Joe DownsCEO & Co-Founder, Belrose Storage Group. Founder, Storage Moguls.

Environmental, floodplain, and conditional use pitfalls

10 Apr 2026 · 1 min

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In this concise advisory, the speaker stresses that a Phase 1 Environmental Site Assessment is mandatory for transactions involving properties near waterways and should be explicitly included as a due‑diligence contingency in the LOI and purchase contract. Before commissioning a Phase 1, the speaker recommends a quick desktop screening—using FEMA floodplain maps and the National Wetlands Inventory (NWI) mapper—to identify floodplain and wetland issues, saving time and money. Finally, the speaker advises obtaining the original conditional use permit for the facility, noting that the permit functions as the operating rulebook, with every condition (screening, lighting, operating hours, expansion limits) becoming a binding obligation for the new owner.

Chapters

Environmental Phase 1, covered in depth on day 21, is non-negotiable on near waterway deals. Make it an explicit DD contingency in your LOI and contract. Floodplain and wetlands, do the desktop screen first, FEMA firm maps and the NWI mapper before you spend money on Phase 1. 10 minutes of free screening can tell you what Phase 1 will find. Get the original conditional use permit too. If the facility was approved through a conditional use process, that approval document is your operating rulebook. Every condition it imposes— screening, lighting, hours, limitations on expansion— is your obligation to follow.