New Jersey: Permits and Approvals Must Be Registered With NJDEP By October 8, 2020 to Claim PEA 2020 COVID-19 Extension

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On July 1, 2020, New Jersey’s Governor Phil Murphy signed the Permit Extension Act of 2020 (“PEA 2020”) into law. The PEA 2020 tolls certain state and local permit approvals, including approvals of soil erosion and sediment control plans granted by a local soil conservation district and waterfront development permits, during the pendency of the public health emergency caused by COVID-19. Additionally, the PEA 2020 extends the deadlines for those approvals that would have otherwise expired during the public health emergency for an additional six months beyond the end of the COVID-19 extension period. Importantly, the PEA 2020 does not impact those approvals that expired prior to March 9, 2020 (the beginning of the public health emergency) or apply to those that will expire after the public health emergency ends.

Under the PEA 2020, state agencies were required to place a notice in the New Jersey Register tolling permits and approvals within 30 days of the Act’s effective date. At that time, permit holders would then have 30 days to register the permit or approval with the appropriate state agency to claim the benefit of the PEA 2020 extension. On September 8, 2020 the New Jersey Department of Environmental Protection (“NJDEP”) published a notice in the New Jersey Register. As a result, permit holders are required to register permits and approvals with the NJDEP by October 8, 2020. Permits can be registered with the NJDEP here.

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.

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