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Permit Extension Act of 2008, as Amended through 2012

  • Overview
  • Eligible Approvals
  • FAQ

The New Jersey Legislature approved the Permit Extension Act (PEA) on June 23, 2008 and the bill was signed by Governor John Corzine on September 8, 2008.  The “Permit Extension Act of 2008” (N.J.S.A. 40:55D-136.1 et seq.) extended certain permits through December 31, 2012.  The law was most recently modified on September 21, 2012 to further extend  certain approved permits and to revive a smaller number of certain expired permits through at least December 31, 2014 and up to June 30, 2015, depending on the original expiration date of the permit. Certain permits are specifically excluded in the law. The law revives and extends State, county and local government approvals in any “extension area” defined in the law. Approvals in any “environmentally sensitive area” (ESA) defined in the law are not extended.

The PEA provides some relief to developers by granting a grace period that effectively tolls the expiration period for some existing development permits and approvals until December 31, 2014 and through tolling up to June 30, 2015.

Approvals issued by the Division of Land Use Regulation may be eligible for an automatic extension under the PEA. To find out if your approval is one of these, please click on the "Eligible Approvals" tab.

An "approval" for the purpose of this website could be any permit, waiver or other issuance by the Department's Division of Land Use Regulation.

The following advisory guidance is non‐binding and any interested party or permit holder should not, in any way, rely to any extent on the guidance provided herein and should not be construed as legal advice.

How to determine if my approval is extended under the PEA

If your approval expired before January 1, 2007, then it is not eligible for an extension under the PEA. If your approval expired/expires after January 1, 2007, it may be eligible for an extension provided the site is not located in an “environmentally sensitive area” (ESA) as defined in the law.

What to Know:


Division of land Use Regulation Permits/Approvals covered under the Permit Extension Act

  1. The following Freshwater Wetlands approvals issued pursuant to the Freshwater Wetlands Protection Act N.J.S.A. 13:9 B-1 et. Seq:
    1. Letters of Interpretation,
    2. Transition Area Waivers,
    3. Freshwater Wetlands General Permits (see FAQs for applicable General permits),
    4. Transition Area Waivers affecting Transition areas only and
    5. Exemption Letters.
  2. Waterfront Development permits issued pursuant to the Waterfront Development Law NJSA 12:5-3 et seq.;
  3. Coastal Wetland permits issued pursuant to the Wetlands Act of 1970 NJSA13:9A-1 et seq.;
  4. Coastal Area Facility Review Act (CAFRA) permits issued pursuant to the Coastal Area Facility Review Act N.J.S.A. 13:19-1 et seq.;
  5. Flood Hazard Area Control Act permits issued pursuant to the Flood Hazard Area Control Act 58:16A-50 et seq. only where work has commenced, prior to the expiration of the permit, in any phase or section of the development, on any site improvement or on any building or structure.

Division of land Use Regulation Permits/Approvals NOT covered under the Permit Extension Act

Freshwater Wetlands permits issued pursuant to N.J.S.A. 13:9 B-1 et seq. and the Federal Clean Water Act U.S.C. 1251 et seq.;

Freshwater Wetlands Individual Permit or a Freshwater Wetlands General Permit (See FAQs for GP#6 and other General Permit exception) are NOT eligible for an extension.

Determining if an activity is extended under the Permit extension Act

Freshwater Wetlands Approvals:

If your approval is:

and is NOT in an Environmentally Sensitive Area (ESA) then your approval is extended until December 31, 2014 and if tolled, up to June 30, 2015.

If your approval site is in an ESA, no extension under the PEA can be granted, although you may be eligible for a standard extension pursuant to the Freshwater Wetlands Protection Act Rules.

Please see item #7 under FAQ tab for more information on standard extension pursuant to the Freshwater Wetlands Protection Act Rules

Flood Hazard/Stream Encroachment Approvals:

Is your permit a Flood Area Permit previously knows as Stream Encroachment Permit?

If yes your permit may be extended provided the project is not in an Environmentally Sensitive Area and “Site Improvements” as defined in the Municipal Land Use Law, have taken place.

  • Project is in an ESA – No extension
  • Project is not is an ESA and no site improvements have taken place prior to original expiration date of the permit – No extension.
  • Project is not in an ESA and site improvements have commenced prior to the original expiration date of the permit – Permit extended until December 31, 2014 and, if tolled, up to June 30, 2015

Coastal Permitting:

Is your permit a Waterfront Development Permit or a Coastal Wetlands Permit pursuant to the Wetlands Act of 1970?

If yes – are these permits issued for activities below the mean high water line?

If yes - Extended – until December 31, 2014 and, if tolled, up to June 30, 2015

If no – Is your site in an ESA?

If yes, you are not extended.  If no, then your approval is extended until December 31, 2014 and, if tolled, up to June 30, 2015.

Is your approval a CAFRA Permit?

If "yes" and your site is NOT in an ESA, then your approval is extended until December 31, 2014 and, if tolled, up to June 30, 2015.

 

Frequently Asked Questions

The FAQ is presently being updated to reflect the PEA 2012 changes.

 

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Last Updated: January 9, 2014