When planning a construction project or purchasing a vacant parcel in San Juan County, navigating the initial process is key. The first step, in my opinion, is to hire one of the professional land use consultants as this endeavor is very challenging. Even if one works in the industry and is knowledgeable about the process, it can be character building. To be honest, I am in the industry, and I wouldn’t take on the building permit process without a consultant.
A design and permitting expert’s role is to determine whether a parcel contains any critical areas that could impact a project. It is also important to remember that not all parcels have the same rules; meaning not all parcels require the same amount of work to acquire a permit. Each parcel has a designated zoning type and that type then needs to be cross referenced to the County's land use codes.
One of your first decisions will be how to proceed with the permit application. You have several options, but the most typical include processing a Residential Pre-Application (RPA), a Grading and Tree removal Permit or if your project is straight forward with no time restrictions, heading forward with the formal building permit application.
If you are purchasing unimproved land, the issue will be the time restraints that you may be operating under to process your feasibility study per the purchase contract. Typical contracts allow you 60-90 days to determine if the parcel is suitable for you. The ideal situation is to delay closing until such time that you have a formal building permit in hand for your project. However, based on the permitting process turnaround times at the County level, this may not be possible as the seller may not agree. The County is taking anywhere from 8-14 months, subject to the completeness of your application and complexity of your project. That doesn’t include the time needed to prepare the application and reports by your service providers.
If you already own the property and you have the time, processing the formal building permit is the standard practice. However, it is helpful, early in the process, to obtain an indication from the County whether your concept will be approved for a formal building permit. Therefore, an RPA or Grading and Tree Removal Permit should be in your initial steps.
If you are on the waterfront, processing the RPA or Grading Permit before you spend tens of thousands of dollars on architectural work is your best option. At this point, new construction on the waterfront is just too complex and burdened with regulations and rules that you need to understand prior to opening your wallet wide open.
In San Juan County, permit requirements for individual parcels of land vary significantly depending on geography. Factors such as proximity to shorelines, wetlands, or steep slopes influence County regulations. As mentioned above, parcels near marine shorelines fall under the Shoreline Master Program, requiring additional environmental review. Likewise, land within critical areas, such as wetlands or wildlife habitats, must meet stricter development guidelines to protect the environment.
Zoning and land use designations also affect permit requirements. A rural residential parcel may have different set-back and density rules than one designated for agriculture or forestry. Sloped or geologically hazardous areas require geotechnical assessments to ensure stability before construction. These geographic differences mean that even neighboring parcels may face different permitting processes, highlighting the need for site-specific analysis before development.
Residential Pre-Application
The Residential Pre-Application (RPA) with the County is a conceptual approval of the footprint for the residence under the rules that exist at the time of review. While the RPA report is non-binding on the County, constructive reliance can be used for planning your new home including the home site, setbacks, tree removal, location for the driveway, and well and septic, if applicable. This is a valuable tool to utilize upfront so that your design team and contractor have solid direction from the County early in the process.
If you are attempting to purchase the parcel, unfortunately, the RPA process is taking up to 9-12 months to get approval from the County due to shortages of staff and backlogs. In the past, we were able to obtain the approval of the RPA within our typical 30–90-day feasibility study as contained in the purchase contract, but now we can only get the prospective buyer confidence, but nothing in written form from the County. Due to the timing delays, this is no longer your best option if you are purchasing.
If you have the time as you own the property, your designer or architect may process the RPA for you as part of their service. If not, you can hire a land use consultant. The cost to process the RPA with a land use consultant is around $2300-$5000 which includes the County fees. It varies based on the complexity of the lot. That fee does not include the numerous expert reports that may be needed for the RPA, especially if located on the shoreline.
Reports to obtain an RPA may include but are not limited to:
· Property Survey
· Tree Removal Plan
· Compliance with set- backs; side and shoreline
· Archaeological Study
· Geo Hazard Study
· Flood Insurance Determination if near stream, pond or shoreline.
· Certificate of Water Availability, if the well is private and within 1000 feet of the shoreline, you must process a draw down test.
· Geomorphologist report for the biological assessment for the no net loss of the shoreline ecological function
· Septic System perc, design and permit
· Storm Water Management
The good news is these reports are valid for 3-5 years and are the same reports that are needed for the formal building permit application. Bottom line, if the results of any of these reports are problematic, you should seriously consider re-evaluating your project.
The bad news is the costs of these reports could be in the range of $35,000-$50,000. A buyer of unimproved property must be comfortable with this level of expenditure as these reports could prove that the property is not suitable for their needs and therefore, all these expenditures are a loss.
Again, as the RPA is not binding, and in light of constant regulation changes, an RPA should only be used for near-term planning.
The only way to bind or vest your project under the current rules is with a complete permit application that has been submitted to the County. Once the application is deemed complete, that becomes the effective date prescribing which version of the regulations shall apply.
Grading and Tree Removal Permit
This permit is required for activities like clearing vegetation, removing trees, or grading land for construction purposes. It ensures compliance with environmental regulations and local codes, particularly in areas with critical habitats or erosion concerns.
The main difference between the RPA and this type of process, a Grading and Tree Removal Permit is binding as it is a permit that the County approves based on the regulations at the time of issuance.
It is a much more streamlined process and can provide valuable information about the suitability of the property or feasibility of the project in much less time.
Some designers, consultants and architects have been using this tool instead of the RPA as it is a permit and binding. They “piggy back” the reports and site plan needed to confirm whether the client can build what and where they desire and submit them with the Tree Removal and Grading Permit. The result is when the County approves the Grading Permit they are also approving the reports that were attached. And unlike the RPA, it is binding through a regulation change as long as it is an active permit and was deemed a complete application prior to regulation change. It is a way to manipulate the system to obtain a binding permit versus just getting confidence. Of course, by adding various reports to the submission, the time to process at the County level is lengthened. They have been taking 60-90 days.
Below, I have compared these options, highlighting their advantages and disadvantages.
Pros for RPA:
1. Comprehensive Review: Addresses all aspects of the project,
from land preparation to construction and environmental compliance.
2. Streamlined Planning: Helps avoid future conflicts by identifying
issues early in the design process.
3. Integrated Feedback: Facilitates coordination with various County
departments, ensuring a cohesive development strategy.
4. Reduced Long-Term Delays: Early identification of challenges
minimizes surprises during later permitting phases.
5. Guidance on Environmental Protection: Ensures compliance with
critical area ordinances, shoreline regulations, and storm water
management upfront.
Cons for RPA:
1. Higher Initial Costs: The RPA process involves more extensive fees
compared to a standard grading permit.
2. Longer Timeline for Initial Review: The comprehensive nature of
the process means it may take longer to receive approval.
3. Not Ideal for Small-Scale Projects: For projects limited to grading
or tree removal, the RPA process may be excessive.
4. Potential for Over-Planning: Some applicants may feel the process
involves unnecessary steps if their projects are straightforward. For
these types of projects, they would head straight towards the formal
building permit.
Pros for Grading and Tree Removal Permit
1. Focused Scope: Targets specific activities (grading and tree
removal) rather than addressing the broader development process.
2. Quicker for Small Projects: If the project involves minor changes,
obtaining this permit may take less time than a full RPA.
3. Lower Initial Costs: The fees are generally smaller than those for a
full development review.
4. Flexibility for Staged Development: Suitable if you’re preparing
land before making detailed development plans.
Cons for Grading and Tree Removal Permit
1. Limited Scope: Covers only grading and tree removal activities,
requiring separate permits for building, stormwater management, or
other components.
2. Environmental Complexity: May trigger additional reviews, such
as for critical area compliance or water runoff mitigation.
3. Risk of Redundant Work: Focusing on tree removal or grading
before finalizing a development plan could lead to rework if plans
change.
4. Potential Delays with Additional Permits: Subsequent permits
may involve longer approval times, delaying the overall project.
Comparison
| Residential Pre-Application | Grading / Tree Removal Permit |
Scope | Comprehensive project review | Specific to land clearing and grading |
Timeline | Longer due to broader review 9+ months | Generally quicker 60-90 days |
Cost | Higher due to comprehensive scope | Lower initial fees |
Complexity | Integrated into a single process | Focused, but may need additional permits |
Environmental Impact | Thorough environmental assessment | Basic checks on clearing and grading |
Which Option to Choose?
• Opt for Grading and Tree Removal Permits if your project involves only
initial site preparation, you are not yet ready for full-scale
development. However, it is beneficial to include your feasibility reports if already processed.
• Choose the RPA Process if you have a well-defined project and want
a smoother path to obtaining all necessary permits and approvals.
Especially if your project is located on the waterfront. However, your
project start date needs to be immediately after the RPA is issued to
avoid regulation changes as the RPA is not binding.
Understanding your project’s scope and long-term goals is crucial in deciding which approach suits your needs.
After researching and writing this article, I favor the Grading and Tree removal permit with as many of the investigative reports attached as possible. This approach is what I intend to recommend to my purchasing clients.
If you would like contact information for a land use consultant, surveyor, well purveyor, septic designer, architect or designer, general contractors, archaeologist, marine biologist, and/or geologist/hydrogeologist), be sure to contact me. I have an extensive list of recommended service providers.
As with all my articles, the opinions expressed herein are solely my own. And these opinions are based on my personal experience, observations, and from interviewing and reviewing both public and non-public information sources.
Written by:
Merri Ann Simonson and Michael Ausilio
Coldwell Banker SJI Designer/Land Use Consultant
360-317-8668 360-298-4841
2-2025
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