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.
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
The following Freshwater Wetlands approvals issued pursuant to the Freshwater Wetlands Protection Act N.J.S.A. 13:9 B-1 et. Seq:
- Letters of Interpretation,
- Transition Area Waivers,
- Freshwater Wetlands General Permit 6 – affecting wetlands that are not Waters of the US (See FAQs for Waters of the US determination).
- Freshwater Wetlands General Permits affecting Transition areas only and
- Exemption Letters.
Waterfront Development permits issued pursuant to the Waterfront Development Law NJSA 12:5-3 et seq.;
Coastal Wetland permits issued pursuant to the Wetlands Act of 1970 NJSA13:9A-1 et seq.;
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.;
Flood Hazard Area Control Act permits issued pursuant to the Flood Hazard Area Control Act 58:16A-50 et seq. where site improvements have commenced, prior to the expiration of the permit, in any phase or section of the development. Site Improvements include “Improvement such as: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.” – (Definition taken from the Municipal Land Use Law).
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 Permits and Freshwater Wetlands General Permits affecting wetlands that are Waters of the United States are NOT eligible for an extension (See FAQs for determining eligible wetland permits).
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 known as Stream Encroachment Permit?
If yes, your permit may be extended provided the project is not in an Environmentally Sensitive Area and, if “Site Improvements” as defined in the Municipal Land Use Law, have begun prior to permit expiration.
- 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.
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 – the permit is 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.
Sites located in the Highlands: (included after the September 2012 amendment to the Act):
Eligible for extension under PEA -
Permits and documents issued for sites located in the Highlands Planning Area that are located outside Environmentally Sensitive Areas are elegible for extension.
Permits and documents issued for sites located in a designated Center are also eligible for extension.
Not eligible for extension under PEA –
- Sites located in the Highlands Preservation Area and sites located in Environmentally Sensitive Planning Areas, Planning Areas 4B (Rural Environmentally Sensitive) and 5 (Environmentally Sensitive).
- Sites located in a municipality that has received Plan Conformance approval prior to May 1, 2012 (See FAQ for list of municipalities)
Frequently Asked Questions
The FAQ is presently being updated to reflect the PEA 2012 changes.