Proposals would extend local permits

The commercial real estate industry is pushing legislative proposals to extend all local land use and environmental permits by as much as three years.

Earlier this month, the Senate passed a three-year extension as part of an omnibus economic development bill (S. 2380, Section 122). A similar measure in the House (H. 3647) would extend the local permits for two years. Both bills are currently before the House Committee on Ways and Means.

The Senate bill would apply the extensions to local permits granted between Jan. 1, 2008, and Jan. 1, 2011. The House bill would apply extensions to all permits granted between Jan. 1, 2008, and Jan. 1, 2010.

Proponents argue that the bill would preserve actions taken by state and local permitting authorities and would allow shovel-ready projects to move forward once the economy starts to turn around.

The MMA’s Policy Committee on Municipal and Regional Administration voted not to support the permit-extension proposals, primarily because local permitting authorities already have the authority to grant extensions under state law, and the proposals before the Legislature would preempt this local authority.

The MMA policy committee also noted that local health and public safety codes and other conditions may change after the initial granting of a permit, so the local permit-granting authority should maintain the ability to seek further review and re-approve land use and environmental permits.

• MMA letter to House opposing land-use permit extension bill