On July 6, 2010 Governor Rendell signed The Pennsylvania Permit Extension Act, Act 46 of 2010 into law. The primary purpose of this Act is to grant the automatic extension of certain development permits and other approvals issued by state and local governments. This extension is meant to provide relief to builders and developers who, with current economic conditions, have been unable to proceed with development projects.

This Act has been looked upon both favorably and unfavorably depending on the sector of the industry that is impacated, public or private. Since the Act is relatively new, it is unclear how it will exactly be applied. If you need clarification of the implications regarding a specific project or procedure you should seek advice from your legal counsel. In the meantime, highlights of the Act include:

• Any expiration date for approvals by the Commonwealth, government agencies or municipalities that would have fallen between December 31, 2008 and July 2, 2013, whether they were approved before or after December 31, 2008, are automatically extended until July 2, 2013.


• Any permits issued during an "extension period" beginning December 31, 2008 and ending before July 2, 2013, will be automatically extended until July 2, 2013.

What this Act applies to:

• The division of a parcel of land into two or more parcels, including a subdivision or land development as defined in the Pennsylvania Municipalities Planning Code;


• The construction, reconstruction or demolition of a building or other structure;


• Site preparation, including grading, earth moving activities, clearance, excavation, landfill and moving, depositing or storing soil, rock or earth materials;


• A use or change in the use of a building or other structure or change in land use; and


• The right to convert convertible real estate or withdraw able real estate pursuant to 68 Pa. C.S. Pt. II Supt. B (relating to condominiums) or 68 Pa. C.S. Pt. II Subpt. D (relating to planned communities).

What this Act does not apply to:

• Approvals issued to comply with Federal law, which includes National Pollution Discharge Elimination System (NPDES) permits;


• Administrative consent order or other enforcement action relating to an approval that is subject to the Extension Period;


• Approval or benefit under the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act;


• PA One-Call determination or response pursuant to the Underground Utility Line Protection Law;


• Approvals issued by Penn DOT, except for highway occupancy permits upon submission of an application throughout the Extension Period for one-year intervals, subject to modifications based on changed circumstances; and


• Approvals issued by PA DEP in connection with discharges to surface waters or wetlands classified as “high-quality waters” or “exceptional value waters” during construction activities.

For additional information on this Act, please visit the following websites: