Resource agencies in the United States are not familiar with and do not like structure of design-build projects. This paper explores reasons for this and presents possible solutions for improving the permitting process in the design-build model. Benefits often attributed to design-build include cost savings, innovation in construction methods and faster project implementation. The permitting process in the United States has developed over the past 120 years, starting with Section 10 of the Rivers and Harbors Act of 1899. Over the years, new regulations have been implemented on the Federal and State level to improve the environment and protect our common heritage and natural resources. This patchwork of regulations can, however, lead to confusion, especially in the context of design-build projects. One of the guiding principles employed by permitting agencies is to review the project in its entirety, and to look at all impacts prior to granting a permit. Because of this, the permitting agencies want a "static design." In the design-bid-build world, this was relatively easy. The challenge arises with design-build projects because the contractor wants to innovate at the same time resource agencies are looking for a static design and construction methodology.
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