By Mark Nix, Executive Director, HBASC

In 2008 HBASC helped to pass the permit extension law. This law called for a pause, time-out, or stay of all existing development permits issued between January 1, 2008, and December 31, 2012. In essence the clock stopped on all applicable expired or existing permits until December 31, 2012. On January 1, 2013, the clock starts ticking again. For example, if a development permit had expired on December 31, 2009, it is now renewed and valid until December 31, 2012.

Permits included in this “pause” period include land disturbance, storm water, coastal zone consistency certificates, water/waste water permits, 401 water quality certification, OCRM critical area permits, DHEC air quality, site specific development plans, and building permits.

Permits excluded from this “pause” period, include a number of federal permits and administrative consent orders. The law allows a government entity to revoke or modify a development approval as permitted by law, and it has no effect on Certificate of Need or Demonstration of Need certificates issued by DHEC.

The extension of the “time-out” may be one of our issues for the 2013 legislative session, but it is important to plan now for the expiration of any permits on December 31 that were extended by this law.