NJ Legislature Introduces Proposal to Lengthen the Protection of the Permit Extension Act of 2008

December 9th, 2011 | Posted by: Christopher DeGrezia 0| comments:

By Michael Smith, Esq., LEEP, AP.DSC_0142

On November 28, 2011, the New Jersey Legislature introduced A-4367 — proposed legislation standing to lengthen the protection of the Permit Extension Act of 2008 (the “PEA”), for an additional 3 years (i.e.,until at least December 31, 2015, after which the running of the approval periods would resume for up to 6 months, until June 30, 2016). 

By way of background, the Permit Extension Act automatically suspended the expiration of many (but not all) state, county and local permits and approvals, for an “extension period” intially lasting from January 1, 2007 through July 1, 2010.  However, by a legislative amendment, the duration of that “extension period” was extended until December 31, 2012, after which, under current law, the running of the approval periods will resume for up to 6 months, until June 30, 2013. 

With the introduction of A-4367, the Legislature is now proposing to extend (again) the duration of this so-called extension period until December 31, 2015.  A-4367 stands to benefit all approvals that were extended by the Permit Extension Act.  This proposal does not, conversely, stand to limit the scope of protection provided under the Permit Extension Act. 

If your approval was extended by the Permit Extension Act, this proposed legislation (if adopted) would further extend your approval period, until at least December 31, 2015.  Your approval period would then resume on December 31, 2015 for up to six months, i.e., until June 30, 2016.  Bear in mind that even then, your approval would remain eligible for additional extensions under other authorities.  We will continue to monitor this proposed legislation (A-4367) and you may want to do the same.

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