Wednesday, July 25, 2012

New Jersey: Construction Approval/Permit Suspension Legislation Passed

Both houses of the New Jersey Legislature have passed A-1338 (Act) -- a law that extends and modifies the Permit Extension Act of 2008. Approvals are broadly defined to include local, county and state permits and entitlements.

Not every approval is covered, however.  Excluded from the extension are federal permits and all permits in environmentally sensitive areas such as the Pinelands and Highlands as well as lands located in Planning Areas 4 & 5 under the State Development and Redevelopment plan. The Act applies to all approvals in effect on and after January 1, 2007.

Under certain circumstances, approvals can be extended for additional 6 months after December 31, 2014. In addition the Act does not prevent the developer from seeking additional extensions of the approval if other grounds exist for an additional extension.

As for the Pinelands, all permits in the “Extension Areas” i.e. growth areas of the Pinelands are extended.

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