Property development in the past was traditionally regulated by local cities and counties. Today more than ever, land developers need to focus their attentions and be aware of the numerous federal and state laws which protect wetlands, endangered species, forests and water resources when they are contemplating a development project.   Developers must be aware that from the very beginning of the project, the process will involve obtaining land use and environmental approvals in order to successfully develop the site in an effective manner. These land development changes are here to stay. 

 What Factors Have Influenced Changes:

1. The U.S. Army Corps of Engineers have been instrumental in creating a variety of federal and state related approvals and more restrictions that have resulted in significant costs to developers who must make the appropriate changes to comply with wetlands mitigation requirements.     
2. New endangered species lists and critical habitat designations are creating more government regulations and approvals.  Agencies such as the U.S. Fish and Wildlife Service and National Marine Fisheries now have more mitigation authority over land development projects.
3. Water issues and land development are being dramatically impacted.  For instance, today all levels of government are now involved with endangered species protection and public water allocations caused by severe droughts and water shortages in certain parts of the country.  Water quantity and quality are now part of the land use decision process.

 
Many municipalities have adopted water setback ordinances for bodies of water such as streams. There are numerous forest protection acts, erosion prevention laws and other legislation that have popped up over the last decade that are increasing laws and regulations affecting development projects. Federal agencies are issuing large fines against business entities and filing criminal actions against private individuals for violation of environmental laws.  In turn, private citizens are filing lawsuits against the federal and state governments to modify regulations affecting development projects.

Natural resources are influencing how the development project will go forward or in some cases whether the project will go forward at all.   Developers must understand this natural resource permitting process and how it affects their project before they begin any permitting process.  The following are recommendations to understanding the process:

1. Prepare in the very initial development process by identifying early any natural resource or environmental permits that may be needed by using your legal and technical development team’s resources and relying on their advice.  Plan ways to avoid the natural permit process and be prepared to spend a considerable amount of time and money.
2. Consider changing your project so that it will not have a significant impact on wetlands or endangered species.  If this is not possible, focus on what special permits you will need and start the application process as soon as possible so that you are able to plan accordingly.  Conducting species surveys is a good way to find out if there are endangered species that will be affected by the development of the site. 
3. Identify water issues.  Make sure that you have sufficient water rights and water supply. Obtain all storm water permits and meet waste discharge requirements by applying for these permits early on.  Also investigate whether nearby water sources have restriction issues and have a plan to deal with and solve those issues.
4. Research and investigate local government regulations, setback provisions, water and erosion law and regulations and forest regulations.

By investigating and addressing these issues at the beginning of the project, you will be more successful in obtaining any required natural resource permits and successfully completing your project.