Permit 'Catch-22' targeted

The area’s congressional delegation recently introduced a bipartisan bill aimed at addressing regulatory problems that have impeded the progress of prospective economic development sites, including Commonwealth Crossing Business Centre in Henry County.

U.S. Rep. Robert Hurt, R-Chatham, and U.S. Rep. Morgan Griffith, R-Salem, joined U.S. Sens. Tim Kaine and Mark Warner, both Democrats, in introducing the Commonsense Permitting for Job Creation Act (H.R. 3434 and S. 1914) in both houses of Congress, Hurt’s office announced Wednesday in a news release.

When local entities work to secure a site preparation permit from the Army Corps of Engineers to attract job-creating manufacturing firms, the Corps often has been reluctant to issue the permit if there is a lack of a company that has publicly committed to the site and prepared detailed blueprints, the release noted.

"A company understandably will not establish a facility at the site without an approved permit, but a permit cannot be approved without a company willing to locate at that site, creating an unfortunate stalemate situation," the release said. "The Commonsense Permitting for Job Creation Act specifies that the lack of a committed end-user company should not be a reason to deny a permit that meets all other legal requirements."

According to Henry County Administrator Tim Hall, the Catch-22 permitting issues at the Commonwealth Crossing Business Centre site at the southern edge of Henry County played a major role in the creation of the new legislation, although the permits for CCBC eventually were granted.

"I would say that our situation probably generated the interest on the federal level in a piece of legislation that could impact either our project or subsequent projects," Hall said. "Of course, we’ve moved past the point of needing that legislation specifically for Commonwealth Crossing, but it certainly made sense to us to work with (federal representatives) to try to craft it. Ultimately, we didn’t have to use it, but there are certainly other areas that may have to use it, and we may have to revisit it at some point in the future."

Henry County received the Commonwealth Crossing grading permit on April 4, 2014, after more than two years of delay. The grading of the site is expected to be completed in January.

"We think it’s a good piece of legislation, and that it is what it says it is: A commonsense approach," Hall added.

The same scenario Henry County faced is playing out at Pittsylvania County’s Berry Hill Mega Park, which boasts 3,500 acres of publicly owned land, Hurt’s release said. Berry Hill is the largest site of its kind in the state and the fifth largest on the East Coast, making it uniquely situated to generate economic activity, but this regulatory obstacle has stymied an economic development project with the potential for job creation, the release said.

"Last April, we were pleased that the Corps issued a long-overdue permit to the Henry County Industrial Development Authority to proceed with development of the Commonwealth Crossing Business Centre. But the bureaucratic red tape that prevented this economic development for far too long continues to restrict job creation at Berry Hill and similar economic development sites across the nation," Hurt said in the release. "The Commonsense Permitting for Job Creation Act will allow exciting projects, like the one at Berry Hill, to move forward and create jobs while adhering to appropriate environmental protections. An economic-development site that could attract new businesses should never be delayed or denied because of so-called ‘speculative development’ concerns, and I am pleased that we are making strides toward eliminating this regulatory interpretation."

The other lawmakers praised the bill as well.

"In Southern Virginia, several economic development sites have had difficulty securing necessary water permits without a company committed to the site, but prospective companies are reluctant to commit to a site until all permits are in hand. This bill fixes that ‘chicken and egg’ issue," Kaine said.

"Generating economic activity, attracting new investment and creating new job opportunities in Southside Virginia and all across the commonwealth remains my highest priority," said Warner. "The current regulatory process, which requires a committed end-user company, creates a regulatory Catch-22 that unnecessarily constrains economic growth. Our bipartisan, bicameral legislation will alleviate this economic stalemate by preventing the lack of a committed user from being used as a reason to deny a permit."

"I was pleased the Army Corps ultimately issued a site preparation permit for Henry County’s Commonwealth Crossing Business Centre, but this misguided, arbitrary permitting process stalling growth in our communities must be stopped," Griffith said. "The Commonsense Permitting for Job Creation Act would put an end to this policy, helping to speed up development and encourage the creation of good-paying jobs."

U.S. Reps. Ann Kirkpatrick, D-Ariz,, Randy Forbes, R-Va., Barbara Comstock, R-Va., and Richard Hanna, R-N.Y., are also original cosponsors of the legislation.