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Permit Extension Act Alleviates Deadline Pressure on New Jersey Developers

Feb 9, 2015

A-3815 Signed Into Law

Obtaining proper land development permits and approvals can be a difficult, time-consuming and expensive process.  In addition, the time and expense that developers in New Jersey were investing in obtaining those permits and approvals would be lost upon their expiration. The Permit Extension Act was originally established with the purpose of extending permits and approvals affecting the physical development of property located within the State of New Jersey.  The Act alleviated some of the above pressures by giving developers relief from expiration losses.  Governor Christie signed A-3815 into law in December 2014, extending the act until December 31, 2015.

Originally enacted in 2008 and previously extended in 2010 and 2012, the Act was set to expire on December 31, 2014. The law extends permits which have been granted by state, regional, county and municipal agencies for an additional year in order to prevent the waste of public and private resources.  Previous requirements and terms of the Permit Extension Act are in effect as amended in prior years.

The new legislation does not permit the extension of any permit or approval to more than six months after the end of the redefined extension period in December 2015.  There’s an important factor to keep in mind: The version of the bill that allowed for a two-year extension to December 31, 2016 was rejected by New Jersey legislature, and it appears unlikely they will pass another extension to the Permit Extension Act.  Developers are encouraged to prepare now for the expiration of the Act.

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Megan Agnew

Megan Agnew is a Tax Senior Manager and is responsible for tax compliance and tax planning services to closely held businesses, S corporations, partnerships, and high net worth individuals and families.

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