Avoid Permitting Pitfalls: Streamlining Your Project Approval Process

Permitting isn’t an exciting aspect of landscape design/build work, but it is a necessary element. How it’s handled can greatly impact your project’s timeline and overall customer satisfaction.

Setting Realistic Timelines and Expediting the Permitting Process

“When can we get started?” is one of the most pressing questions your clients will have, and it’s important to provide realistic timelines from the start. Being upfront with your customer can help mitigate misaligned expectations.

Emily Inglis, a landscape architect with Kane Landscapes, based in Oak Grove, Virginia, says prior to the pandemic, they could walk a permit from department to department in a day to get everything approved. Then, when everything went online, that process jumped up to two weeks for a walkthrough permit.

Now, the minimum wait is three to four days.

“Some permits like a giant land disturbance permit with an engineer grading plan and so on and so forth, it can take six months,” Inglis says.

Hayden LaForge, operations manager for Landscape Creations of RI, based in Saunderstown, Rhode Island, says the timeline also depends on how busy the building department is and whether there are follow-up questions or revisions required. He says coastal permits through the Coastal Resources Management Council can take up to three to four months since they must go through a formal review board process tied to their meeting schedule.

“You’ve really got to know what you’re dealing with in terms of permitting, and then that will let you know how long it can take,” Inglis says. “The simpler the thing that needs permitting, the less time it takes, but it can be anywhere from three days to six months.”

The best way to expedite the permitting process is to make sure you’ve done your homework and what you submit is incredibly thorough. If one of the departments ends up flagging an issue where you have to resubmit, every department has to review the permit packet again.

 “If you want things to go quickly, you need to make sure that your permit packet is really well researched, really well designed, very clear and that you are prepared with any questions that your reviewers might have,” Inglis says.

LaForge recommends building a strong, respectful relationship with local inspectors as they will quickly learn which contractors consistently meet code, follow procedures, and respect timelines.

“Being known as someone who does things the right way — without pushing for shortcuts or exceptions — goes a long way in keeping your permits moving smoothly,” LaForge says.

Inglis says another method for keeping permits going smoothly is to hire a permit expediter. Their job is to stay on top of the process and keep things rolling while your team is out in the field.

Common Filing Mistakes to Avoid 

Small errors like typos in the street name or missing information in a required field can all cause you to have to resubmit a permit packet.

“There’s a lot of detail involved, so careful proofreading goes a long way,” LaForge says. “If you have a good relationship, sometimes the inspector will help flag what the issues are for you.”

Inglis recommends making sure your design packet is clear and concise so it can be quickly understood by the reviewers.  

Permits are usually denied due to a missing design element or a structural detail that needs clarification.

“The contractor then provides the architect, or engineer, with a clear explanation of what the building inspector is requiring,” LaForge says. “From there, the plans are revised to meet code and resubmitted for approval.”

Inglis says in some cases there may be an obscure rule you didn’t find during your research process, but other times there are things that you cannot do, and these designs shouldn’t be submitted in the first place. There is an appeals process, but it’s very time-consuming and may still result in a rejection.

“I’ve done it for a client who wanted a screened-in porch, even though every rule said no,” Inglis says. “They’re like, ‘Well, can we get a special permit? Can we get a variance? Can we get an exception?’ You can go down that road, but you have to be prepared for all that time and money to be a complete waste.”

Another aspect you may need to consider, depending on your client’s location, is their HOA requirements. While HOAs can’t contradict county or city codes, they can be more restrictive. This is why it is best to design in reverse with the narrowest constraints as set by the HOA.

While they don’t have the authority of a municipality, they can still cause headaches for your clients, which is why it is best to design within their guidelines to start with.

“While rare, if enough HOA members raise concerns at a public hearing, it can delay a permit,” LaForge says. “We recommend reviewing HOA requirements alongside municipal codes to keep projects moving smoothly.”

Inglis recommends not scheduling a job until all necessary approvals are in hand. She says you should provide a tentative estimate, rather than a firm start date.

“If schedules are managed proactively, permitting shouldn’t delay the start of a project,” LaForge says. “It’s the contractor’s responsibility to build realistic timelines and account for lead time to secure permits based on the project’s scope and location.”

Addressing Delays

If worst comes to worst and you do end up dealing with delays in the permitting process, make sure you have a game plan to keep your crews busy and your client informed.

LaForge recommends identifying what work your crews can do without an inspection, as typically there will be some aspect of the project where progress can still be made.

“If no work can proceed, crews may be temporarily reassigned to other active projects to keep the firm’s overall workload on track,” LaForge says.

Inglis cautions against starting a project without a permit because if it doesn’t come through, then you can end up with an open job site that’s left sitting for weeks or months.

“That’s where contractors sometimes get a bad name,” Inglis says. “They’re like, ‘Oh, they haven’t been here in weeks.’ That’s really disturbing for the homeowner, because literally their yard’s torn up. Their lives are in tumult, and it’s because you’re waiting on a permit.”

It’s critical to keep your clients abreast of what’s going on with the permit process. Thankfully, most municipalities have transitioned to online permitting portals so it’s easier to see your application status and keep your customers informed of where it is in the process.

LaForge says they let their clients know upfront what the typical permitting timelines look like and explain that they can vary depending on the scope and location of the project. If issues crop up, they provide updates quickly.

“Clients will understand that if you tell them,” Inglis says. “What they hate is being left in the dark.”

Inglis says while you may be accustomed to how long the process takes for a certain type of permit, your clients may assume that you’re not doing what you said you were going to do.

“If you don’t let them know, and you say, ‘Oh yeah, it’s going to be sunshine and roses, and we’ll let you know,’ you’re not setting them up for success,” Inglis says. “You really need to let the client know what is the worst-case scenario and how you are going to handle it if that does come to pass.”