What next after permit denial?

JoeT

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It hasn't happened to me yet, but I like to be prepared for all outcomes, and I have no idea what to do after a permit application is denied. What are the next steps?
 
Location
United States
I'd say that it largely depends on why the permit was denied. It could be as simple as some oversight while filling out the paperwork, in which case you'd make the corrections and resubmit. Or you might need to rethink your whole project. For instance, maybe you were hoping to drill somewhere that also happens to be the habitat for a rare species of lizard. You might reroute your project away from the habitat, or perhaps you could relocate the lizards before you begin drilling. The bottom line is that you'd want to look at why the permit was denied, then work from there.
 
You can usually appeal the denial, so it wouldn't hurt to check into that. Some law firms and environmental consultants specialize in such appeals. Of course, it could get costly, so you'd need to consider whether it's worth it.
 
It hasn't happened to me yet, but I like to be prepared for all outcomes, and I have no idea what to do after a permit application is denied. What are the next steps?
In most cases you would start with appealing the decision. But, you need a reason for the appeal, like why you believe it was incorrect to be denied the permit. If they detail what the issue was, make sure you read it thoroughly and make sure you correct any mistakes. Make any required changes to overturn it. If not, you should be able to apply for another permit, just make sure everything you plan to do is within reason and within the rules.
 
If all fails, appeal and try again. If you are unsure as to why you failed originally, speak with whoever failed you, and appeal to them. Ask them questions about why you were declined and what the next steps are to appeal the choice. They should also detail what reasons why you didn't qualify, if you write those wrongs, they will probably approve you for a permit once all the proper info is gathered up.
 
Like I mentioned earlier, it hasn't happened yet, but it sure is nice to know how to handle a rejection if it does happen. I hate walking into things blindly. Thanks for going through the proper steps with me. I feel better prepared than I did a few days ago.
 
When your permit is denied, you can explore options such as appealing the decision through administrative processes, addressing the issues that cited in the denial, modifying the application to meet the guidelines, or seeking alternative permits or regulatory pathways.
 
The permitting agency should be transparent about why the permit was denied. Modify whatever it is you need to modify to ensure the permit gets approved. If you paid a fee to submit the permit application, some permitting agencies waive the fee if you resubmit within a certain time frame (like 6 months).

AirTechSolutions@myyahoo.com
 
It sounds like you have submitted the application (for whichever media this is) and are waiting for agency review. To help avoid frustration for you and the permit reviewer, its best to have an open line of communication regarding any possible issues with the application, and make it clear that you are ready to amend or append the application as *required*. Maintaining such communication is also important for project timelines, as permit denials can result in significant delays.

If you are denied it may be administrative (fix the paperwork), technical (fix the calculation or adjust the proposed construction), or based on zoning - location - public (this is the hardest one.) In any event, you will always have a chance to address the issue following a denial - but it is not as good a solution as working the the permit engineer as necessary during review.

Dean Kaiser, Stratus Environmental
I'm retiring so don't look for my company info here! :)
 
The permitting agency should be transparent about why the permit was denied. Modify whatever it is you need to modify to ensure the permit gets approved. If you paid a fee to submit the permit application, some permitting agencies waive the fee if you resubmit within a certain time frame (like 6 months).

AirTechSolutions@myyahoo.com
Yeah they should let you know why you were denied, it would be kind of weird if they never told you why. And it's good to know that they can waive the fee if you resubmit in that timeframe.

It sounds like you have submitted the application (for whichever media this is) and are waiting for agency review. To help avoid frustration for you and the permit reviewer, its best to have an open line of communication regarding any possible issues with the application, and make it clear that you are ready to amend or append the application as *required*. Maintaining such communication is also important for project timelines, as permit denials can result in significant delays.

If you are denied it may be administrative (fix the paperwork), technical (fix the calculation or adjust the proposed construction), or based on zoning - location - public (this is the hardest one.) In any event, you will always have a chance to address the issue following a denial - but it is not as good a solution as working the the permit engineer as necessary during review.

Dean Kaiser, Stratus Environmental
I'm retiring so don't look for my company info here! :)
What if you're denied a second time? Do you still get another chance to re-apply?
 
Yeah they should let you know why you were denied, it would be kind of weird if they never told you why. And it's good to know that they can waive the fee if you resubmit in that timeframe.


What if you're denied a second time? Do you still get another chance to re-apply?
You can always reapply, there are infinite opportunities to reapply, but if you don't fix the issues then you'll never get approved. The permitting agency should identify the reasons a permit application was rejected. A lot of the work I do is in Texas, and TCEQ is very good about providing very detailed "notice of deficiencies" explicitly stating the issues with the permit application and/or facility that need to be addressed in order to be approved, so there isn't any "guessing".

AirTechSolutions@myyahoo.com
 
Yeah they should let you know why you were denied, it would be kind of weird if they never told you why. And it's good to know that they can waive the fee if you resubmit in that timeframe.


What if you're denied a second time? Do you still get another chance to re-apply?
That is going to be specific for the permit and the agency but in my line of work the answer is typically yes. In fact you may be encouraged to re-apply, as the alternative would be to take the issue to a governing board and no regulator wants that.
 

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