Permit Expiration Period Extended by Act 87 of 2012

On July 2, 2012, when Governor Tom Corbett signed Act 87 of 2012 into law, which primarily amended the Fiscal Code, an important provision dealing with expiration of permits and approvals was amended. Since July 6, 2010, under Act 46, an extension period has been in effect which suspended the expiration date of many municipal and governmental approvals until July 1, 2013. With a few exceptions, the extension period applies to all government agency approvals, agreements, permits (including building and construction permits), authorizations or decisions allowing for or affecting development (including land development, subdivision construction, alteration, site preparation or changes in land use) and construction projects, or issued under a number of statutes. The extension period also extended the time for creating additional units out of convertible real estate in a condominium or planned community. Additionally, for approvals granted under the Pennsylvania Municipalities Planning Code, during the extension period, no change in zoning, subdivision or other governing ordinance can affect the right to commence or complete activities authorized by the approval.

Act 87 extends the extension period three years – until July 2, 2016.

For more information about the permit extension period and how it may impact your project, please contact Ronald M. Lucas at 717.255.7352, Charles M. Suhr at 717.255.7356, Ambrose W. Heinz at 717.255.7377, or the Stevens & Lee attorney with whom you normally consult regarding land use issues.

This News Alert has been prepared for informational purposes only and should not be construed as, and does not constitute, legal advice on any specific matter. For more information, please see the disclaimer.

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