriate.

(e)  For purposes of this section:

"Permit by review" means permitsapproved by the appropriate state departments.

"Permit by rule" means permitsapproved by administrative rule. [L 1985, c 237, pt of §4; am L 1987, c 87, ptof §1; am L 1997, c 127, §3; am L 1999, c 243, §2]

 

Cross References

 

  Business actioncenter, see chapter 201D.

  Concurrentprocessing, see §46‑15.7.