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DWQ Implementation of the Permit Extensions Act of 2009
Session Law 2009-406 - An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State
In 2009, North Carolina enacted SL 2009-406 which extends coverage of certain government permits and approvals that are current and valid at any point between Jan. 1, 2008 and Dec. 31, 2010 under Chapter 23, Article 21 of the North Carolina General Statutes.
These extensions apply to permitted facilities regardless of construction status, and apply to permits issued to both government and non-government entities.
Permits and approvals issued by the Division of Water Quality that come under this law are listed below under the administering program. Please view the administrative website (link provided) for more information on the specific programs or contact the contact representative directly.
The session law suspends the permit or approval clock during the period Jan. 1, 2008 through Dec. 31, 2010.
Permits issued prior to Jan. 1, 2008 and valid between Jan. 1, 2008 and Dec. 31, 2010 have been extended for three years. For example, a permit effective from May 5, 2005 through April 30, 2010 is extended until April 30, 2013.
Permits and approvals that were renewed between January 1, 2008 and Aug. 2009 - the effective date of the law - have also been extended for three years. For example, a permit renewed on May 5, 2005 and effective until April 30, 2010 is extended until April 30, 2013.
New permits and approvals issued between Jan. 1, 2008 and Dec. 31, 2010 will have an expiration date that is extended for the amount of time the permit has been active between Jan. 1, 2008 and Dec. 31, 2010. For example, a new permit issued on May 5, 2009 that usually has a five-year permit limit will have an expiration date of Dec. 31, 2015. This reflects the 20 months the permit was active prior to the end of 2010.
While the examples given above are for five-year permits, some of the permits and approvals affected by the law are effective for different durations.