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Permitting: Successfully zoning asphalt assets continues to be tricky

Whether zoning a new mix plant or even specifying an asphalt rail trail, public concern is at an all-time high. NAPA continues to update its members-only environmental advocacy materials that can assist producers and specifiers when zoning such assets.

Recently, NAPA assisted a member company in overcoming a highly-contentious zoning reclassification appeal, by providing pertinent and credible materials focused on mix plant emissions. In another zoning situation, NAPA worked directly with a town to help address community concerns during the permitting  the permitting and construction of an asphalt rail trail adjacent to a drinking water reservoir.

Our documented brief helped address and respond to community misperception comments like “paving the trail with petrochemicals contaminating the surrounding wetlands … watershed and drinking water is absolutely a clear violation … [to] protect the … environment.” As our brief indicates, that statement is simply inaccurate.

Because zoning, permitting, and allowance of asphalt assets is increasingly based on local issues, especially with a current focus on Environmental Justice, NAPA sees successful resolution when applicants take deliberate, step-wise efforts to properly address pertinent concerns.

However, and unfortunately, many of these contentious zoning decisions are either being elevated to higher state authority or litigated in court –by the applicant, dissenters, and even those caught in the middle. NAPA continues to provide member assistance with contentious zoning situations and we encourage you to contact NAPA early in your due diligence phase.

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