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Magistrate: issuance of Floodplain Development Approval (FDA) constitutes compliance; parties to submit joint stipulation
Summary
In a petition about repeated FDA‑related violations, the magistrate confirmed that issuance of the FDA permit is the benchmark for compliance under ULDC 175‑110 and directed parties to prepare a joint stipulated order clarifying next steps and any additional permit dependencies.
Counsel for a property owner petitioned the magistrate for a determination about what constitutes compliance where repeated Floodplain Development Approval (FDA) violations have been found. The petitioning counsel, Katie Edwards Walpole, sought clarity on whether filing an FDA application or issuance of an FDA constitutes compliance.
Town counsel and the respondent’s counsel agreed on the record that, under ULDC 175‑110, compliance is achieved when the required FDA permit is issued. Magistrate Amity Barnard said she will memorialize that determination in the hearing minutes and prepare a joint stipulated order if the parties submit one. The town and respondent agreed to continue discussions and preparation of a joint stipulation addressing remaining permit steps, including any additional permits (e.g., right‑of‑way or land‑development permits) that might be required to complete compliance.
