Six Tips and Best Practices to Successfully Navigate the Entitlement Process for Commercial Developments
This article is written by Brooke A. Holmes, Associate Attorney,
Brownstein Hyatt Farber Schreck, LLP.
Zoning regulations can be intricate and complex. However, new development projects or modification to an existing development may require land use entitlements. Understanding how to best navigate the entitlement process can help move your project forward efficiently. Here are six tips and best practices to successfully navigate this process.
1. Research and Understand Local Zoning Regulations.
It is recommended to familiarize yourself or work with consultants or land use counsel familiar with local zoning regulations to better understand how your project fits (or does not fit) within existing regulations. The first step is understanding the current zoning classification of your property, including if there are overlays that create additional restrictions or requirements and if your property is subject to a master plan. If your project is a part of a master plan, you will need to understand if there are alternative zoning requirements that will govern your project. This information can be critical at the early stages of development as it will affect design, permitted uses and other standards. Being prepared can also help you forecast what types of land use applications may be required..
2. Conduct Thorough Research.
Gather data on similar projects and approvals, local goals and policies, community needs or initiatives and potential impacts to support your requests. You should also better familiarize yourself with the surrounding areas and compatibility with existing uses. It is important to note, however, that there is no one-size-fits-all. Doing some research in advance will go a long way.
3. Prepare Comprehensive Documentation.
Carefully review all plans and application materials prior to submittal. You should confirm your materials satisfy all submittal requirements. Be flexible in making practical adjustments in advance to expedite the review process in order to limit comments or revisions requested by each reviewing department. Having a well-established and fully vetted comprehensive plan set prior to submittal will help your project move forward more smoothly and timely. Be responsive to requests and provide additional documentation as needed.
4. Understand Current Processing Times.
It is important to understand current processing times and submittal processes. Each jurisdiction has different submittal deadlines, guidelines and processing times. These are also constantly changing timelines to address current demands or the need to implement a different, more efficient process. You should understand and include potential delays when estimating and preparing timelines for your project. Timing can be critical and may increase costs if your approvals or permits get delayed. It is important to be realistic and factor in additional time to allow for unforeseen delays. There is a lot that goes into entitlements and you may need additional time to successfully address comments or plan updates. Sometimes delays are out of your control, so factor in additional time. Lastly, keep track of deadlines and required submissions to avoid delays in the process.
5. Engage Early with Stakeholders and Be Open to Feedback.
Regardless of whether your project is a high-impact project, complex project or a small development, it can be advantageous to preview your project with local officials, community groups and neighbors early in the process to build relationships and understand their concerns. Through preplanning, you can receive feedback, input and address questions or concerns prior to submittal. While this may require factoring in additional time for approvals, it can reduce comments and additional revisions, which can ultimately help expedite the review and approval process. Working as a team and obtaining preliminary feedback can be critical. Keeping an open dialogue and quickly responding to additional requests or modifications will also help you expedite the approval process.
6. Utilize Experts.
Consider engaging with consultants, counsel and other specialists early on in the development process. The entitlement and permitting process can be complex and having a team to quickly address and navigate technical aspects will be extremely beneficial. Your team will have experience in working with stakeholders, addressing similar requests and furthering your objectives. Those with experience can highlight concerns, preemptively address concerns and help you understand all that can be required in the entitlement process. Each jurisdiction is different, each project is different, and navigating the process can be cumbersome. Bringing team members to the table who have specific strengths will make the process more seamless and rewarding for all involved.
In summary, the land use entitlement process is a critical component for all development projects. Utilizing these key tips and practices will be advantageous to your success. These include being familiar with local regulations, doing your homework and being prepared, engaging early on with key stakeholders, and utilizing the experts.
