Permit Tolling Statute: Effect on Expiration Dates
Tolling is the suspension of time for certain permits issued by DEM, having the effect of automatically extending the period of validity of such permits. The Tolling Statute, RI General Law 42-17.1-2.5, was amended June 19,15 to further extend the tolling period which now runs from November 9, 2009 to June 30, 2016. The complete text of the Tolling legislation can be viewed on the RI General Assembly website. The law also affects the expiration date of permits issued after the tolling period began.
Applicable permits and decisions issued by the DEM Office of Water Resources which are affected by the Tolling Statute are those related to development of property only. They include the following programs:
OWTS Program (Septic Systems):
- New Building Construction, Alteration Applications, System Suitability Determinations, and Subdivision Suitability Determinations.
- Five year OWTS permits issued on or after November 9, 2009 up through June 30, 2016 are now valid until July 1, 2021.
- Rule 42.2 - Expiration of Permit Start of Construction: A start of construction continues to extend permit expiration as specified in rule. Note the exception in 42.2.2 Permits for which a valid construction start was received between November 10, 2008 and November 9, 2009. These applicants have until June 30, 2016 to complete construction.
Freshwater Wetlands Program:
- Most Preliminary Determinations and Applications to Alter.
- The extensions apply to non-jurisdiction application decisions as well for projects related to property development.
- Four year permits or decisions issued on or after November 9, 2009 up through June 30, 2016 are now valid until July 1, 2020.
- One year permits or decisions issued on or after November 9, 2009 up through June 30, 2016 expire on July 1, 2017.
Water Quality Certification Program:
- Permits issued on or after November 9, 2006 and other permits now valid until July 1, 2019.
Groundwater Discharge Program:
- Permits issued before July 12, 2012 have no expiration.
- Permits for stormwater discharges issued on or after July 12, 2012 - June 30, 2016 expire on July 1, 2020.
- Permits for non-stormwater discharges issued on or after July 12, 2012 - June 30, 2016 expire on July 1, 2021.
No action is required on the part of applicants to extend the expiration date. The extension is automatic. See the table for a listing of the new expiration dates that apply to affected permits. In order to receive a written confirmation of the new expiration date (and have that appear in the DEM Permit database where applicable), applicants must fill-out and submit the Permit Tolling Expiration Date Change Form. Our file records will be updated when the form is executed by DEM. The applicant will receive a copy of the executed form.
Should you have any questions, please call Linda Washington at 222-4700 Ext. 7718, or the person who issued the permit in the applicable program office.