DOEE No Longer Issues Environmental Approvals Prior to EISF Approval

WASHINGTON, D.C.

According to Branch Chief, Julienne Bautista, beginning in June 2020, The District Department of Energy and the Environment (DOEE) will no longer issue environmental approvals in advance of the conclusion of Environmental Impact Screening Form (EISF) review process.  This interpretation of DCMR Title 20, Section 7203.6 means that applicants will not be able to obtain Erosion and Sediment Control (ESC) approvals, Stormwater Management (SWM) approvals, or Green Area Ratio (GAR) approvals prior to the finalization of an EISF process.

20 DCMR 7203.6    No agency shall issue any license, permit, certificate, or authorization until completion of the environmental impact review process by the lead agency.  Final Rulemaking published at 44 DCR 2799 (May 9, 1997)

 This interpretation defeats the primary intent of DCRA’s BCIV Permit—to accelerate review and approval of ESC and SWM plans.  Where previously, a applicant could obtain DCRA permits to perform ground clearing operations, excavation, sheeting and shoring, and foundation work prior to the EISF approval, the EISF process will need to be concluded before any substantial ground disturbing activities are conducted.  InterAgency will track this issue closely to see how this code reinterpretation effects the building industry and what it means for your construction projects moving forward.  To discuss in detail, please reach out to InterAgency’s Civil Director, Justin Donnelly, at justin.donnelly@interagency.biz.