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Permit Extension Act of 2014 Signed

December 2014

Governor Christie and the legislature have provided a belated holiday gift to the New Jersey economy in general, and the development community in particular, through the enactment of the Permit Extension Act of 2014. This legislation, which was signed by the Governor on December 26th, extends the expiration of many development state and local permits or approvals by another year -- until December 31, 2015 or June 30, 2016, depending upon the permit.

The original Permit Extension Act was adopted at the height of the economic downturn in 2008. This legislation suspended the running of the expiration clock on certain permits in existence at the time of the enactment of the law for the “extension period,” which originally ran until July 31, 2010. For permits or approvals which would otherwise have expired during the extension period, the new expiration date was only extended for six months after the end of that extension period. In 2012, the legislature first extended the end date of the extension period until December 31, 2014. The new law adds another year, so that the new extension period is now December 31, 2015. For permits that would have expired during this time, the extension is limited to six months after the extension period, or until June 30, 2016.

The additional extension gives another chance to those projects for which permits or approvals were about to expire in areas where the Act applies. There are some geographic limitations -- the extensions do not apply to environmentally sensitive areas. Additionally, not all permits or approvals are covered. However, if there is an eligible project that was unable to get started before the prior deadline, there now may be an additional opportunity to proceed without the need to obtain new permits or approvals.

For more information about whether a particular project or approval is extended, please contact your Wolff & Samson PC attorney or the author listed below.

Dennis M. Toft | Co-Chair, Environmental Group | dtoft@wolffsamson.com | (973) 530-2014

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