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November 16, 1987
Chapter 380 Implementation
Problem: There is a duplication in the Development of
Regional Impact (DRI) process conducted by RPCs and
DCA as it relates to permitting activities.
Agencies that require permits must participate in conceptual
agency review. All agencies will be required to attend the
preapplication conference. The participation of a DRI developer
is mandatory unless he gives notice to the RPC that he is opting
out. The developer has 30 days after the preapplication
conference to notify the RPC that he is opting out. The agencies
must adopt conceptual permit rules by July 1, 1989. The
conceptual review is governed by Chapter 120 and subject to
provisions for default approval under Chapter 120. Air pollution
and hazardous waste are added to those programs for which the
agency must establish by rule a set of procedures necessary for
conceptual agency review. If an agency grants conceptual
approval, DCA and the RPC may comment on the regional
implications of the conceptual approval but may not make
conflicting recommendations or findings. In the absence of
specific authority set forth in applicable law or ordinance the
development order shall not conflict with a conceptual approval.
The developer may in his discretion, elect to submit a complete
permit application and receive a full permit review concurrent
with DRI review.
The application for development approval and the procedural rules
for DRI review should be revised to accomplish the following:
a) maximize coordination efforts between the DRI
review and permitting process.
b) facilitate the review of developments of
overriding state benefit such as areawide and downtown
DRIs and other developments as identified in the state
Comprehensive Plan. The criteria to identify such
developments shall be developed by the approved agency
in consultation with the applicable agencies.
c) designate types of development or areas suitable
for development in which modified information required
for DRI review shall apply.
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d) update the types and level of information required
in the application for development approval in order
to eliminate unnecessary information submittals.
Therefore, the DCA in consultation with the RPCs shall
initiate rulemaking in order to revise the ADA and DRI
review procedural rules to accomplish the above needs.
Representatives from all regional and state agencies
which participate in the DRI review process shall
attend all rule workshops and public hearings held
pursuant to these rules revisions.