October 20, 2020

Volume X, Number 294

October 19, 2020

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Governor Murphy Signs Permit Extension Act of 2020

On June 30, 2020, Governor Murphy signed the Permit Extension Act of 2020 (“PEA”) into law. The PEA extends certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period.” The Extension Period begins on March 9, 2020 and continues until the end of the COVID-19 public health emergency. The PEA also provides an additional 6 months of tolling.

The PEA applies to numerous environmental permits and other governmental approvals, including, approvals of soil erosion and sediment control plans, waterfront development permits, CAFRA permits and center designations, septic approvals, approvals for applications pursuant to the Municipal Land Use Law (“MLUL”), etc.

For the PEA to apply, the approval must have been in effect on March 9, 2020. Within 30 days of the PEA’s enactment, state agencies, such as the New Jersey Department of Environmental Protection, must publish a notice of the tolling approvals in the New Jersey Register. In addition, the approvals subject to extension under the PEA must be “registered with” the agency within 30 days of the notice in the New Jersey Register. At this time, it is unclear what this registration requirement entails, but we will provide additional information when available.

As to the MLUL, the PEA extends the 45-day period for a municipal completeness certification under N.J.S.A. 40:55D-10.3 to the later of: 120 days after March 9, 2020 or 60 days after the application is submitted to the municipal agency. This extension applies to applications awaiting certification as of March 9, 2020 and applications submitted during the COVID-19 Extension Period.

In addition, the time periods for a municipal agency to grant or deny any application for development under the MLUL is extended by 120 days for applications awaiting a completeness certification or pending before a municipal agency as of March 9, 2020. As to applications submitted during the COVID-19 Extension Period, the time period is extended to the later of: 120 days after March 9, 2020 or 60 days after the application is certified as complete by the municipal agency.

We will continue to monitor this recent legislation and provide updates.

Linda M. Lee, Michael P. Castore, Donna A. McBarron and Steven J. Corodemus contributed to this article. 

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 184

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Michael J. Gross, Giordano Law Firm, Environmental Attorney
Shareholder/Managing Partner

Mike, chair of the Environmental Law Practice Area, handles all aspects of New Jersey and federal environmental law, including permitting and litigation, CAFRA, sewage disposal and water supply, wetlands, riparian (tidelands) law, solid waste, flood hazard areas, siting of energy and other industrial facilities, site remediation, Pinelands, Highlands, cultural resources, stormwater, wastewater planning, water and air pollution. He also appears before planning and zoning boards and has handled complex construction litigation matters.

Mike is...

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Marc D. Policastro Shareholder Giordano Law Firm, Business Attorney
Shareholder

Marc, Chair of the Environmental Department, is a transactional, business attorney, who focuses his practice in development, redevelopment, environmental compliance cases, corporate transactional matters, land use, zoning and business counseling. Admitted to practice in New Jersey and New York, he has represented numerous national developers, manufacturers, cogeneration facilities and utilities, automobile dealerships, lenders, borrowers and municipal boards in myriad land use contexts, including commercial and residential development and due diligence matters. He also focuses on complex remediation cases and general environmental compliance counseling. He has significant experience in ISRA, Spill Act, LSRP, UST and related hazardous substance regulatory matters and redevelopment of contaminated sites. Marc is originally from New York City and was raised in Holmdel, NJ. He attended Christian Brothers Academy, University of Richmond and Seton Hall Law School.

Marc is the author of The Remediation Wire, a blog devoted to a broad range of environmental news, laws, regulations and upcoming events in the environmental field.

Marc is also the co-author of New Jersey Redevelopment Blog, a blog devoted to news and updates regarding all Redevelopment matters, laws, news and updates throughout New Jersey.

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Paul H. Schneider, Giordano Law Firm, Litigation Attorney
Shareholder

Paul, Chair of the Environmental & Land Use Litigation Practice Area, focuses his practice in environmental, redevelopment, land use, regulatory, real estate and affordable housing law, and litigation. He also handles a wide variety of redevelopment matters as well as corporate and commercial litigation. In addition to handling major litigation before both the state and federal courts and the Office of Administrative Law, he has extensive experience before the New Jersey Supreme Court and the Appellate Division.

Paul represents real estate...

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Steven M. Dalton, Giordano Law Firm, Attorney, Environmental - Land Use, Environmental - Site Remediation, Land Use & Development Law ,Cannabis Law, Real Estate, Renewable Energy, Environmental Law, Land Use Law, Litigation
Shareholder

Steve's primary practice is in Environmental Law. He is able to utilize his background in environmental sciences to anticipate, understand and address the issues that his clients confront. Steve assists business and individual clients in state and federal environmental permitting, regulatory compliance, solid and hazardous waste remediation and redevelopment of contaminated sites, underground storage tank compliance, water and sewer rights and approvals, Tideland rights and approvals, and municipal land use matters.  Steve also assists clients with environmental aspects of real estate...

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David J. Miller Shareholder environmental regulatory, real estate and corporate transactional matters attorney
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Dave is an environmental attorney with experience in the private and public sectors who focuses his practice on environmental regulatory, real estate and corporate transactional matters. He counsels clients on site remediation, the Industrial Site Recovery Act (ISRA), Site Remediation Reform Act (SRRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), due diligence, participation in potentially responsible party groups and interaction with the Environmental Protection Agency on Superfund matters.  Dave also advises on the procurement of environmental permits...

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