1. 16 MAY/JUNE 2012 | BUILDING IN MARYLAND AND WASHINGTON, DC
The Engineer’s Angle
Finding the Balance with Regulatory Agencies
By Francesco S. Gentile, Geo-Technology Associates, Inc.
O
ne of the great challenges of consulting is to competently
straddle the line between representing your client’s best
interests and achieving approvals from regulatory agencies that
appear to be at odds with those interests. Today’s development industry
is awash with complex bodies of regulations that influence, constrain, and
sometimes prohibit development.These regulations are administered and
enforced by regulatory agencies, represented by people who review and
approve the plans and reports prepared by consultants. These reviewers,
and their representative agencies, are often seen as “the opposition,” or
even “the enemy.” In reality, they are people who are doing their jobs, and
who are constrained by the laws and regulations they must uphold. Many
consultants work to achieve approvals within this regulatory framework.
A good consultant utilizes an understanding of that framework, in
conjunction with professional practice principles, to work with reviewers
to facilitate solutions that the reviewing agency can approve and that
maximize the client’s objectives. This article discusses some tools used
by good consultants to achieve their client’s goals without alienating the
reviewers who must approve their work.
Do good work.A plan or report that is clear,organized,well documented,
thorough, and well presented will be well received by a reviewer. A plan
or report that is difficult to decipher, incomplete, poorly substantiated,
or poorly organized will also be difficult to review, and more likely to
generate comments than approvals. Additional comments result in
additional review time, which will lengthen project schedules.The product
you submit to agency reviewers can paint a picture of professionalism or
incompetence. It can encumber the review process or facilitate it. More
importantly, your reports and plans can establish an expectation on the
part of the reviewer toward your next effort.This bias, if positive, will build
trust between you and your regulators that can lead to smoother reviews
in the future, and ultimately, to a reputation of respect for your work, your
integrity and your professionalism.
Build relationships with your reviewers. Reviewers are not just
agency representatives.They are people with whom you have to negotiate.
Treat them with courtesy, dignity, professionalism, even congeniality, and
you will get further than if you treat them as an adversary. Respect and
understand their position. Try to learn something of the tasks they must
perform and the procedures to which they must adhere. The insight
you gain into their job will facilitate your ability to respond accurately
and succinctly to their comments and requests. The trust you build with
reviewers may win you good will that will benefit you in future negotiations.
Represent your client. Reviewing agencies understand that you are
the developer’s advocate. Typically, it is not the goal of an agency to
stop a project, but to have it comply with the laws and regulations they
must uphold. Most consulting firms can prepare plans and reports on
behalf of their clients that will ultimately be approved. But how many
can save the client money? How many can increase the project’s return
on investment? Occasionally, if your client’s expectations are unrealistic,
your job as a professional will be to temper those expectations with reality.
To do otherwise would be a disservice to your client. As your client’s
representative, you should consider your client’s objectives as your own.
Treat their project as if it were yours. Think outside the box. The solution
you seek may require a coordinated effort with other consultants, other
disciplines. Be prepared for agency reviews, and fight hard for your client.
Anticipate their comments, and have responses prepared. Document
your statements with supporting data and regulations. Find ways to add
value to your client’s project.
Be cautious with difficult reviewers. Reviewers, like consultants,
come in all types. Some have egos that need to be considered, so
consider them. Some are “trying to save the Earth.” Empathize with them.
Some are stubborn. Chip away at them slowly. Utilize your knowledge of
the project, the regulations, and the rules and policies that constrain their
actions, to find a common ground that will allow them to grant approval.
In the rare case where you believe a reviewer is unyielding and wrong, do
not rush to their supervisor for assistance.Treat them professionally. Give
them one last opportunity to reconsider. Explain to the reviewer that you
understand their viewpoint, that you respectfully disagree, and that your
job requires to you seek another opinion from their supervisor. Hopefully,
this reviewer will remember your consideration when reviewing your
next project.
Any one of the practices discussed above can improve the odds of a
consultant gaining approvals for the client.Alternately, the consultant who
adopts all of these practices will not“win”in every circumstance.However,
the combination of preparing a thorough, well-presented, professional
product; treating reviewers with respect and consideration; being
prepared and knowledgeable in your discipline; and working creatively
and diligently for your client will earn you a respect and reputation that
will facilitate your work with agency reviewers while advancing your
client’s objectives through the development process. m
Francesco S. Gentile is a senior wetland scientist, at Geo-Technology Associates, Inc.
(www.mragta.com), a geotechnical engineering and environmental consulting firm providing
support to residential and commercial builders and developers.Mr.Gentile is a LandscapeArchitect
with 19 years of combined experience in the design and environmental planning fields.