Permit Extension Act Signed Into Law!

On September 6, 2008, Governor Corzine signed the Permit Extension Act of 2008 into law as P.L. 2008, c.78. The Act previously received overwhelming and final approval by both the Senate and the Assembly on June 23, 2008. Below is more information on the Act and its provisions. 

1.  The time period for the permit extension is January 1, 2007 - July 1, 2010, with up to an additional 6 months phase-in period to December 31, 2010.  That amounts to a maximum 4 year permit extension period. 

(CLICK ON CHART TO VIEW LARGER VERSION)

2.  Permits and approvals that are typically required for subdivision and site plan approval in New Jersey will be extended.

3.  Permits and approvals will not be extended in a defined "environmentally sensitive area", which means:

1. State Plan Planning Area 4B (Rural/Environmentally Sensitive) as designated pursuant to the version of the State Plan in effect at the time the Act is signed
2. State Plan Planning Area 5 (Environmentally Sensitive) as designated pursuant to the version of the State Plan in effect at the time the Act is signed
3. Critical environmental site as designated pursuant to the version of the State Plan in effect at the time the Act is signed
4. Highlands except for a growth area pursuant to the Highlands Regional Master Plan
5. Pinelands except for any growth area designated in the Comprehensive Management Plan

4.  Except for access and right-of-way permits, permits and approvals issued by the Department of Transportation will not be extended.

5.  Permits and approvals that are issued under the Flood Hazard Area Control Act will not be extended, EXCEPT "where work has commenced, in any phase or section of the development, on any site improvement as defined in the Municipal Land Use Law (MLUL), or on any buildings or structures."

6. Coastal Center designations will not be extended where (1) an application for Plan Endorsement was not submitted to the State Planning Commission as of March 15, 2007 and (2) designations were not in compliance with the Coastal Zone Management rules.  Under the Act, all Coastal Area Facility Review Act (CAFRA) permits will be extended. 

7. The Act does not affect DEP-issued Administrative Consent Orders that are in effect or are issued during the extension period.

8. Where an approval tolled under the Act is based upon connection to a sanitary sewer system, the extension is contingent upon the treatment facility having sufficient capacity to accommodate that development.  If there is not sufficient capacity, those with permit extensions will have priority for further allocation of gallonage over those permit holders who did not receive hookup approval prior to PEA's enactment.

9. The DEP Commissioner would retain the ability to revoke or modify specific permits or approval where DEP is authorized to do so under the permit or approval.  This revocation or modification can also occur with those permits or approvals that qualify for extension. 

10. The Act does not modify any requirements related to State’s authority for delegation or assumption to implement a federal law or program (i.e. Wetlands program).   

Similarly it does not affect any permits or approvals issued by the U.S. government (or any of its agency or instrumentality) where its duration, date or expiration terms are specified or determined under a federal law or regulation.

11. The Act does not limit counties/municipalities’ obligation of submission of wastewater management plans or plan updates, as required under the newly adopted Water Quality Management Planning rules. 

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