september 2008

Permit Extension Act Becomes Law in New Jersey

BACKGROUND

On September 6, 2008, Governor Corzine signed into law an important piece of legislation which will have a broad impact on development projects throughout the State.

A2867 – The Permit Extension Act of 2008 – sets forth a tolling and extension period for many types of state, county and local development permits and approvals from January 1, 2007 through July 1, 2010. The legislation provides for an automatic extension of up to six month for approvals or permits that would otherwise expire during the tolling period, or within six months thereafter. Under no circumstances will such extensions run beyond December 31, 2010.

Exceptions to the Permit Extension Act include permits granted under the Flood Hazard Area Control Act, certain coastal center designations pursuant to the Coastal Area Facility Review Act; permits granted within certain “environmentally sensitive areas” as defined by the Act; certain permits or approvals granted by the Department of Transportation and administrative consent orders issued by the Department of Environmental Protection (DEP). In addition, the tolling/extension period does not affect any other extensions which a party would otherwise be allowed to request after the tolling period.

RECOMMENDATIONS

The broad range of development permits and approvals included within the scope of A2867, as well as the previously noted exceptions to the bill, jointly establish the need to evaluate the status of approvals for both pending and ongoing development projects on a one by one basis.

If you have any questions concerning this legislation, or development issues in New Jersey, please contact John H. Hague at 908-789-8550 or by email at jhague@farerlaw.com