§ 136-93.1. Express permit review program.
§ 136‑93.1. Expresspermit review program.
(a) Program Created. TheDepartment shall develop a fee‑supported express permit review program ineach highway division. The program is voluntary for permit applicants andapplies to permits, approvals, or certifications that allow for a connection tothe State highway system through the use of a driveway, street, signal,drainage, or any other encroachment.
(b) Implementation. Anindividual highway division may opt out of the express permit review program createdunder this section if the highway division routinely reviews and issues specialcommercial permits within an average of 45 days. Any express permit reviewprogram created under this section shall be supported by the fees establishedpursuant to subsection (e) of this section.
(c) Procedure. Inreviewing a permit application under the express permit review program, theDepartment shall undergo the following steps:
(1) The Departmentshall, within three business days of receipt, determine whether an expresspermit review application is complete. If the Department determines the expresspermit review application is not complete, the Department shall return theexpress permit review application and all fees to the permit applicant to allowfor a complete express permit review application to be resubmitted to theDepartment.
(2) If the Departmentdetermines the express permit review application is complete, the Departmentshall, within 45 days, issue or deny the permit based upon its review of theapplication. Failure of the Department to issue or deny the permit within 45days is a denial of the express permit review application.
(d) Staffing. Inorder to implement the express permit review program, the Department mayutilize either of the following or a combination thereof:
(1) Existing Departmentstaff and resources.
(2) Contractedengineering firms supporting each highway division to provide express permitreviews, comments, and recommendations for issuing express permits. If theDepartment utilizes contracted engineering firms to provide work under thissection, any fees received by the Department pursuant to subsection (e) of thissection shall be credited towards the cost of the Department utilizing thesecontracted engineering firms. Any additional costs associated with engaging thecontracted engineering firm shall be agreed to by the permit applicant prior toincurring the costs and shall be paid by the permit applicant.
(e) Fees. TheDepartment may determine the fees for an express application review under theexpress review program conducted by highway division staff. Unless a contractedengineering firm is utilized, the maximum permit application fee to be chargedunder this section for an express review of a project application requiring allof the permits listed under subsection (a) of this section shall not exceedfour thousand dollars ($4,000). Notwithstanding Chapter 150B of the GeneralStatutes, the Department shall establish the procedure by which the amount ofthe fees under this subsection are established and applied for an expressreview program permitted by this section. The fee schedule established by theDepartment shall be applicable to all divisions participating in an expresspermit review program.
(f) Use of Fees. Allfees collected under this section shall be used to fund the cost ofadministering and implementing express permit review programs created underthis section. These costs include the salaries of the program's staff and costsof contracted engineering firms.
(g) Reports. No laterthan March 1 of each year, the Department shall report to the Fiscal ResearchDivision and the Joint Legislative Transportation Oversight Committee on theexpress permitting review program. The report shall include the cost ofadministering the program in each division, the number of express permitsissued, the turnaround time for permits, the amount of fees collected perdivision, and the method that divisions use to implement the program. (2008‑176, s. 1.)