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| + | {{htmlmetatags> | ||
| + | ====== Building plan approval stuck — RTI to Town Planning ====== | ||
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| + | {{: | ||
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| + | <WRAP info> | ||
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| + | ===== The story most citizens recognise ===== | ||
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| + | Suresh owns a 200-square-metre plot in a tier-2 city municipal corporation. In January 2026 he uploaded his G+2 residential building plan on the state' | ||
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| + | Suresh is not alone. Across India, building plan approval is the single most common municipal delay a middle-class family hits. The boards outside the municipal office promise single-window clearance in 30 days. The reality on the ground is months of silence, files that "go missing," | ||
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| + | The silence has a legal cure. The Right to Information Act, 2005 lets you ask the public authority, in writing, for the exact status of your file, the scrutiny report, the NOC tracker, and the reason for the delay. This guide shows you how, using only verified facts about the building-plan sanction framework as it stands today, with sample questions, a ready letter, and the appeal ladder if the PIO stays quiet. | ||
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| + | ===== What building plan approval actually is ===== | ||
| + | |||
| + | A **building plan sanction** is the written approval given by the local urban local body — the Municipal Corporation, | ||
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| + | The umbrella standard is the **Model Building Bye-Laws (MBBL) 2016**, published by the Town and Country Planning Organisation (TCPO), which now sits under the **Ministry of Housing and Urban Affairs (MoHUA)**. MBBL 2016 is the revised version of MBBL 2004. Its Chapter 13 streamlines building plan approvals for the Ease of Doing Business reforms: online building permission systems, risk-based classification of buildings, and single-window NOC integration. The bye-laws were circulated to all States and UTs, and 22 States and UTs had undertaken a comprehensive revision of their bye-laws as of the TCPO report. | ||
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| + | For real estate projects (plots above 500 square metres or more than 8 apartments), | ||
| + | |||
| + | <WRAP tip> | ||
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| + | ===== How the sanction process works — so you know what to ask for ===== | ||
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| + | To ask a sharp question, you need to know what happens to your drawing after you upload it. A typical Online Building Permission System (OBPS) workflow looks like this: | ||
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| + | - **Step 1 — Submission.** You upload the architectural drawings (digitally signed by an empanelled architect or engineer) on the OBPS portal, pay the scrutiny fee, and receive an application reference number. | ||
| + | - **Step 2 — Auto-scrutiny.** The portal runs an e-DCR / AutoDCR check that compares your drawing against the local bye-laws — setbacks, Floor Area Ratio (FAR) or FSI, height, ground coverage, parking, and density. The system flags deviations automatically. | ||
| + | - **Step 3 — Manual scrutiny.** The Town Planning Officer verifies the auto-scrutiny report, checks the title documents, and confirms compliance with the Master Plan or Development Plan zoning. | ||
| + | - **Step 4 — Collateral NOCs.** The application is routed simultaneously to NOC departments — Fire Services, Pollution Control Board, Airport or Airports Authority of India (for height near airports), Heritage or Urban Arts Commission where applicable. Each NOC department has its own internal clock. | ||
| + | - **Step 5 — Sanction or rejection.** If all NOCs are in and the drawing complies, the Town Planning Officer issues a digitally signed sanction letter. If there is a deviation, you get a scrutiny objection to cure and resubmit. | ||
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| + | The verified, portal-specific timelines are: **Delhi MCD OBPS (eodb.mcd.gov.in)** gives a **deemed sanction on the 31st day** if no response is received, and a **deemed NOC on the 16th day** for each collateral department. **Meghalaya OBPS (obps.meghalaya.gov.in)**, | ||
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| + | ===== The 2026 update you must know about ===== | ||
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| + | Two things have changed the building-plan landscape in 2025-26, and both matter for your RTI. | ||
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| + | First, **single-window OBPS portals have become the default**. MoHUA' | ||
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| + | Second, **deemed-sanction clocks are now enforceable** in the cities that have adopted them. In Delhi MCD, if your drawing is not sanctioned or rejected by the 31st day, and the NOC departments have not responded by the 16th day, you have a legal argument that the sanction is deemed to have been granted. That means the question "what is the status of my application on day 32?" is no longer a polite inquiry — it is a question about whether the municipality is in breach of its own timeline. | ||
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| + | What does this mean for Suresh? His six-month wait is not just slow, it is well beyond every stipulated timeline in the system. That makes **now** the right time to file — while the file is still live, the portal record still exists, and the deemed-sanction argument is still available. | ||
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| + | ===== Step-by-step: | ||
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| + | Building plan sanction is a State and local-body subject, so your primary RTI goes to the **State PIO** — the Town Planning Officer or the Municipal Commissioner of your city. You will usually file one application, | ||
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| + | **Step 1 — Identify the public authority.** | ||
| + | - The designated PIO is the **Town Planning Officer** of your zone or the **Municipal Commissioner / City Development Officer** at the corporation level. For layout approvals and sub-divisions, | ||
| + | - The **First Appellate Authority** is usually the Additional Municipal Commissioner or the Director of Town and Country Planning. The exact designation is on your municipality' | ||
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| + | **Step 2 — Prepare your questions.** Ask for specific, dated records tied to your reference number. Five strong questions: | ||
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| + | - **Scrutiny status:** " | ||
| + | - **FAR and height compliance: | ||
| + | - **NOC tracker:** " | ||
| + | - **Reason for delay:** " | ||
| + | - **Projected date of sanction:** " | ||
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| + | **Step 3 — Use the right form and fee.** Your application is under **Section 6(1) of the RTI Act, 2005**. Under the **Central RTI Rules, 2012 (Rule 3)**, the fee is **Rs.10**, payable by Indian Postal Order, Demand Draft, Banker' | ||
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| + | **Step 4 — Submit and keep proof.** File by hand at the PIO's office and take a stamped receiving copy, or send by registered post and keep the acknowledgement, | ||
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| + | **Step 5 — Wait 30 days.** The PIO must reply within **30 days** of receiving your application under **§7(1)** (48 hours where life or liberty is involved, which building-plan queries normally are not). | ||
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| + | ===== Documents to attach ===== | ||
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| + | - A printout or screenshot of the **OBPS application reference number** and submission date. | ||
| + | - The **scrutiny fee receipt** issued by the portal or municipal office. | ||
| + | - The **architect' | ||
| + | - The **title document** (sale deed, khata, or property tax receipt) showing you are the owner or authorised applicant. | ||
| + | - Any **previous correspondence** with the municipality — objection letters, resubmission acknowledgements. | ||
| + | - A copy of your **BPL certificate** if you are claiming the fee exemption. | ||
| + | |||
| + | ===== Common mistakes to avoid ===== | ||
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| + | - **Filing without your drawing reference number.** The PIO cannot locate your file without the OBPS reference or the old paper-file number. Always quote it on page one. | ||
| + | - **Addressing the wrong authority.** Building sanction sits with the **local body and DTCP**, not with MoHUA. MoHUA frames the Model Building Bye-Laws but does not sanction your plan. Filing there only buys you a transfer reply. | ||
| + | - **Asking vague questions.** "Give me building plan details" | ||
| + | - **Skipping the NOC tracker ask.** Most delays live in the collateral NOC departments, | ||
| + | - **Forgetting the deemed-sanction clock.** If your state or city has a deemed-sanction timeline (Delhi MCD: 31st day; Meghalaya: 30 days), quote it in your RTI. It turns "is my file moving?" | ||
| + | - **Confusing compounding with regularisation.** Many municipalities allow **compounding of minor deviations within limits set by the local bye-laws**, on payment of a compounding fee. The percentage and the fee **vary by state bye-laws** — there is no flat national rate. Do not claim a 5-10% national rule; check your local bye-laws. Major deviations, and deviations by professional builders made deliberately, | ||
| + | |||
| + | ===== The escalation ladder if you get no answer ===== | ||
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| + | RTI is powerful because it has a built-in ladder. If the PIO ignores you or gives a vague "file is under process" | ||
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| + | - **First appeal:** If no reply comes within 30 days, or you are unhappy with the reply, file a **First Appeal** under **§19(1)** with the First Appellate Authority in the same department. Do this within 30 days of the deadline. The FAA must decide within 30 days, extendable to 45. Draft it with the **First Appeal App** at https:// | ||
| + | - **Second appeal:** If the FAA also fails you, file a **Second Appeal** under **§19(3)** with your **State Information Commission**. There is usually no fee for a second appeal to the State Commission. File within 90 days of the FAA's decision or deadline. | ||
| + | - **Complaint under §18:** You can also file a direct complaint to the Information Commission if the PIO never replied at all or refused to accept your application. | ||
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| + | For building-plan delays, the most common outcome is that the PIO replies with " | ||
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| + | ===== Real-life example ===== | ||
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| + | <WRAP center round box> | ||
| + | **Suresh K., Tier-2 city municipal corporation, | ||
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| + | Suresh uploaded his building plan on the state OBPS portal on **12 January 2026** and received application reference No. BP/ | ||
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| + | On 18 July 2026, Suresh filed an RTI to the **Town Planning Officer (PIO)** of his zone under §6(1) of the RTI Act, quoting reference BP/ | ||
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| + | On **17 August 2026** — day 30 — the PIO replied that the Fire NOC had been pending since 12 February 2026 and the file was held at the Fire Department. Suresh filed a First Appeal under §19(1) on **20 August 2026**, pressing for the NOC forwarded-date and action against the officer holding the file. The FAA ordered the Fire NOC to be disposed within 15 days. Sanction was issued on **12 September 2026**, eight months after submission. | ||
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| + | Total cost to Suresh: Rs.4,200 scrutiny fee + Rs.10 RTI fee + Rs.10 IPO for the appeal = **Rs.4, | ||
| + | </ | ||
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| + | ===== Sample RTI letter ===== | ||
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| + | < | ||
| + | To: The Public Information Officer | ||
| + | Town Planning Officer / Municipal Commissioner | ||
| + | [Name of Municipal Corporation / Municipality / Development Authority] | ||
| + | [City, Pin Code] | ||
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| + | Subject: Application under Section 6(1) of the Right to Information Act, 2005 | ||
| + | — Status of building plan sanction, Application No. [BP/ | ||
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| + | Sir/Madam, | ||
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| + | I, [your name], owner of Plot No. [xxx], [street/ | ||
| + | building plan for a G+2 residential building on [date] through the | ||
| + | [State] Online Building Permission System. The application reference | ||
| + | number is [BP/ | ||
| + | on [date], receipt No. [xxx]. | ||
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| + | The application is pending beyond the [31-day / 30-day] sanction | ||
| + | timeline stipulated under [state RTPS Act / municipal bye-laws]. | ||
| + | Under Section 6(1) of the RTI Act, 2005, please furnish the following: | ||
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| + | 1. The current scrutiny status of Application No. [BP/ | ||
| + | | ||
| + | | ||
| + | 2. The FAR, ground coverage, height, and setback compliance check | ||
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| + | 3. The status of each collateral NOC — Fire, Pollution Control Board, | ||
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| + | | ||
| + | date of response, for Application No. [BP/ | ||
| + | 4. The reason for delay in sanctioning or rejecting the application | ||
| + | | ||
| + | the officer currently holding the file. | ||
| + | 5. The projected date of sanction or rejection, and the action taken | ||
| + | | ||
| + | to Public Services Act, if any. | ||
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| + | I state that the information sought is not exempt under Section 8 or | ||
| + | Section 9 of the RTI Act, 2005. The information sought is of larger | ||
| + | public interest as it concerns the enforcement of municipal sanction | ||
| + | timelines. | ||
| + | |||
| + | Under Section 7(1), please supply the information within 30 days. | ||
| + | Under Section 10, if only a part of the request is exempt, please | ||
| + | furnish the non-exempt part with reasons for the withheld part. | ||
| + | Under Section 6(3), if the information is held by another public | ||
| + | authority, please transfer the application to that authority within | ||
| + | five days and inform me. | ||
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| + | Fee of Rs.10 is paid by [Indian Postal Order No. xxxxxx / cash against | ||
| + | receipt / online transaction ID xxxxxx]. I am not a BPL applicant. | ||
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| + | If the information is denied or delayed, I reserve the right to file | ||
| + | a First Appeal under Section 19(1) and a Second Appeal under | ||
| + | Section 19(3) to the State Information Commission. | ||
| + | |||
| + | Date: [dd.mm.yyyy] | ||
| + | Place: [City] | ||
| + | [Address] | ||
| + | [Phone / email] | ||
| + | </ | ||
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| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Q: Which public authority do I file with — the municipality or MoHUA? ==== | ||
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| + | File with the **Town Planning Officer or Municipal Commissioner** of your local body, or the **Directorate of Town and Country Planning (DTCP)** for layouts. Building sanction is a State and local-body subject. MoHUA frames the Model Building Bye-Laws but does not sanction individual plans, so filing there will only get you a transfer reply. | ||
| + | |||
| + | ==== Q: What is the fee for a building-plan-approval RTI? ==== | ||
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| + | Under the **Central RTI Rules, 2012 (Rule 3)**, the fee is **Rs.10** for applications of 500 words or less, excluding annexures. Most states also charge Rs.10, but **Gujarat charges Rs.20, and Haryana and Tamil Nadu charge Rs.50**. BPL applicants are exempt from the fee under §7(5). Check your state' | ||
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| + | ==== Q: How long does the PIO have to reply? ==== | ||
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| + | Under **§7(1) of the RTI Act, 2005**, the PIO must reply within **30 days** of receiving your application (48 hours where life or liberty is at stake, which building-plan queries normally are not). If no reply comes within 30 days, you can file a First Appeal under §19(1) within the next 30 days. | ||
| + | |||
| + | ==== Q: Can I ask for the scrutiny report and the NOC tracker? ==== | ||
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| + | Yes. A **CIC order — Shiv Narain Singh v. MCD, GNCT Delhi (Decision No. CIC/ | ||
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| + | ==== Q: What if the municipality says the file is "under process"? | ||
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| + | That is a partial reply, not a refusal. File a **First Appeal under §19(1)** pressing for the scrutiny report, the NOC tracker with forwarded dates, and the name of the officer holding the file. The FAA must decide within 30 days (extendable to 45). If the FAA also fails, file a Second Appeal to your State Information Commission under §19(3) within 90 days. | ||
| + | |||
| + | ==== Q: Does deemed sanction apply to my case? ==== | ||
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| + | Only in cities that have adopted a deemed-sanction clock. **Delhi MCD** gives a **deemed sanction on the 31st day** if no response is received, and a **deemed NOC on the 16th day** for each collateral department. **Meghalaya OBPS** is RTPS-compliant for **building permits within 30 days**. Other states have their own timelines under their Right to Public Services Acts — quote the applicable timeline in your RTI so the PIO knows you know the clock. | ||
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| + | ==== Q: Can the builder regularise deviations after construction? | ||
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| + | Generally no, not for major or deliberate deviations. In **Dipak Kumar Mukherjee v. Kolkata Municipal Corporation (Civil Appeal No. 7356 of 2012, decided 8 October 2012)**, the Supreme Court held that illegal constructions violate municipal laws and planned development, | ||
| + | |||
| + | ==== Q: Should I also file a RERA complaint? ==== | ||
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| + | Only if your project is a **registered RERA project** — that is, a real estate project on a plot above 500 sq m or with more than 8 apartments, where the promoter is required to register under §3. For a self-built residential plan on your own plot, RERA generally does not apply. If the project is RERA-registered and the sanctioned plan does not match what is being built, you can pair your RTI with a RERA grievance; see [[rera-order-not-complied-with]] and [[builder-changed-layout-amenities-carpet-area-after-booking]] for that route. | ||
| + | |||
| + | ==== Q: Can I ask for inspection of the building-plan file? ==== | ||
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| + | Yes. Under the RTI Act, you can ask for **file inspection** where the records are voluminous or not compiled in the form you want. The first hour of inspection is free; thereafter it is Rs.5 per hour under the Central Rules. Photocopies are Rs.2 per page; a CD is Rs.50. The CIC order in Shiv Narain Singh v. MCD confirms inspection as the fallback where the PIO has not pre-compiled the record. | ||
| + | |||
| + | ==== Q: What if my plan was rejected — can I RTI the rejection reasons? ==== | ||
| + | |||
| + | Yes. Ask for the **scrutiny objection report, the e-DCR deviation list, and the signed rejection order** with the name and designation of the rejecting officer. A rejection is a disclosable record; the reasons for rejection are not exempt under §8. If the rejection is arbitrary, the same RTI record becomes your evidence in a writ or appeal before the Municipal Building Tribunal or the High Court. | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | - RTI Act, 2005 — Section 6(1), Section 7(1), Section 10, Section 19: [indiankanoon.org](https:// | ||
| + | - Central RTI Rules, 2012 (DoPT notification GSR 603(E), 31 July 2012): [niti.gov.in](https:// | ||
| + | - Model Building Bye-Laws 2016, Town and Country Planning Organisation (TCPO), MoHUA: [tcpo.gov.in](http:// | ||
| + | - Real Estate (Regulation and Development) Act, 2016 (Act 16 of 2016), §3, §4, §5, §11(3)(a), §14: [indiacode.nic.in](https:// | ||
| + | - Delhi MCD OBPS portal — deemed sanction 31st day, deemed NOC 16th day: [eodb.mcd.gov.in](https:// | ||
| + | - Andhra Pradesh APDPMS portal: [portal.apdpms.ap.gov.in](https:// | ||
| + | - J&K OBPS portal: [obps.jk.gov.in](https:// | ||
| + | - Meghalaya OBPS portal — building permits within 30 days (RTPS), launched August 2025: [obps.meghalaya.gov.in](https:// | ||
| + | - Dipak Kumar Mukherjee v. Kolkata Municipal Corporation, | ||
| + | - Friends Colony Development Committee v. State of Orissa, (2004) 8 SCC 733: [indiankanoon.org](https:// | ||
| + | - CIC order — Shiv Narain Singh v. MCD, GNCT Delhi, Decision No. CIC/ | ||
| + | - Central RTI online portal: [rtionline.gov.in](https:// | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | - [[rti-for-occupancy-certificate|RTI for occupancy certificate]] | ||
| + | - [[rti-for-completion-certificate|RTI for completion certificate]] | ||
| + | - [[rti-for-fire-noc|RTI for fire NOC]] | ||
| + | - [[rti-for-municipal-tax-receipt|RTI for municipal tax receipt]] | ||
| + | - [[rti-for-building-plan-approval-delay|RTI for building plan approval delay]] | ||
| + | - [[unauthorized-construction-illegal-extra-floor-apartment-building|Unauthorized construction — illegal extra floor]] | ||
| + | - [[municipal-stop-work-demolition-notice-home-renovation|Municipal stop-work and demolition notice]] | ||
| + | - [[rti-fees-by-state|RTI fees by state]] | ||
| + | |||
| + | //Last reviewed: 4 July 2026.// | ||
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| + | {{tag> | ||