Civic · 6 pages · 12 min

How a permit is a prior permission

A permit authorizes a described project before the work starts, rather than forgiving the work after it is done.

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From the opening

A permit is a prior permission, meaning the ordinance treats a named activity such as building, grading, or opening a regulated use as something that must wait for an official yes. The applicant shows that a described proposal meets the applicable rules, and the issued permit is the decision that this proposal may proceed. The opening covers the approval comes before the work, ministerial permits follow written rules, and discretion can require a hearing first.

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Inside

  • The approval comes before the work
  • Ministerial permits follow written rules
  • Discretion can require a hearing first
  • Later enforcement is not a permit
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Building permit as prior approval
  • Ministerial versus discretionary permission