Under California's Permit Streamlining Act, a local agency must approve or deny a development project application within specified timeframes. If the agency fails to act within the deadline for a project that requires an EIR, what happens?
Correct Answer
A) The project is automatically approved by operation of law
Government Code 65956(b) provides that when a lead agency or responsible agency fails to approve or disapprove a development project within the time limits of the Permit Streamlining Act, the failure to act is deemed approval of the permit application. For a project requiring an environmental impact report, the decision period runs from certification of the report, so missing that deadline produces a deemed approval by operation of law. The one condition is that the public notice required by law must have occurred, and an applicant who gives the agency advance notice may provide that public notice if the agency did not. Section 65956(a) separately allows a writ action under Code of Civil Procedure 1085 to compel the agency to give the notice or hold the hearing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
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