What Permits and Approvals Are Not Covered by the Permit Extension Act?

When the recession hit New Jersey and the rest of the country in 2008, concerns that critical development projects would be abandoned before the economy could rebound led then Governor John Corzine to sign into law the New Jersey Permit Extension Act (PEA), keeping qualified governmental permits and approvals open until July 1, 2010. Two subsequent amendments to the statute have tolled the expiration date of these permits to December 31, 2014.

When the legislature first considered extending the termination dates for permits and approvals, it met with significant resistance from community activists and environmentalists. In order to garner the necessary support to pass the bill, sponsors had to agree that certain types of permits or approvals were not subject to extension. These include:

    • Permits or approvals in what are considered to be “environmentally sensitive areas.” Those locations qualifying as “environmentally sensitive areas” are specifically delineated in the 2012 amendment of the PEA. They include, but are not limited to, state planning areas, critical environmental and historic sites, and specific locations within the Highlands Region.
    • Permits or approvals within the State Pinelands Boundary, which are subject to the Pinelands Protection Act, if the extension would necessitate approval from the U.S. Department of Interior, or would violate state or federal laws or regulations.
    • Permits or approvals subject to the New Jersey Flood Hazard Area Control Act, except projects that were already underway when the PEA went into effect
    • Department of Transportation permits issued by the state of New Jersey, except right-of-way permits
    • All permits or approvals issued by the federal government, or any permit or approval with a duration or expiration date set by federal law

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At the law office of Del Duca Lewis, we bring five decades of commercial real estate and business law experience to clients across southern New Jersey and the greater Philadelphia area. Attorney Damien Del Duca has been named a New Jersey Super Lawyer. To schedule a meeting to discuss your legal concerns, contact our office online or call us at 856-427-4200.