Tagged: Permit Extension Act of 2020

Permit Extensions: Looming Deadline and Best Practices

The period within which to register development approvals for tolling or extension under the Permit Extension Act of 2020 (“Act”) concludes on October 8, 2020. Permits and approvals which are not timely registered by that date may expire without receiving the benefit of tolling afforded by the Act. We have detailed both the Permit Extension Act of 2020 and the recently published notices from various state agencies on our website. While the language of the Act as adopted, and the accompanying notices from the various state agencies, are not fully consistent with respect to what approvals are required to be registered, we wanted to pass along two key suggestions regarding how to best take advantage of the Act: Register All Approvals. We suggest to err on the side of registering all approvals – this means not only State agency permits, but also municipal land use approvals, agreements for sewerage capacity, water permits, construction permits, plan endorsements under the State Planning Act, and any approval for permits related to any development application. While the statutory language seemed to suggest that it was only state level permitting that would be subject to registration, it appears that NJDEP will be serving as a database and repository for all approvals – not just those of state agencies – and...

Permits to Be Extended Under Permit Extension Act of 2020 Must Be Registered by October 8, 2020

We previously reported on the adoption of the Permit Extension Act of 2020, which provided a mechanism for tolling or extension of permits and approvals during the public health emergency associated with COVID-19, and extending those approvals for “at least six months beyond the conclusion” of the associated extension period. Under the Permit Extension Act of 2020, all approvals that are subject to tolling or extension were required to be registered “with the department” within 30 days of the publication of a notice in the New Jersey Register. That registration deadline has now been established as October 8, 2020. Regardless of whether your permit or approval expires in the next few months or late next year, it may be prudent to register now, particularly given the differences between the prior iterations of the Permit Extension Act and the present statutory language, and the lack of a clear end of the present public health emergency. The Department of Environmental Protection published a notice in the New Jersey Register on September 8, 2020, announcing that the registration period for approvals has begun. Notably, the notice provides that “[t]his registration requirement applies to specified permits, approvals, and deadlines from a broad range of State and local entities – not just the Department.” It is not clear under the...