As in the film “Groundhog Day,” local governments woke up at the end of the 2011 Legislative Session to find that yet another set of permit extensions were provided directly by the state, preempting local control of the renewal and extension of building permits and development orders.
This year’s version includes another two years for almost everyone, and a specific additional two years for those who didn’t qualify for the 2010 legislative extension. However, a cumulative limit of four years for multiple statutory extensions was added for the first time, so an end may be in sight to abandoned development sites creating eyesores in residential neighborhoods.
The Act also gave a four year extension to Developments of Regional Impact.
The calculation of eligibility is a little tricky, and there are some exemptions and some statutory conditions that must be met, such as not creating a nuisance and specifying when the applicant intends to act on the permit. Local governments and applicants should carefully review permit extension requests against the Act, to ensure compliance and ensure the effectiveness of the extension request.
Author(s): Susan L. Trevarthen
