If you’re looking to branch into design/build work, a critical element to master is navigating the permitting process so your projects can be approved in a timely manner.
“I think people can underestimate the permitting process in general,” says Hayden LaForge, operations manager for Landscape Creations of RI, based in Saunderstown, Rhode Island. “It’s easy to get caught up in the excitement of construction and focus on what happens once the shovel hits the ground. But permitting needs to be planned from the start. It comes down to staying in touch with local officials and respecting their timelines. One thing’s for sure: once the inspector is aware of your project, they won’t overlook a thing!”
What Triggers a Permit?
The areas you work in will dictate what design elements specifically call for a permit, but in general, anything structural will require a permit, such as pergolas, pools and walls.
“A general rule of thumb is anything that is an overhead or load bearing structure, so think rooftops, decks, things that you stand on that are floating and going to have weight above the human body or below the human body, those are typically all going to be things that require permits,” says Emily Inglis, a landscape architect with Kane Landscapes, based in Oak Grove, Virginia.
Additionally, jobs that involve utilities that connect to gas, electricity or sewers have their own governing bodies to comply with.
“The ones where people often get tripped up is the land disturbance and stormwater management criteria, because those vary drastically, even within the four counties and two cities that we do a lot of work in, the rules are completely different,” Inglis says.
LaForge says in their area, the Coastal Resources Management Council (CRMC) oversees additional permitting related to coastal zones and buffers.
Inglis recommends being aware of what criteria would trigger the permit process before having a conversation with a client, rather than assuming a permit is not necessary.
“Think that everything requires a permit and be pleasantly surprised when they don’t,” Inglis says.
Staying On Top of Permitting Requirements
Permitting is handled at the municipal level, and the requirements will vary from town to town.
“The most reliable approach is to check directly with the local building department and inspector,” LaForge says. “They can offer clarity on both the formal process and any local nuances in how codes are interpreted for your project.”
Inglis adds that typically each county or town has their own website with all the pertinent information needed for contractors. Municipalities also often have an engineer or planner on call, available to answer any questions you may have. Another tool you can use is Municode, which features the most recent version of municipalities’ codes.
While permitting codes don’t change drastically overnight, it is important to monitor them on a regular basis. LaForge says the closer you are to a city, the more regulations you are likely to encounter. He recommends maintaining communication with local officials to stay in the loop.
“It’s important to build strong relationships in the towns where you work,” LaForge says. “We make a point to speak directly with local building departments and share plans early in the process to confirm permitting requirements. Staying proactive and collaborative helps avoid surprises and ensures compliance from the start.”
Inglis estimates the codes get updated about every two years.
“For every single project, obviously, once you put permitting in, you have to be on the most recent version of the code and stuff is going to crop up,” Inglis says. “Every department changes the code every two years or so. There’s this rolling cycle of building just did theirs in 2019, but now planning is updating theirs, so you always have to be on top of it. You always should know the most recent version of the code that you’re dealing with.”
Inglis recommends keeping your clients informed of any impending changes you see on the horizon that could impact their overall design, such as a reduction of impermeable area allowed for lots.
Depending on the nature of the project, you may want to try to get things submitted and approved under the current code as fast as possible in order to be grandfathered in or wait until the new code goes into effect.
“If you go and you make a plan revision and you resubmit it, then you are responsible for going up to date to the new code,” Inglis says. “You really have to know your plans, and you really have to know all the nuances and nitty-gritty that go into it and make sure your client is committed, but also understands the flexibility that they’re going to have to have. The project might not be able to go in exactly as designed if there are changes upcoming.”
Because of the nuances that come with permitting, it is best for everyone on the design and construction team to have a cursory knowledge of the permitting process and what calls for a permit or not.
“Designers should absolutely be considering permitting implications as they develop plans — so they’re not drawing elements that won’t meet code,” LaForge says. “For example, anything over 30 inches in height typically requires a railing.”
From an administrative perspective, it is best to designate one point person who handles the permitting process for your team. LaForge says at their company, their project manager leads this aspect.
“Once a project is approved, one of the first steps the PM takes is to contact the town and begin permitting,” LaForge says.
Advice For Others
Inglis suggests that if you’ve never had to deal with the permitting process before, work with vendor partners or a mentor. She says you also need to price things accordingly, as it will be a learning process.
“You might, as an owner, say it’s worth it for me to use this as a learning experience, but you also should tell the client, ‘This is going to be a learning experience for us both. I’ve never pulled this permit,’ Inglis says. “Creating that sense of unity, of ‘We’ll get it figured out, and we’re going to go through things together.’ If you act like an expert and then try to fumble your way through it, it’s going to show.”
Transparency and not trying to do it all on your own for the first time is critical. Inglis says you should lean on your municipalities and understand the codes are there for a reason.
“If you look at that relationship in a super antagonistic lens, you’re doing yourself a disservice,” Inglis says.
LaForge agrees that you should be a good partner to the inspector.
“Do what they ask and avoid pushback unless there’s a truly compelling reason,” LaForge says. “Even then, approach the conversation with curiosity versus being argumentative. Building a respectful, cooperative relationship with local officials is one of the best ways to keep your projects on track.”
Key Takeaways
- Anything structural will call for a permit. It’s better to assume it does and confirm.
- Codes are updated on a regular basis. Develop strong relationships with local officials and monitor for changes to prevent surprises.
- Treat inspectors and municipalities as partners, communicate transparently with clients, and don’t hesitate to seek mentors or vendor support if you’re new to permitting.
