On September 19, 2012, legislation was enacted (P.L. 2012, c.48) that modified the provisions of the Permit Extension Act of 2008 (P.L. 2008, c.78). Although the legislation did not change the name of the law, for the sake of clarity the modified legislation will hereafter be referred to as the “Permit Extension Act of 2012” or “PEA 2012”.
For your information and convenience, the DEP is providing information on PEA 2012 through these web pages. However, any interested party or permit holder should not in any way rely to any extent on the guidance provided herein. This guidance should not be construed as legal advice. Instead, interested parties should rely on their own due diligence for their own particular permit, property or project.
The Permit Extension Act of 2008 (N.J.S.A. 40:55D-136.1 et seq.) extended certain permits through December 31, 2010. Generally, if a permit outside of an “environmentally sensitive area” was extended by PEA 2008, it is likely that the permit is extended under PEA 2012 until at least December 31, 2014 and as late as June 30, 2015, depending upon the original expiration date of the permit except as noted below.
The definitions of “environmentally sensitive area” and “extension area” in PEA 2012 differ from PEA 2008 with respect to the applicability of the law in the Highlands Planning Area. Whereas permits and approvals in the Planning Area of the Highlands Region as defined in Section 3 of the Highlands Water Protection and Planning Act (N.J.S.A. 13:20-3) were not extended under PEA 2008, PEA 2012 specifically includes the Planning Area. PEA 2012 also allows extensions of permits and approvals in any Highlands Center designated by the Highlands Water Protection and Planning Council.
PEA 2012 does specifically exclude any permit or approval within a Highlands Planning Area municipality that adopted by May 1, 2012 a Highlands master plan element, a Highlands land use ordinance, or a Highlands environmental resource inventory.
Note that this exception to the general extension of permits in the Highlands Planning Area does not extend to any permit or approval located within a Highlands Center designated by the Highlands Council, even if that municipality has adopted a Highlands master plan element, Highlands land use ordinance, or an environmental resource inventory.
All other permits or approvals in the Highlands Planning Area that otherwise meet the criteria to be extended are extended until at least December 31, 2014 and as late as June 30, 2015, depending upon the original expiration date of the permit.
For additional information regarding the Highlands Region, contact the Highlands Council (www.highlands.state.nj.us).
The Permit Extension Act of 2012 does not require the DEP to construe the law in any way so as to modify the requirement of any law necessary to retain federal delegation, assumption or authority to implement a federal law or program. The law also preserves DEP’s ability to modify or revoke a permit if such a modification or revocation is permissible in the underlying permitting law.
The DEP will not be issuing letters confirming the extension status of any permits.
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.