What is deemed approval? How does an applicant assert his or her right to deemed approval?
Generally stated, deemed approval is an applicant’s right to approval for a project as applied for, if a permitting authority has failed to issue a permit in the statutorily required time period. It is an open question under this new version of Chapter 117 as to how an applicant must assert this right. Some believe that the right to deemed approval, and the right to take action on an application, vests immediately upon the failure of the permitting authority to issue a permit in the requisite time period. Others believe that an applicant must take an appeal to the next highest tribunal to assert that right and be granted a permit to build the project. References to deemed approval can be found at 24 V.S.A. 4448(d) and 4464(b)(1).
Related Questions
- To become a Congestion Revenue Right Account Holder (CRRAH), will an applicant be required to register both as a Qualified Scheduling Entity (QSE) without resources and as a CRRAH?
- Once an applicant has been selected and we submit the PAR to Human Resources, were done with the hiring process, right?
- How is the deemed liability for 1b disposal wells located on the same surface lease as a WM approval calculated?
