Tolling Period for Development Approvals Extended Through 2011


On Saturday, July 10, just after 4:30 a.m., the North Carolina General Assembly passed House Bill 683 (“HB 683”) which extends the tolling period for development approvals to December 31, 2011. The original tolling period set forth in the Permit Extension Act of 2009 was set to expire on December 31, 2010. The bill was heavily lobbied by both the development community and local government associations. Governor Perdue is expected to sign the new legislation which will make it effective immediately.

In short, the Permit Extension Act of 2009 suspended the expiration of development approvals that were current and valid at any point during the three-year period running from January 1, 2008 through December 31, 2010. In effect, it stopped the clock from running on development approvals during this three-year period. HB 683 extended this tolling period to December 31, 2011 thereby making the tolling period a total of four years. For example, if a permit holder obtained a development approval on March 1, 2008 that requires construction to begin within 12 months, that 12 month period would not begin to run until January 1, 2012. If, however, the development approval was obtained on March 1, 2007, the clock would stop running on January 1, 2008 and would resume on January 1, 2012. The developer would then have 3 months remaining on his development approval to begin construction.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Poyner Spruill LLP | Attorney Advertising

Written by:


Poyner Spruill LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.