On December 8, 2011, the Assembly Housing and Local
Government Committee overwhelmingly approved bipartisan legislation sponsored
by Assemblyman Lou Greenwald, D-Camden, and Republican Leader Alex DeCroce,
R-Morris and Passaic, that seeks to extend the expiration date of the “Permit
Extension Act of 2008.” Under the current law, the extension is set to expire
on December 31, 2012. If approved, the extension would now expire on December
The “Permit Extension Act of 2008” protects governmental
approvals for a broad range of development projects from unnecessarily expiring
due to the mere passage of time during one of the longest economic downturns
since the Great Depression of the 1930’s.
The process of obtaining planning board and zoning board of
adjustment approvals for subdivisions, site plans, and variances (including other
State permits such as environmental approvals), can be difficult, time
consuming and expensive. Additionally,
you should have legal representation involved to ensure that these approvals
are in your best interest. In order to help avoid the unnecessary added expense
of obtaining extensions on previously approved permits, New Jersey enacted the
“Permit Extension Act of 2008.” Now, to further assist banks, real estate
developers and construction contractors, the New Jersey Legislature will seek
to extend the expiration date of governmental approvals to December 31, 2014.
In accordance with the tolling provision in the Act, no approval would be
extended beyond six months after the conclusion of the extension period, or
until June 30, 2015 under the bill.
However, there are several exemptions and exclusions to the
Act, and you should seek competent legal assistance to determine whether your
particular governmental approval or permit is extended.
New Jersey Bankers, Construction Companies and Real Estate professionals should read this new blog post by Jason R. Rittie, Esq. about the extending of the New Jersey Permit Extension Act of 2008 which was set to expire.