If a local permit officer is informed by the state Department of Environmental Protection that a permit will be denied, what should the local officer do?

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The appropriate action for the local permit officer to take is to wait for the outcome of the state decision before issuing the local permit. This approach aligns with the principle of adhering to higher regulatory standards and respecting the jurisdictional authority that the state agency has over environmental matters, particularly those related to floodplain management and environmental protection.

By delaying the issuance of the local permit until the state has made its determination, the local officer ensures that they are acting in accordance with state regulations and any potential restrictions or guidance provided by the Department of Environmental Protection. This helps prevent conflict between local and state regulations and helps maintain the integrity of the management practices surrounding floodplain and environmental issues.

Additionally, issuing the local permit regardless of the state’s recommendation could lead to legal ramifications or increased risks, particularly if the state would deny the same permit based on significant environmental or safety concerns. Thus, waiting for the state’s decision serves as a prudent measure to ensure compliance with applicable laws and protect community interests.

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