This week, the Governor issued Executive Order: 7JJ (3): THE TOLLING OF LAND USE AND BUILDING PERMITS. This Executive Order extends the period of validity of approval or permits issued by a municipal land use agency or building official so they do not expire during the state of emergency. It does not preclude a permit holder from requesting an extension of same during the state of emergency. Further, it does not protect permits whose holder was in violation of terms and conditions of said approval as of March 20, 2020 or who violates such terms during the state of emergency. The body of the EO is provided below for reference.
Tolling of Land Use and Building Permits
In order to ensure that land use and building permit holders may continue to diligently pursue permitted activities after the state of emergency, an approval or permit issued by a municipal land use agency or official pursuant to the “Covered Laws” as defined in Section 19 of Executive Order 7I, or by a municipal building official pursuant to Connecticut General Statutes Chapter 541 and valid as of March 10, 2020, shall not lapse or otherwise expire during the state of emergency, and the expiration date of the approval shall toll during the state of emergency. To the extent that any such approval contains or is subject to conditions, the agency or official may waive such conditions if an approval holder is not able to abide by the conditions as a result of the COVID-19 pandemic or protective measures taken in response to it, provided that such waiver shall not be unreasonably withheld. This section shall not apply to an approval or permit whose holder was in violation of the terms and conditions of the approval as of March 10, 2020 or who violates such terms and conditions during the state of emergency.
We are here to support you in this challenging and rapidly evolving time. We are happy to discuss this Order with you at your convenience and answer any questions you have. Please do not hesitate to reach out to us.
Deborah R. Brancato
(203) 252-2648; dbrancato@carmodylaw.com
Liam S. Burke
(203) 252-2689; lburke@carmodylaw.com
Gregg T. Burton
(203) 784-3173; gburton@carmodylaw.com
Maureen Danehy Cox
(203) 575-2642; mcox@carmodylaw.com
Marianne Barbino Dubuque
(203) 578-4218; mdubuque@carmodylaw.com
Lisa L. Feinberg
(203) 252-2677; lfeinberg@carmodylaw.com
Patrick J. Hanna
(203) 252-2667; phanna@carmodylaw.com
William J. Hennessey Jr.
(203) 425-4200; whennessey@carmodylaw.com
Jeffrey R. Houle
(203) 252-2646; jhoule@carmodylaw.com
Jacqueline O. Kaufman
(203) 252-2665; jkaufman@carmodylaw.com
Jason A. Klein
(203) 252-2669; jklein@carmodylaw.com
Gary S. Klein
(203) 252-2696; gklein@carmodylaw.com
Meaghan M. Miles
(203) 252-2642; mmiles@carmodylaw.com
M. Anne Peters
(203) 575-2647; apeters@carmodylaw.com
Christopher J. Rooney
(203) 784-3109; crooney@carmodylaw.com
Elizabeth A. B. Suchy
(203) 252-2656; esuchy@carmodylaw.com
Michael P. Sweeney
(203) 252-2690; msweeney@carmodylaw.com
Jennifer Sills Yoxall
(203) 575-2603; jyoxall@carmodylaw.com
Ann H. Zucker
(203) 252-2652; azucker@carmodylaw.com