“Build a better mouse trap and the world will beat a path to your door.” This Ralph Waldo Emerson quotation still applies today. That is, unless you fail to get the right government permit.

The same goes for that new factory you want to build that will create jobs; the contaminated industrial area you want to clean up and replace with a new shopping plaza; or, the new insurance product you want to introduce that would lower rates for certain customers. Almost every great business idea requires you to obtain some form of permit or government authorization. Unfortunately, today’s regulatory environment can be burdensome and dampen the spirits of the most savvy business people and entrepreneurs.

While business leaders may see themselves as benefactors who create jobs, give to charities and participate in community organizations, government regulators often have a different view: They see their job as protecting citizens from corporate interests that may adversely impact citizens. Regulators know from experience that many of the laws and regulations they are charged with enforcing are often a result of past, bad business practices.

Recognizing and respecting the mission of government is the first step toward finding better ways to work in a difficult regulatory environment that is controlled by a complex bureaucracy. Here are some guidelines to follow when dealing with government agencies:

• Learn to effectively communicate with your regulator. As exciting as your business concept is to you and the public, your bank, and elected officials, your marketing strategy may not necessarily sell as well to a government agency. Try to understand the permitting agency’s interest in your business and design an approach that will help the agency staff understand your goals and make them want to be your partner.

• Listen carefully and follow up. Sometimes government employees speak a language that is a little different than you are used to. Don’t be afraid to ask questions if you do not understand the process or what they are telling you. When meeting with regulators take notes, create minutes and send a follow up letter describing the action items you believe everyone has agreed to.

• Persistence pays off. If a permit is pending, don’t assume it is on track for approval just because you didn’t hear otherwise. Check in with the agency at regular intervals, request a status of where your permit is in the process and be sure to ask if the information in your application is considered complete.

• Plan for problems. Everyone plans for problems with financing, site acquisition, construction, materials, etc., but they rarely build time in the schedule for problems with government. Identify issues government agencies may have with what you are doing and, whenever possible, resolve them before applying for your permit or license. This will help speed your project through the regulatory process.

• Rehabilitate your business image. If you’ve had an adversarial relationship with regulators in the past, be assured someone will remember. Civil servants are generally long-tenured employees; some have more than 30 years of service. The program assistant you had a run-in with 10 years ago may now be the bureau chief in charge of approving your application. Think about ways to repair your reputation with the agency. If that’s not possible, send in someone new to represent you. Ask for help if you need it. Don’t underestimate the possibility that a government official may actually want to help you. Asking for advice, technical assistance or even financing will involve your regulator in your project and promote agency buy-in.

• Deal effectively with public opposition. Elected leaders aren’t the only ones interested in preserving their reputations. Government agencies are easily distracted and often paralyzed by negative headlines and NIMBY campaigns. Involve the public in your project and, when possible, identify and resolve issues with interest groups and stakeholders. This will reduce opposition and government inaction. You may still have to go to court if an opposition group protests your permit, but if you made a good faith effort to solve problems, the government may support your case, or at least, remain neutral.

• Design a media strategy for your project. The press is an important link to the community so make it a top priority to meet with local news media. Spend extra time with journalists when they need it and visit newspaper editorial boards to explain the benefits of your project. Refusing reporters’ calls will make your company seem uncaring, or worse, like it’s hiding something, especially if they have already been contacted by opposition groups. Answer every question to the best of your ability.

• Don’t waste your regulator’s time. Providing piece meal information and constantly changing your plans will only frustrate government reviewers and hold up approval for your project. Yours is not the only permit or license under review; and civil servants do not earn bonuses for how many they process or overtime for working late on your application.

• Lastly, don’t lose your temper. You can’t bully government officials into doing something they disagree with. Showing your anger or making threats will only make the situation worse.

Following these tips should make your experience with government less frustrating, less time consuming and less costly.

As Emerson also said, “Doing well is the result of doing good. That’s what capitalism is all about.’’

Provided by Binnacle,
New York State Government Affairs Consultants
585-223-1510
www.binnacleconsulting.com

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