5 TIPS FOR SUCCESSFULLY WORKING WITH LOCAL GOVERNMENT

As commercial and residential construction expands, developers and builders face increased demands and restrictions from local government. Also, more and more builders are expanding their businesses to not only construct homes, but to develop land. Navigating through local ordinances for platting, conditional use permits, or variances for example, can be time consuming, confusing, and certainly sometimes frustrating for people accustomed to only the business world.

            As a City attorney, and an attorney who represents many contractors and developers, I have had the opportunity to see the process from both sides of this table. There are certain tactics that should be used when working with local government to make the process for the builder/developer much smoother. Here are my top five tips that developers should follow in order to be successful in obtaining necessary local government approvals.

            1. Be Nice. If you are interested in sabotaging your request to a city or county from the outset, then be angry, arrogant and combative. The biggest mistake I see developers make is to show their frustration or temper to the council, commission, or employees when things are not going their way. Nobody likes dealing with a jerk. Remember, don’t be presumptuous when dealing with local government. Most times, cities and counties do not need your development in their area because they have enough headaches with the housing, budget, road and police problems with what they already have in place.

            It is important to be calm and cooperative when working with local government. If you cannot control your temper and are easily frustrated, then do not attend the meeting or be the one to work with city or county employees. Instead, send a persuasive replacement who knows how to deal effectively with difficult situations. It is important to have a good relationship with cities and counties, and following this rule will put you well on your way to fostering that connection.

            A government may seem unreasonable and unfair, but remember, you have to deal with them. You cannot take your plat elsewhere. Smile, be calm, cooperate as much as you can. Most times you will get what you need in the end.

            2. Be Proactive. When you have the support of city or county administrators, getting approvals from a council or commission will go much smoother. Once you begin your platting process, or realize the need for a conditional use permit, go discuss the matter with the city clerk or the county’s planning and zoning office before attending the council or commission meeting.

            Working with the administrators will alert you to possible roadblocks from the council or commission, and/or provide you with ideas to make your request more palatable. Also, if you have been made aware of a possible problem with your request, do not be afraid to bring in an expert to answer questions on your behalf at a meeting. By doing these things, you will present yourself as being professional and cooperative, while allowing the council or commission to get all of their questions answered so that they may approve your request the night it is proposed.

            3. Educate yourself. Every city or county has their own set of ordinances and procedures. Read them. You need to understand the city or county’s rules so that you can understand how to meet them or if you need to request an exception from them. If you have a working knowledge of the city or county’s procedures, advocating for your position at a council or commission meeting will be much easier. Also, it never hurts to prepare a presentation incorporating city or county rules so that they are easy to reference during your discussion. Your likelihood of success will increase and you will be taken more seriously by the council or commission if you can advocate for your position in a knowledgeable and comprehensible fashion.

            4. Don’t threaten to sue. If you think the Courts are going to rescue you and your plat, think again. The Court’s calendar is filled with family and criminal law cases. Judges do their best, but its not likely they will have the time or experience to save your plat. Remember too that it will take two plus years for your case to get through the Trial and Appellant Courts.

            Moreover, threatening to sue the city or county is in no way threatening to the city or county. Local governments are insured by trust funds. They have more time and money than you. Threatening to sue a city or county creates little additional work or expenditure of resources for the city or county. Threats of suing will do nothing for you, but cost you a lot of money and create a sour relationship between you and the city or county from that point forward. If things aren’t going your way at the meeting, see rule number 1.

            5. Don’t expect fast action. Don’t wait until the last minute. In this day and age, everyone understands that government action is not very speedy. Local government decision-making can get very political, so it is not surprising to see a request tabled for further consideration or to be decided at a later meeting. It may take a while for you to get all of the approvals necessary to move forward with your project. Remember to allot extra time for government approvals when developing the time line for commencement of your project.

           These tips, though seemingly obvious, are not followed by many contractors and developers. When working with cities and counties remember these suggestions. By following these tips your interactions with staff and elected officials will be more pleasant, and your requests will more likely be approved.

 Racheal M. Holland is an associate with Rinke-Noonan and practices in areas of construction law and litigation, mechanic's liens, real estate and environmental litigation, and municipal law. She is the City Attorney for Foley, Minnesota.