Legal Alert: Possible Revival of the Permit Extension Act to Address Impacts of COVID-19

On April 9, 2020, the New Jersey Legislature Introduced Bill A3919/S2346 which would have the effect of reviving the New Jersey Permit Extension Act, previously codified in the Municipal Land Use Law, N.J.S.A. 40A:55D-136.1, et seq. (Section 2 of P.L.2008, c.78), which expired on December 31, 2018.As proposed, the Permit Extension Act would again become effective commencing March 9, 2020 and would remain in effect for as long as the public health/state of emergency declared by Governor Murphy in response to COVID-19 remains in effect (the "COVID-19 Extension Period").

If adopted by the Legislature and signed into law by Governor Murphy, the period of approval for most permits and/or other approvals issued/granted by most local, county and/or State entities and agencies relating to development of property in the State of New Jersey which are "in existence" on March 9, 2020 would be "automatically suspended" or tolled during the COVID-19 Extension Period, provided that no approval would be deemed tolled for more than 6 months after the end of the COVID-19 Extension Period.

We are closely monitoring the status of Bill A3919/S2346 and will provide updates as further information becomes available.

For a copy of Bill A-3919, click here:

https://www.njleg.state.nj.us/2020/Bills/A4000/3919_I1.PDF

For a copy of companion Bill S-2346, click here:

https://www.njleg.state.nj.us/2020/Bills/S2500/2346_I1.PDF

For more information regarding this and other COVID-19 legislation impacting development efforts across the State, contact Nehmad Perillo Davis & Goldstein by calling (609) 927-1177.