Connecticut Governor’s Executive Order 7JJ states that building permits “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.” What does that mean?
West’s Encyclopedia of American Law, 2008 defines toll as, “A sum of money paid for the right to use a road, highway, or bridge. To postpone or suspend. For example, to toll a Statute of Limitations means to postpone the running of the time period it specifies.” In a legal sense, it refers to suspending or postponing the effect of something, such as the expiration of a building permit.
A building permit that was active as of March 10, 2020 remained active during the state of emergency. Per Governor’s Executive Order 12B, applicable provisions of Executive Order 7JJ were extended until June 30, 2021.
For example, if a building permit was issued on October 22, 2019, and work had not started, it would have expired six months after the date of issuance per 2018 Connecticut State Building Code. However, under Governor’s Executive Order 7JJ, it remained active during the state of emergency and tolled during that period.
Here is a detailed calculation for new expiration date:
- Permit issued on 10/22/2019
- Permit would have expired on 4/22/2020
- Tolled (clock suspended) during State of emergency from 3/10/2020 to 6/30/2021
- Remaining days to expiration – 3/10/2020 to 4/22/2020 equals 43 days
- New expiration date would be end of emergency (6/30/21) + 43 days = 8/12/2021