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New Permit Extension Law Impacts Developers and Municipalities

By: Andrew D.H. Rau

This week’s budget approvals in Harrisburg included legislation that will have an effect on landowners, as well as state and local government entities across Pennsylvania.  Senate Bill 1042, signed into law as Act 46, will extend the life of many land development and related approvals, if the approvals are in place on or after January 1, 2009.  The extension period runs through July 1, 2013.

The extensions may not apply or will involve special rules as to certain state permits, for example some Department of Environmental Protection and PaDOT approvals. Unique provisions also apply to Philadelphia.

Local governments retain the power to suspend or revoke approvals for non-compliance with written conditions, and enforce conditions that are imposed as a pre-requisite in moving from preliminary to final plan approval.  Developers are, however, protected in many cases from changes in law, regulation or policy during the extension period.

For a full copy of the bill’s provisions, click here and go to Article XVI-I, “Permit Extensions,” beginning at page 99.

For more information, contact Andrew Rau in our West Chester office.

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