The DEP offers the following non-binding advisory guidance to the public. However, 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. Instead, interested parties should perform their own due diligence for their own particular permit, property or project.
What does the Permit Extension Act modification of 2012 (PEA 2012) do?
PEA 2012 extends certain permits and approvals up to 2015.
- Eligible permits and approvals that expired between January 1, 2007 and June 30, 2007 are extended until the corresponding date in 2015. For example, if an eligible permit according to the Act expired on March 1, 2007, the permit now expires on March 1, 2015.
- Eligible permits and approvals that expired or were scheduled to expire between July 1, 2007 and December 31, 2014 are extended until June 30, 2015.
- Eligible permits and approvals that were scheduled to expire between January 1, 2015 and June 30, 2015 will now all expire on June 30, 2015.
How do I know if my permit or approval is extended?
DEP is providing the tools and information necessary for the regulated community to do their own due diligence to determine whether their permit or approval is extended. DEP will not issue written confirmation of applicability for any permit or approval that is or is not covered under PEA 2012.
When multiple permits are issued for a single property or project, how do I determine Permit Extension Act applicability?
For multiple permits issued for a single property or project, the extension criteria will be applied separately to each individual permit type. If multiple permits were issued to one activity, PEA 2012 will extend only the permits that meet the criteria; others will expire on the original expiration date.
How do I determine if my permit or approval is within an Environmentally Sensitive Area?
DEP has posted a web page with more information and resources to assist applicants or their consultants in some determinations as to whether or not a site or a portion of a site is located in an environmentally sensitive area as defined by PEA 2012.
If a site is located partially in an Environmentally Sensitive Area, is the permit or approval extended under PEA 2012?
Whether permits or approvals for a site located partially in an Environmentally Sensitive Area are extended depends upon the specific circumstances of the site. Inquiries regarding such sites should be directed to DEP’s Division of Land Use Regulation through the PCER website inquiry form.
Are Wastewater Management Plans eligible for extension by PEA 2012?
Wastewater Management Plans that were current at any time during the extension period, subject to meeting the requirements of PEA 2012 and excluding approvals that arise out of federally delegated programs, are eligible for extension.
Does PEA 2012 impact the obligation of Wastewater Management Planning Agencies to submit a Wastewater Management Plan?
The Permit Extension Act does not extend the timeframe for the obligation of any wastewater management planning agency to submit a wastewater management plan update pursuant to the deadlines established in the Water Quality Management Planning rules (N.J.A.C. 7:15).
The following advisory guidance is non-binding and any interested party or permit holder should not in any way relay to any extent on the guidance provided herein and should not be construed as legal advice.