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New Jersey Permit Extension Act Extended...Again

Following the national recession, the initial New Jersey Permit Extension Act – NJSA 40:55D-136.1 et. seq. – became law on September 6, 2008 in response to what was designated by the New Jersey Legislature as a ‘statewide recession in order to preserve and extend a wide range of construction approvals first granted on or after January 1, 2007’.

The law ran through December 31, 2012 with a six-month grace period, and in some cases, beyond that for certain approvals. When the Act was close to expiration, it was re-extended through December 31, 2014 with the justification that because the state was part of a larger national recession, developers needed more time to maintain their approvals. Another extension was approved in late 2014 extending the Act for certain approvals and permits through December 31, 2015, again, with a six-month grace period.

Most recently, on June 30, 2016, a one-year extension (A3617/S2390) was approved by Governor Christie for the nine counties most affected by Superstorm Sandy. The law allows the permits that were previously extended by the PEA to remain valid in Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, and Union counties until June 30, 2017. Applicants outside of those nine counties should seek extensions from the municipal Planning Board and Board of Adjustment approvals. To find more information on the extension, visit the PEA FAQ page on NJ.gov

If you require assistance determining the permit regulations for a New Jersey construction project, Milrose is here to help. Contact the NJ office of Milrose Consultants.

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