Non-Interference Letters

[JMS8070]

We are sending NILs to a municipal water district and they keep charging us a fee. According to SMA Section 66436(A)(viii): "No fee shall be charged by a public entity, public utility, subsidiary of a public utility, or objector for signing, omitting a signature, or objecting pursuant to this section."

Isn't a municipal water district a public utility? When we bring up this section we were told that "we are not a public utility, we are a municipality"...isn't that the same thing?

I have also heard from other agencies that "we are not charging a fee for the letter, just the research we have to do."

I realize it is usually a small fee and that we are reimbursed by the owner/developer, but in this economy, every dime counts and if I can save my client a little hopefully he will be able to keep paying. In one project it turned out to be not such a little thing: we processed several phasing maps over one site and they wanted NILs for each map...that was 4 fees for this MWD to review the same easement over the same project.

Any thoughts?

[7702]

"No fee shall be charged by a public entity......"


"we are not a public utility, we are a municipality"...isn't that the same thing?


Forget that argument. They admit they are a municipality, which is clearly a "public entity".

Good luck.

[JMS8070]

Mark - my thoughts exactly.

Greg - Hi, thanks for the input, I went to the AG's web-site and they say to start with the board and then move up to them.

Ken - A non-interference letter (NIL is what we call them) is a letter from a public easement holder stating that the new subdividision will not "unreasonably interfere with the free and complete excercise of the public entity or public utility right-of-way or easement" [SMA 66436(a)(3)(A)(i)-(viii)]. You need one from all of the public/public utility easements listed in the Signature Omission note on the map or proof that you sent them notice of their interest over the property. They have 30 days to object or you do not need to worry about them (that's the short and sweet explaination). I have also heard them called letters of non-interference (LON).

[dmi]

That is what we called them, because that what they are. You are asking the utility for permission to omit their signature on the map and the trade off is the promise not to bother the interests.