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Beautiful scenery, a clean environment and safe conditions
are just a few of the attractions of living and working in
the Northern Mariana Islands. Because of the various specialties
involved in protecting the quality of life, presently there
is no ''one- stop'' agency in the Commonwealth where an investor
can obtain all the information regarding the various permits
and requirements necessary for doing business here. Following
is a helpful explanation of some of the requirements potential
developers may encounter. This information should not be considered
comprehensive. For more information contact any of the agencies
or organizations listed below.
COASTAL PERMITS
The CNMI manages its own
Coastal Resources Management Program and has jurisdiction
over the Commonwealth Territorial Sea (an area which extends
12 miles beyond the Commonwealth's baseline) and inland areas
within 150 feet of the shoreline, with the exception of U.S.
government land. The agency has jurisdiction over wetlands,
the port & adjacent industrial area, and the lagoon. It
regulates all commercial activities within the lagoon area
and issues permits for these activities. In addition, the
agency has jurisdiction over the entire area of all islands
when a project meets or exceeds a ''major siting'' criteria.
Major siting means any proposed project which has the potential
to directly or significantly impact coastal resources or a
project requiring a peak power electrical demand of 500 kw
per day and/or 3,500 gallons of water per day as determined
by Commonwealth Utilities Corporation demand rates. The documentation
requirements which must accompany a CRM application are extensive.
Interested parties should contact CRM to obtain guidelines
to these requirements for.
ENVIRONMENTAL QUALITY
The CNMI Division
of Environmental Quality (DEQ) administers regulatory
and enforcement programs mandated under CNMI law, many of
which are based on United States Environmental Protection
Agency programs. The following list gives details on some
of the permits that may be required for new projects.
Septic tanks and wastewater treatment
systems -Private and commercial users not served by
municipal sewer lines must have an approved and permitted
on-site wastewater treatment system. Facilities that generate
more than 5,000 gallons per day of wastewater are not allowed
to install a traditional septic system, and must install and
operate a more advanced treatment system.
Earthmoving - Permits
are required for all construction, including additions to
existing facilities and clearing of vegetation if the earth
is
disturbed. Earthmoving permits require the developer to provide
plans for both erosion control during construction, and a
permanent stormwater control system.
Safe drinking water - Private
water treatment and distribution systems that serve more than
25 people must be approved. This includes DEQ certification
of reverse osmosis units.
Well drilling and water well operation
- Permits are required. The operation of any private
well requires regular sampling and monitoring for contaminants.
Clean air - Generators,
boilers, and incinerators require registration pesticides
is restricted to persons certified in their use and application.
Pesticides - The use of
certain pesticides is restricted person certified in their
use and application
Fuel storage tanks - Permits
to install and operate both aboveground and underground fuel
storage tanks are required.
Water Quality Certification -Any
project that involves construction around, or discharge to,
any water body (including seasonal streams and wetlands) must
receive a water quality certification from DEQ. These certifications
are usually required in addition to federal permits such as
U.S. Army Corps of Engineers 404 permits, and US Environmental
Protection Agency NPDES permits for discharge of wastewater
and storm water.
Underground injection control
(UIC) permits - The disposal of any fluids into the
ground via a pipe or man made hole will require a UIC permit.
In most cases, such disposal is prohibited.
Land Disposal permits - The
disposal of wastewater (other than sewage and stormwater)
onto land, including the reject water from reverse osmosis
systems and fuel tank containment berms, must be permitted.
Used oil - Disposal of
used oil is prohibited. All used oil must be stored on-site
until proper disposal methods can be found.
FORESTRY PERMITS
This permit is required to clear, burn or remove any vegetation
on public lands classified as either diverse forest or Commonwealth
forest. Applications for a permit may be obtained from the
Department of Lands and Natural Resources.
HISTORIC PRESERVATION
The Division of Historic Preservation is responsible for reviewing
all construction and earthmoving projects undertaken within
the Commonwealth to ensure that they do not damage or destroy
significant archaeological, historic, or cultural properties.
This review includes both private and government projects.
WILDLIFE HABITATS
Developers of large projects and smaller residential projects
should be aware of the requirements of the US Fish and Wildlife
Service and the CNMI
Department of Fish and Wildlife prior to starting construction.
Section 7 of the Federal Endangered Species Act requires that
Fish and Wildlife officials approve development of any project
including residential dwellings when land designated as critical
habitat is involved. Large portions of all islands of the
CommonweaIth are home to a variety of endangered species.
PUBLIC LAND LEASES
Those considering constructing a project on public land in
the Commonwealth must contact the Division of Public Lands,
Department of Lands & Natural Resources. This Division
is responsible for the least and administration of public
lands.
DEVELOPER INFRASTRUCTURE
In July 1993, the CNMI began imposing a ''Developer Infrastructure
Tax'' equal to 2% of the total project cost for any major
development having an impact on the islands water, power,
sewer, road, drainage, flood control, or solid waste facilities.
The developer's tax does not apply to new residential dwellings
of two or fewer in number. Developers applying for a building
permit are required to submit an estimate of the projects
cost and evidence of a tax credit, if any, to the Building
Safety Official at the Department of Public Works. Once the
tax has been determined, the payment and a non-refundable
administrative fee are to be made to the Department of Finance.
The value of any capital improvement the developer provides
to the electrical, water, sewer, roads or surface water drainage
& flood control systems will be credited against the tax
liability. The value of any capital improvement is determined
by an appraiser, selected with the consent of the Secretary
of Finance. Once a project is complete, the developer must
submit a statement of the actual total cost. This statement
must be audited by a Certified Public Accountant prior to
submission. Payment of the Developer Infrastructure Tax is
required prior to the issuance of a Certificate of Occupancy
by the Building Safety Official of the Department of Public
Works.
BUILDING SAFETY
The Department of Public Works requires permits prior to any
construction activity. All buildings constructed in the CNMI
must have a building permit that certifies the structure complies
with regulations outlined in the Uniform Building Code (UBC)
and the CNMI Building Safety Code. Unsafe buildings and structures
in the Commonwealth are illegal and must be repaired, vacated
or demolished. An unsafe building is a structure that is structurally
unsafe, unsanitary, or otherwise unfit for human habitation.
PUBLIC UTILITIES
The Commonwealth Utilities Corporation handles routine connections
of utilities - water, power and sewer. CUC is regulated by,
and must comply with, the US National Safety Code, the US
Clean Air Act, the Safe Drinking Water Act, and other national
regulations which are enforced locally by DEQ. Permission
must be obtained from CUC for the disposal of any industrial
wastes into the sewer system, such as chemicals and process
water used during manufacturing. Materials that are deemed
hazardous cannot be disposed of into the sewer system. Any
business connected to the municipal wastewater system must
install screens to prevent any product waste from entering
the city waste system or passing into the natural environment.
The CNMI's electrical system complies with the US Code. CUC
does not impose any application fees, but requires security
deposits based on usage rates.
U.S. ARMY CORPS OF ENGINEERS
Federal permits are required for activities that occur in
marine or fresh waters, streamlets, and wetlands. Some typical
projects that require permits are piers, docks, floats, mooring
buoys, boat, ramps, dredging, intake & outface pipes,
dams, creation of land for building or parking lots, causeways,
and the placement of any fill material that might include
sand, gravel, coral, dirt, clay, stone or concrete. Permits
can be obtained by submitting an application along with drawings
of the proposed work and an environmental assessment describing
the impact the work will have on the area. Most of these permits
are conditional in that they require a DEQ Water Quality Certification
be obtained in conjunction with the Corps permit. Applications
should be submitted at least four to six months in advance
of the proposed start of construction to allow for coordination
between federal and local agencies.
US ENVIRONMENTAL PROTECTION AGENCY
Any open discharge into waters or wetlands require a National
Pollutant Discharge Elimination System (NPDES) Permit from
the United States EPA Region IX Office located in San Francisco,
California. An example is the permit many Saipan hotels are
required to obtain to discharge the reject water from their
reverse osmosis systems into the lagoon. The CNMI government
also holds NPDES permits for the discharge of treated sewage
into two locations offshore of Saipan. NPDES permits generally
require extensive monitoring and reporting, and a DEQ Water
Quality Certification must also be obtained.
US COAST GUARD
Individuals or farms interested in operating vessels for hire,
charter, or any other commercial activity should contact the
US Coast Guard on Saipan to become familiar with regulations
that may apply, and to determine if any vessel inspections
or permits are required.
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