Substantial deference definition

Substantial deference means that the plans and recommendations referenced under subdivision (c)(2) of this section are presumed correct, valid, and reasonable.
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Substantial deference means that the plans and recommendations
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Substantial deference means that the plans of the affected municipalities and the recommendations of the municipal legislative bodies and the municipal and regional planning commissions regarding the municipal and regional plans, respectively, are presumed correct, valid, and reasonable.
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Examples of Substantial deference in a sentence

  • Substantial deference does occur in local government interaction.

  • Substantial deference means the plan’s policies will be used to determine if a proposed energy project meets the orderly development criteria in the Section 248 process unless other factors affecting the general good of the State outweighs this plan.

  • Substantial deference is appropriate where, as here, Congress has granted the agency discretion in balancing statutory considerations involving highly technical assessments to make a predictive, economic judgment within the agency’s unique expertise.

  • Substantial deference must be extended to an agency's interpretation of its own regulations, particularly on technical matters within the agency's expertise.

  • Substantial deference is given to the district court’s “weighing of evidence and balancing of the various equitable factors.” Turnell v.

  • Substantial deference does not mean predictive judgments are “insulated from meaningful judicial review altogether;” the Court has an obligation to exercise independent judgment.

  • Only thereafter did, Smith change his mind and attempt to demand a higher settlement amount.

  • Substantial deference has been given to any applicable land conservation measures and specific policies contained in the duly adopted regional plan.

  • Substantial deference is due to the trial court in this regard, and its decision “will not be disturbed on review except on a clear showing of abuse of discretion, that is, discretion manifestly unreasonable, or exercised on untenable grounds, or for untenable reasons.” Gunning v.

  • Substantial deference is nice, but I’d take it one step further and state outright: town plans should be dispositive.


More Definitions of Substantial deference

Substantial deference means that the plans and
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Substantial deference means that any applicable measures,
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Substantial deference means to give significant and meaningful weight to the land conservation measures in the plans of the affected municipalities and the recommendations of the municipal legislative bodies and the municipal and regional planning commissions regarding the municipal and regional plans, respectively.7
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Substantial deference means the land conservation measures in the plans of the affected municipality and the recommendations of the affected municipality’s local legislative bodies and local or regional planning commission regarding their respective plans are presumed correct, valid, and reasonable unless there is good cause to find otherwise. Good Cause6. In Section 248a, the General Assembly reduced the high review standard associated with “substantial deference” by allowing a showing of “good cause” to overcome giving substantial deference to Municipal Recommendations.
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Related to Substantial deference

  • Substantial Change means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

  • Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

  • Substantial Amount means, at the time of determination thereof, an amount in excess of 30.0% of total consolidated assets (exclusive of depreciation) at such time of the Borrower and its Subsidiaries determined on a consolidated basis.

  • Substantial Block means a number of shares of the Voting Stock which has 15% or more of the aggregate voting power of all outstanding shares of Voting Stock.

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying:

  • Likelihood of serious harm means either: (a) A substantial

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Substantial evidence means evidence that:

  • Substantial and Compelling Reason in the Public Interest means a reason that is justified by an important, specific, and articulated public interest goal that is within ICANN's mission and consistent with a balanced application of ICANN's core values as defined in ICANN's Bylaws.

  • Substantial alteration means an alteration that has a major impact on the architectural features, characteristics, appearance, or integrity of a structure or lot. The term does not include routine maintenance that is reasonably necessary to maintain a dealership facility in attractive condition and does not include any changes to items protected by federal intellectual property rights.

  • Temporary Total Disablement means disablement which entirely prevents the Insured Person from attending to their business or occupation.

  • Substantial compliance means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm.

  • Substantial bodily injury means "bodily injury which involves (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty." See 18 U.S.C. § 113(b)(1).

  • Substantial rehabilitation means, with respect to the SAIL Program, to bring a Development back to its original state with added improvements, where the value of such repairs or improvements (excluding the costs of acquiring or moving a structure) exceeds 40 percent of the appraised as is value (excluding land) of such Development before repair and less than 50 percent of the proposed construction work consists of new construction. For purposes of this definition, the value of the repairs or improvements means the Development Cost. To be considered “Substantial Rehabilitation,” there must be at least the foundations remaining from the previous structures, suitable to support the proposed construction.

  • Final Adverse Benefit Determination means an adverse benefit determination that is upheld at the completion of a health plan issuer’s internal appeals process.

  • Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

  • Substantial modification means modification of a relevant source that results in a significant increase in emissions, excluding any change in emissions resulting from by-product recovery. It shall be a matter for the Party to decide whether a modification is substantial or not;

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • Substantive Pay means the pay other than special pay, personal pay or emoluments classed as pay by the Executive Council, to which a University employee is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.

  • Annual Deferral Amount means that portion of a Participant's Base Annual Salary and Annual Bonus that a Participant elects to have, and is deferred, in accordance with Article 3, for any one Plan Year. In the event of a Participant's Retirement, Disability (if deferrals cease in accordance with Section 8.1), death or a Termination of Employment prior to the end of a Plan Year, such year's Annual Deferral Amount shall be the actual amount withheld prior to such event.

  • Substantial action means adopting, publicizing, and implementing a formal plan to cease scrutinized business operations within 1 year and to refrain from any new business operations.

  • Substantial Holder means a Person (including, without limitation, any group of Persons treated as a single “entity” within the meaning of the Treasury Regulation Section 1.382-3) holding Corporation Securities, whether as of the Effective Date, after giving effect to the Plan, or thereafter, representing a Percentage Stock Ownership (including indirect ownership, as determined under applicable Treasury Regulations) in the Corporation of at least 4.75%.

  • Termination of Services means Participant’s Termination of Consultancy, Termination of Directorship or Termination of Employment, as applicable.

  • Salary Reduction means the amount by which the Participant's Compensation is reduced and applied by the Employer under this Plan to pay for one or more of the Benefits, as permitted for the applicable Component, before any applicable state and/or federal taxes have been deducted from the Participant's Compensation (i.e., on a pre-tax basis).

  • Adverse Benefit Determination means any of the following:

  • Elective Deferral Account means the account established hereunder to which Elective Deferrals (including a separate accounting for Catch-Up Contributions) are allocated. Amounts in the Participant's Elective Deferral Account are nonforfeitable when made and are subject to the distribution restrictions of Section 12.2(e). The Elective Deferral Account may consist of the