Emergency permitting does not bypass the review process but it does change the sequence of the review process. Certain environmental conditions trigger thresholds constituting “Emergency Status”. Two coastal projects are used below as illustrations of “Emergency Status”. Each Town’s Conservation Commission may have it’s own protocol for determining and responding to, requests for this status. Many towns are unfamiliar with Emergency Permits and have no established protocol.
The same perception of emergency status may not be shared by both regulators and property owners. For instance, the catastrophic loss of land to coastal erosion may not, by itself, constitute an emergency. However, if a structure or part of a structure is imperiled, or if it can be demonstrated that a structure is in imminent peril due to that catastrophic erosion, the situation may qualify for status.
Coastal storm damage to a structure supporting a building, in this case an abandoned septic system, qualified for emergency status because it required an immediate response. Emergency response protocols cannot incorporate Notice of intent timeline delays. The NOI is submitted ex post facto, usually within 30 days of receiving the Emergency Permit. The Conservation Commission certifies the emergency by reviewing submitted information (site plan; photographic evidence; proposed response protocol) and voting to issue an Emergency Permit to perform necessary work immediately. In some towns, the building commissioner may need to certify a structural emergency to the Commission. In some cases the Commission Agent may be authorized to issue an Emergency Permit but the Commission should be called to an emergency session.In rare circumstances, when responding to a large scale situation or when Commission officials are not available, a town administrator may be authorized to certify an emergency situation.
The cement block on the damaged and undermined concrete slab, can be seen as a temporary support, holding up the middle of the building’s edge.
Tides, potential storms and the fact an emergency already existed, required a high level of commitment, communication and collaboration, between Safe Harbor, the available emergency contractor, the building commissioner’s office and the Conservation Agent.
Concrete footings for new pilings beneath the center of the structurehad to be hand poured. Standard piling installation was not practical.
It is critical to work with a contractor experienced with working on a tidal beach and who knows which type of equipment to use for each phase of the work.
Since a new building code for coastl construction was now in effect, the entire area beneath the structure had to be reinforced. The underside of the building now required sistering of support beams. The availability of emergency repair materials, in this case special dimension composite beams and stainless brackets, caused unexpected delays.
Safe Harbor protects the Emergency Permit process by providing constant monitoring, inspections and critical on site meetings with all parties. In this particular case, the pending sale of this commercial property had to be put on hold, requiring an additional level of critical communication.
A second case study of Emergency Permitting also responds to coastal erosion.
The exposed septic system and aggressive erosion of this site constituted an emergency.
Erosion also threatened the adjacent town road.
This emergency began when an entire property lot vanished from the area shown in this photo. This is an ongoing project at this time (12/2010). More details and updates will be posted here.