
8.
LEGAL, INSTITUTIONAL, AND ENVIRONMENTAL CONSIDERATIONS
This section focuses on the many local, state, and Federal laws that
apply to microhydropower'development,
the regulations that are involved,
and the problems that must be addressed in getting the certifications,
permits' and licenses or exemptions necessary to proceed with construction
of a microhydropower project.
The fact that microhydropower developments
are very small and may cause very little impact does not, in most cases,
exempt the developer from complying with these laws and regulations.
Fortunately, there is an ongoing effort. at all levels of government-to
simplify the licensing procedures for microhydropower developments.
The process of obtaining the necessary permits and licenses or
exemptions for any hydropower project should always be started at the
beginning of the project.
A systematic approach to licensinga will
greatly reduce the time required and minimize the pitfalls encountered.
This systematic approach should begin with the initial agency contacts.
The key agencies in the licensing process should be alerted early to the
proposed project and asked for informaticn on the prerequisites for their
specific permits, certifications, licenses, etc.
The developer must deal
with three levels of government:
local, state, and Federal. Normally, all
three levels must be fully satisfied before construction can begin. At the
local level, the developer must comply with county, township, or municipal
planning and zoning regulations.
Especially where urban development has
surrounded an existing dam,
it is important to make sure that a generating
facility is acceptable under applicable codes. A building permit and
possibly other local permits are needed to build or refurbish a
microhydropower development.
Normally, cognizant state agencies and the
Federal Energy Regulatory Commission require compliance with local laws
before issuing their respective licenses.
a. As used here, the term "licensing" includes all permits, licenses,
certifications, letters, and exemptions necessary for a project.
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