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State of New Jersey Department of Environmental Protection-Permit Extension Act
State of New Jersey Department of Environmental Protection
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Office of Permit Coordination and Environmental Review
401 East State St.
Mail code: 401-07J
P.O. Box 420
Trenton, NJ 08625
(609) 292-3600

On June 30, 2016 legislation was enacted (P.L. 2016, c. 14) to extend the expiration dates of certain permits issued by the Department for an additional year.  Unlike past permit extension laws that applied to the entire State, the latest enactment applies only to “Superstorm-Sandy impacted counties.”  The counties that fall under the new law are:  Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union.

P.L. 2016, c. 14 provided that for certain Department-issued approvals in existence between January 1, 2007 and December 31, 2016, the running period of those approvals shall be extended until at least December 31, 2016 and as late as June 30, 2017, depending upon the expiration date of the applicable permit.

Therefore under the new law, in Superstorm Sandy-impacted counties only:

  • A Department-issued approval which had more than six months left in its validity on January 1, 2007, would expire on June 30, 2017.
  • If the Department-issued approval had less than six months left in its validity on January 1, 2007, it would be valid for whatever amount of time it had remaining on its validity after December 31, 2016.  For example, a permit that would otherwise have expired on April 15, 2007 would now be valid until April 15, 2017.

Because P.L. 2016, c. 14 is limited in its application to “Superstorm Sandy-impacted counties,” permits extended under prior permit extension laws enacted in 2008 and 2014 have expired as of June 30, 2016.  For historical perspective, the text of past permit extension laws can be found at the links below.

What to Know

Legal Background

Interested parties and permit holders are advised that the DEP will continue the policy implemented in 2012 of not issuing letters confirming the extension status of any permits.

For more information on the State of New Jersey’s response to Superstorm Sandy, please visit the Governor's Office of Recovery and Rebuilding website at: http://nj.gov/gorr/index.shtml

For additional information about the Department of Environmental Protection's response to Superstorm Sandy, please visit: http://www.nj.gov/dep/special/hurricane-sandy/

This advisory guidance is non-binding. Any interested party or permit holder should not in any way rely to any extent on the advisory guidance provided herein. This advisory guidance should not be construed as legal advice.

 

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Last Updated: July 14, 2016