addition to the tolled period. The provisions of this subsection
shall apply to the expiration of a building permit or other
permit issued by a political subdivision. The following shall
apply:
(1) Within 30 days after the termination of the
declaration of disaster emergency, the holder of a permit or
other authorization shall notify the issuing authority of the
intent to exercise the tolling and extension granted under
this subsection. The notice must be in writing and identify
the specific permit qualifying for extension.
(2) This subsection shall not apply to:
(i) A permit for a building, improvement or
development located outside the geographic area for which
the declaration of disaster emergency applies.
(ii) A permit under any programmatic or regional
general permit issued by the Army Corps of Engineers.
(iii) The holder of a permit who is determined by
the authorizing agency to be in significant noncompliance
with the conditions of the permit through the issuance of
a warning letter or notice of violation, the initiation
of formal enforcement or equivalent action.
(iv) A permit or other authorization that is subject
to a court order specifying an expiration date that would
be in conflict with the extensions granted in this
section.
(3) A permit that is extended shall be governed by the
laws, administrative rules and ordinances in effect when the
permit was issued, unless any party or the issuing authority
demonstrates that operating under those laws, administrative
rules or ordinances will create an immediate threat to public
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