Permitting + Compliance Support
Scope Tip
Clearly define which permits, approvals, and compliance requirements apply and who is responsible for each step. Identify responsibilities for preparing documentation, coordinating with agencies, submitting applications, paying fees, and carrying permit conditions forward into design and construction.
Scope Item Definition
Identify permitting, environmental review, land-manager approval, and other compliance requirements and develop or assemble the documentation needed to support those processes.
Permitting and compliance support should build from and integrate information developed through other project scope items rather than unnecessarily recreating planning and design work.
When / Where It Applies
Permitting and compliance support may be needed when a trail project requires permits, environmental review, land-manager approval, consultation, or other regulatory or administrative review.
The information required for these processes is often developed through other project scope items. Corridor planning may establish the project location, field design may provide the detailed alignment, and construction documents may provide specifications, drawings, quantities, resource-protection measures, and other information required for review.
Whenever possible, permitting and approval requirements should be identified early in the planning and design process. This allows information and documentation developed through other scope items to also support permitting and approvals, reducing duplication and helping ensure that required information is available when needed.
For more information: Review the Permitting & Approvals section of PTBA’s Trail Project Life Cycle resource for additional guidance on permitting considerations and how permitting fits within the overall trail development process.
Scope Considerations
Depending on the project, the scope should consider and clearly define:
Permits, approvals, environmental reviews, consultations, or other compliance processes to be addressed.
Responsibilities for identifying applicable requirements and coordinating with reviewing agencies, land managers, or other authorities.
Documentation to be prepared specifically for permitting, approval, or compliance purposes.
Information or documentation that will be developed through other planning and design scope items and incorporated into permit or approval packages.
Responsibilities for preparing, reviewing, signing, and submitting applications or other documentation.
Required agency, land-manager, or other coordination, meetings, or consultation.
Responsibilities for responding to comments, requests for additional information, or required revisions.
Responsibility for application fees, notices, specialized studies, surveys, consultations, or other direct costs.
How permit conditions, mitigation measures, BMPs, resource-protection requirements, or other approval conditions will be documented and carried forward into design and construction.
Required permit or approval tracking, status documentation, and other deliverables.
Owner-Provided Information
The owner should provide the following, if available and applicable:
Existing planning, design, environmental review, or other project documentation relevant to permitting and approvals.
Known permit, approval, consultation, or compliance requirements and previous agency or land-manager correspondence.
Existing environmental, cultural, biological, hydrologic, or other resource information and technical studies.
Available mapping, GIS data, surveys, property information, or other supporting site information.
Applicable agency or land-manager requirements, standards, forms, templates, or application procedures.
Existing permits, approvals, agreements, consultations, or other relevant authorizations.
Previous agency, land-manager, tribal, landowner, or other coordination and relevant findings, commitments, or decisions.
Deliverables
Depending on the scope, deliverables may include:
Summary or matrix of applicable permitting, approval, and compliance requirements.
Documentation requirements and recommended review or approval sequence.
Completed applications, forms, narratives, exhibits, or other permit-specific materials.
Compiled permit or approval packages incorporating documentation developed through other project scope items.
Documentation of agency or land-manager coordination.
Responses to review comments and revised materials.
Summary of permit and approval status, conditions, and outstanding requirements.
Documentation of conditions or requirements that must be carried forward into design or construction.
Pricing & Payment Considerations
The solicitation should clearly define the anticipated level of effort and pricing considerations, including:
Known or anticipated permits, reviews, consultations, and approvals.
Amount of required documentation already being developed through other project scope items.
Additional permit- or approval-specific documentation required.
Number of agencies, jurisdictions, land managers, or reviewing entities involved.
Meetings and agency coordination requirements.
Number of anticipated submittal and revision cycles.
Additional studies, surveys, consultations, or specialized services required.
Mobilization and travel requirements, if applicable.
Responsibility for application fees, notices, studies, or other direct costs.
How additional work resulting from agency comments or newly identified requirements will be addressed.
Pricing may be structured as a lump sum for clearly defined work or time and materials with a not-to-exceed amount when the extent of agency coordination, additional information requests, and revisions cannot be fully anticipated.
Common Scope & Contracting Issues
Treating permitting and compliance as separate from the planning and design process rather than identifying requirements early and integrating them into applicable project deliverables.
Identifying permitting requirements too late to efficiently incorporate them into project planning, design, and construction documents.
Recreating maps, plans, specifications, or other information that could serve both permitting and project implementation needs.
Not clearly identifying what additional permit- or approval-specific documentation is required beyond other project deliverables.
Not distinguishing between preparing permitting documentation, submitting applications, and managing the approval process.
Not clearly assigning responsibility for applications, signatures, fees, additional studies, consultations, and agency coordination.
Not accounting for agency review periods, comments, revisions, or requests for additional information.
Not carrying permit conditions, mitigation measures, BMPs, resource-protection requirements, or other approval conditions forward into design and construction.