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 2016 Permit Extension Law do?
The law extends certain permits and approvals for an additional (1) year up to 2017.
- 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.
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 the law.
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, the law 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 2014.
If a site is located partially in an Environmentally Sensitive Area, is the permit or approval extended under the law?
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 the law?
Wastewater Management Plans that were current at any time during the extension period, subject to meeting the requirements of the law and excluding approvals that arise out of federally delegated programs, are eligible for extension.
Does the law impact the obligation of Wastewater Management Planning Agencies to submit a Wastewater Management Plan?
The law 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.