Regulatory Permits:

I usually get involved in these kinds of cases after someone has been issued a “stop work order” because no permit was obtained. These matters are usually pretty routine and there are not a whole lot of defenses that can be raised for not applying for a permit. The problem usually occurs when time has passed since the work was done, and the regulations have changed substantially since the work was done. This is a particular problem because the permit was granted based on the regulation at the time of application, and not at the time the work was originally done. The term “vesting” means the rules in place at the time a substantially-complete application is submitted are the ones that will control the issuance of the permit, whether or not the rules change between the time of application and the decision on the permit.

It is very important to have a good relationship with the planning department of any jurisdiction you are going to work with because often times it is such relationship, which determines how a case will be processed.

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