NJ PLANNING UPDATE: 2014 Permit Extension Act

Governor Christie lengthened the Permit Extension Act through December 31, 2015 when he signed A-3815 into law on December 29, 2014. The amended Act suspends the tolling period for most state, county, and local permits and approvals in existence on or after January 1, 2007 through December 31, 2015, except that no tolling period shall extend beyond June 30, 2016. Similar to previous versions of the Act, the current extension excludes environmentally-sensitive areas, defined as lands identified in the 2001 State Plan as “critical environmental sites” and Planning Areas 4B and 5. Additionally, the Act does not apply to the Highlands Preservation Area or Flood Hazard Permits.

The Act does not impact a Planning or Zoning Board’s ability to grant extensions to previously-approved projects beyond December 31, 2015, provided such local extensions are consistent with the Municipal Land Use Law.

The Permit Extension Act was originally enacted in 2008 and it extended applicable permits in existence on or after January 1, 2007 through July 1, 2010. This expiration date was extended in 2010 and 2012. The only substantive change from the 2012 law was the revision of the extension period, which was formerly December 31, 2014.

Please feel free to contact us if you would like assistance in evaluating the applicability of the extension to past Board approvals or permits issued for land within the municipality.

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