On July 1, 2020, Governor Murphy signed the Permit Extension Act of 2020, supplementing Title 40 of the Revised Statutes, (the “Act”) into law. The Act automatically extends certain state and local government issued approvals and permits during the “COVID-19 extension period.”
Eligible approvals and permits include, but are not limited to, any municipal, county, regional, or State approval or permit granted under the general authority conferred by the State of New Jersey, or any other government authorization of any development application or any permit related thereto.
The “COVID-19 extension period” extends eligible permits and approvals set to expire on or after March 9, 2020 for as long as a public health emergency is declared by Governor Murphy in response to COVID-19. Government approvals will be extended at least six months beyond the conclusion of the “COVID-19 extension period.” However, for construction projects suspended pursuant to either the Governor’s Executive Order No. 122 or any other government order, the extension period will be 12 months after the conclusion of the “COVID-19 extension period.”
State agencies must place a notice in the New Jersey Register tolling approvals within 30 days of the effective date of the Act. Any government approval subject to the automatic suspension of the running period of such approval for the “COVID-19 extension period” shall be registered with the appropriate department within 30 days of the notice in the New Jersey Register. The appropriate department shall publish on its website a list of government approvals for which the running of the period of such approvals are suspended for the “COVID-19 extension period” within 14 days of receipt of the government approval registration. A permit or approval that is not properly registered will not be suspended for the COVID-19 extension period.
For applications submitted during the “COVID-19 extension period”, or applications awaiting certification as a complete application by a municipal agency as of March 9, 2020, the deadline for municipal completeness certification is extended to either 120 days after March 9, 2020, or 60 days after the application is submitted, whichever date is later. The time period for a municipal agency to either grant or deny an application for development is extended to either 120 days after March 9, 2020, or 60 days after the application for development is certified as complete by the municipal agency, whichever date is later.