TITLE 42
State Affairs and Government

CHAPTER 42-35
Administrative Procedures

SECTION 42-35-3.5


   § 42-35-3.5  Simultaneous regulatory, licensing, and permitting processes. – (a) Any state agency with regulatory or permitting authority over a business shall establish a process whereby, at the option of the business and, if applicable, upon the presentation by the business of a preliminary determination by the municipality that the subject proposal is consistent with the applicable municipal zoning ordinances, the agency will conduct a simultaneous review and approval process with one or more other state or municipal agencies, and will not require prior approval of one or more state or municipal agency before beginning the review and approval process.

   (b) Nothing in this section shall entitle a business to recoup or recover any costs or fees associated with the simultaneous regulatory or permitting process. If one or more state or municipal agencies fail to approve a permit, license, or regulatory application, thereby influencing the granting of a contingent approval from another municipal or state entity, the business may not recover any associated costs from the agencies involved in the simultaneous review process; provided, that this section shall not effect the ability of a business to recoup or recover costs associated with the licensing, permitting, or application processes allowed under any other chapter.

   (c) All state agencies shall inform businesses of the possibility that one or more other state agencies may fail to approve a contingent permit, license, or regulatory application, and that the business may not recoup or recover costs associated with one application due to the denial or disapproval of another.

History of Section.
(P.L. 2010, ch. 247, § 2; P.L. 2010, ch. 258, § 2.)