Manage
My Account

New Jersey’s Permit Extension Act to Expire December 31, 2014

PDF
August 11, 2014 | Legal Alert

Despite the continuing challenges of the economic climate, it appears unlikely that the New Jersey Legislature will pass another general extension to the Permit Extension Act (“PEA”). The tolling of the time for which most real estate related government issued permits and approvals are effective, as provided by the PEA, is currently scheduled to end on December 31, 2014, and we encourage our clients to begin preparing for this deadline.

Brief Overview Of How The PEA Works:  The PEA covers a variety of municipal, regional, and state-issued development permits and/or approvals, with an expiration date or were approved, between January 1, 2007 to December 31, 2014.

When the PEA went into effect on January 1, 2007, the New Jersey Legislature figuratively hit “pause” on the stopwatch ticking toward the expiration date of any covered permit and/or approval. On December 31, 2014 the Legislature will hit “start” on the stopwatch. The stopwatch illustrates the legal concept of “tolling.” It is important to note that all tolled permits and/or approvals do not automatically expire on December 31, 2014. Rather, that is simply the date that the stopwatch starts ticking again, and it is important to now analyze what the status of any tolled permits and/or approvals will be as of 12:01 AM on January 1, 2015 and what, if anything should be done prior to December 31, 2014.

The Legislature limited the maximum time left on any covered permit and/or approval on the legislative stopwatch to six months after December 31, 2014.  Therefore, when the Legislature hits “start” on December 31, 2014, the longest the stopwatch can run for any Permit and/or Approval that would have expired on or before December 31, 2014, is until June 30, 2015 – this is an automatic expiration date.

Shorthand Rules For Figuring Out How The PEA Affects Your Permit and/or Approval:  It is a fact-specific inquiry to determine how individual permits and/or approvals will be affected, but generally, permits and/or approvals will fall into one of three categories, as follows:

Category 1:  If there were more than 6 months left on the permit and/or approval on January 1, 2007, the permit and/or approval will automatically expire on June 30, 2015. 

Category 2:  If there were less than 6 months left on the permit and/or approval on January 1, 2007, the permit and/or approval will expire December 31, 2014 plus the time remaining on the permit and/or approval as of January 1, 2007.

Category 3:  If the original expiration date on the permit and/or approval is after June 30, 2015, the PEA does not apply; no tolling is invoked and the legislative stopwatch is not involved.  The original expiration date remains the final expiration date.  The PEA does not shorten or lengthen the term of any such approval.

For Examples of Tolling Effects on Permits/Approvals granted during the Period January 1, 2007 – December 31, 2014, See Link in the last paragraph of this Alert.

How To Preserve Your Permits and/or Approvals In Preparation For The End Of The PEA’s Protection:  Below are some proactive steps that can be taken to preserve existing permits and/or approvals beyond the effectiveness of the PEA:

The appropriate course of action with respect to any permit is highly fact-specific and depends on the regulatory scheme governing the individual permit at issue. For additional information on specific permits, consult our recently-published article, For Whom the Permit Tolls: Life After the Permit Extension Act. If we can provide any assistance or guidance with respect to a specific permit, do not hesitate to reach out to us at robert.washburn@flastergreenberg.com; emily.markos@flastergreenberg.com and frank.wisinewski@flastergreenberg.com.

Practice Areas

In light of recent changes to data protection laws, we have updated our Privacy Policy and Terms & Conditions, which explain how we collect, use, maintain, and secure your information. By using this site, you agree to our updated Privacy & Terms of Use Policies