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2.2.1.3.2.2 Property owned by the Federal Government may also
be under concurrent jurisdiction of the local and Federal
Government, by agreement. If so, compliance with local codes and
regulations is generally required. However, the Using Service still
encourages the Design Agency to meet with local code and
regulatory officials to review the project and the local requirements,
and to present any recommendations for noncompliance with local
regulations to the Using Service for resolution.
2.2.1.3.3 In general, on a Federal reservation, Federal Supremecy
Doctrine applies. The local building and zoning codes do not apply;
no building permit will be required, nor will construction inspections
be performed by local building officials. Local fire codes and utility
requirements generally do apply, since these organizations will be
the likely service providers to the facility. Other local requirements
also generally apply, such as those governing environmental,
drainage, traffic, and similar issues.
2.2.1.3.4 The Design Agency must identify any submittal or
permitting requirements, and address them. This can be achieved
either by the Design Agency making required submittals and
applications, or by incorporating the requirement into the
construction documents for contractor implementation. If
application and permitting responsibilities are assigned to the
construction contractor, the Design Agency must obtain and fill out
applications as completely as possible, and convey them to the
COE construction district for contractor use and completion. The
Design Agency must also identify any fees the contractor will be
required to pay, and include them in the cost estimate and
construction documents.
2.2.1.3.5 On a nonFederal-reservation USAR facility, such as a
leased facility, local codes and regulations apply as they would for
any private-sector project, and building permits and inspections will
be required.
2.2.1.4 Installation Design Guidance
2.2.1.4.1 If the AR project site is on a larger Government
installation, it is likely that the property owner will have installation
design guidance applicable to the project, such as an Installation
Design Guide. The Design Agency must identify any such guidance,
and work with the Using Service to determine its applicability.
UFC 4-171-05
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