PaDEP and DCED Publish Notice of Approvals Impacted by Permit Suspension Legislation and PaDEP Issues Guidance

September 2010Newsletters In the Zone

On July 6, 2010, Pennsylvania Governor Edward Rendell signed the Fiscal Code Bill (Senate Bill 1042 ), providing, in part, for the automatic suspension, during the “extension period” (which begins after December 31, 2008, and ends before July 2, 2013), of approvals granted by a government agency for or in effect during the extension period, whether obtained before or after the beginning of the extension period. This new legislation is a welcome relief, and significant benefit, to Pennsylvania developers and landowners hurt by the recession. Significantly, certain permits and approvals that may have expired since December 31, 2008, may no longer be considered to have expired, but have been suspended since January 1, 2009, thereby buying a developer or landowner significant additional time.

In accordance with the requirements of the legislation, municipalities and other government agencies had until August 5, 2010, to publish notice in the Pennsylvania Bulletin of the applicability of the extension period to approvals they have granted.

In response, both the Pennsylvania Department of Environmental Protection (PaDEP) and the Department of Community and Economic Development (DCED) have published their lists in the Pennsylvania Bulletin. PaDEP’s list may be viewed here , and the DCED list may be found here.

In addition, PaDEP published specific “Guidance for Implementation of Act 46 ," which provides specific information on PaDEP’s verification process. Specifically, PaDEP advised that holders of approvals should not assume that an expiration date has been extended unless it is listed in the guidance document and the holder has received verification pursuant to PaDEP’s outlined procedure.

For more information, please contact Kimberly A. Freimuth at 215.918.3627 or [email protected].