Chapter 11-56

Chapter 056

2011 -- H 5389

Enacted 06/08/11

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

Introduced By: Representatives San Bento, Brien, and Gallison

Date Introduced: February 16, 2011

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-17.1-2.5 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

42-17.1-2.5. Tolling of expiration periods. -- (a) Notwithstanding any other provision

set forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

pursuant to any state statute or any regulation promulgated thereto pertaining to the development

of property shall be tolled until June 30, ~~2011~~ 2013. For the purposes of this section, "tolling"

means the suspension or temporary stopping of the running of the applicable permit or approval

period.

(b) Said tolling need not be recorded in the land evidence records to be valid; however, a

notice of the tolling must be posted in the municipal planning department and near the land

evidence records.

and those issued between November 9, 2009 and June 30, ~~2011~~ 2013 and shall not revive expired

approvals or permits.

(d) The expiration dates for all permits and approvals issued before the tolling period

began will be recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between

November 9, 2009 and the day on which the permit or approval would otherwise have expired.

The expiration dates for all permits and approvals issued during the tolling period will be

recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between the day the

permit or approval was issued and the day the permit or approval otherwise would have expired.

SECTION 2. Section 45-23-63.1 of the General Laws in Chapter 45-23 entitled

"Subdivision of Land" is hereby amended to read as follows:

45-23-63.1. Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any

other provision set forth in this chapter, all periods pertaining to the expiration of any approval

issued pursuant to the local regulations promulgated under this chapter shall be tolled until June

30, ~~2011~~ 2013. For the purposes of this section, "tolling" shall mean the suspension or temporary

stopping of the running of the applicable permit or approval period.

(b) Said tolling need not be recorded in the land evidence records to be valid; however, a

notice of the tolling must be posted in the municipal planning department and near the land

evidence records.

and those issued between November 9, 2009 and June 30, ~~2011~~ 2013, and shall not revive expired

approvals.

(d) The expiration dates for all permits and approvals issued before the tolling period

began will be recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between

November 9, 2009 and the day on which the permit or approval would otherwise have expired.

The expiration dates for all permits and approvals issued during the tolling period will be

recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between the day the

permit or approval was issued and the day the permit or approval otherwise would have expired.

SECTION 3. Section 45-24-61.1 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

45-24-61.1. Procedure -- Tolling of expiration periods. -- (a) Notwithstanding any

other provision set forth in this chapter, all periods pertaining to the expiration of any approval

issued pursuant to the local ordinances promulgated under this chapter shall be tolled until June

30, ~~2011~~ 2013. For the purposes of this section, "tolling" shall mean the suspension or temporary

stopping of the running of the applicable permit or approval period.

(b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in the municipal planning department, and near the land

evidence records.

and those issued between November 9, 2009 and June 30, ~~2011~~ 2013 and shall not revive expired

approvals.

(d) The expiration dates for all permits and approvals issued before the tolling period

began will be recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between

November 9, 2009 and the day on which the permit or approval would otherwise have expired.

The expiration dates for all permits and approvals issued during the tolling period will be

recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between the day the

permit or approval was issued and the day the permit or approval otherwise would have expired.

SECTION 4. Section 46-23-6.3 of the General Laws in Chapter 46-23 entitled "Coastal

Resources Management Council" is hereby amended to read as follows:

46-23-6.3. Tolling of expiration periods. -- (a) Notwithstanding any other provision set

forth in this chapter, all periods pertaining to the expiration of any approval or permit issued

pursuant to any state statute or any regulation promulgated thereto pertaining to the development

of property shall be tolled until June 30, ~~2011~~ 2013. For the purposes of this section, "tolling"

means the suspension or temporary stopping of the running of the applicable permit or approval

period.

(b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in the municipal planning department and near the land

evidence records.

and those issued between November 9, 2009 and June 30, ~~2011~~ 2013, and shall not revive expired

approvals or permits.

(d) The expiration dates for all permits and approvals issued before the tolling period

began will be recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between

November 9, 2009 and the day on which the permit or approval would otherwise have expired.

The expiration dates for all permits and approvals issued during the tolling period will be

recalculated as of July 1, ~~2011~~ 2013 by adding thereto the number of days between the day the

permit or approval was issued and the day the permit or approval otherwise would have expired.

SECTION 5. This act shall take effect upon passage and shall apply to approvals and

permits in effect on November 9, 2009, and those issued between November 9, 2009 and June 30,

2013, and shall not revive any expired approval or permit.

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LC01056

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