Designing Federal Permitting Programs

Recommendation 2015-4 – Designing Federal Permitting Programs describes different types of permitting systems and provides factors for agencies to consider when designing or reviewing permitting programs. The recommendation discusses both ‘‘general’’ permits (which are granted so long as certain requirements are met) and ‘‘specific’’ permits (which involve fact-intensive, case-by-case determinations), as well as intermediate or hybrid permitting programs. It encourages agencies that adopt permitting systems to design them so as to minimize burdens on the agency and regulated entities while maintaining required regulatory protections.

Citation: Admin. Conf. of the U.S., Recommendation 2015-4, Designing Federal Permitting Programs80 Fed. Reg. 78164 (Dec. 16, 2015).

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Designing Federal Permitting Programs

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Regulatory permits are ubiquitous in modern society, and each year dozens of federal agencies administering their regulatory permit authority issue tens of thousands of permits covering a broad and diverse range of actions.[1] The APA includes the term “permit” in its definition of “license.” In addition to agency permits, the APA defines licen

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