NJDEP Publishes New Climate Change Rule Proposal
Substantial changes to NJDEP’s use Coastal, Flood Hazard, Wetland and Stormwater regulatory programs are coming that will severely impact proposed and existing development. NJDEP published its Protecting Against Climate Threats (PACT) Resilient Environments and Landscapes (REAL) rule in the August 5, 2024 New Jersey Register and has up to a year to adopt the proposed amendments. […]
PACT Flood Hazard & Stormwater Management Rules Update
Updating our prior alerts regarding the previously published Flood Hazard and Stormwater Protection Against Climate Threats rule proposal, NJDEP has filed the rule for publication of adoption. With this action, it is anticipated that the notice of adoption will be published in either the July 3 or July 17 New Jersey Register, and the amended rules will […]
Revised Flood Hazard Area Control Act & Stormwater Rules to be Proposed on December 2, 2022
The New Jersey Department of Environmental Protection (“DEP”) has pre-released proposed amendments to its flood hazard and stormwater management rules. These amendments relate only to fluvial flood hazard areas, and are being proposed by DEP in place of the emergency flood hazard rules that were anticipated, but never released, in June 2022. DEP will proceed with formal […]
Clock Starts on DEP Stormwater Management Green Infrastructure Rule
DEP published its Green Infrastructure Stormwater Rule in the New Jersey Register on March 2, 2020. The amendments followed an extended public stakeholder and internal review process spanning several years. The amended rules replace the nonstructural stormwater management strategies provisions of the prior rules, which were subjective and often led to inconsistent results, with specific […]
NJDEP Stormwater Rules – NSPS Thrown Out
The Appellate Division of Superior Court has invalidated the use of the point system to determine compliance with low-impact development requirements of the NJDEP Stormwater Rules. The reason for invalidating the point system is because it was not adopted as a rule and it should have been under the Administrative Procedures Act. Therefore, you can […]
EPA Backpedals on Stormwater Rule
The United States Environmental Protection Agency (EPA) has recently agreed to withdraw its proposal to impose numeric limits on the amount of sediment in stormwater that runs off a construction site. In December 2009, EPA issued Effluent Limitation Guidelines (ELGs) for the construction and development industry, which established the minimum technology required to control the […]
Court Reaffirms “Reasonable Use Rule”
New Jersey has long followed the “reasonable use rule” in cases where one landowner sues another for diverting or discharging stormwater that allegedly causes flooding. In the 1956 case of Armstrong v. Francis Corp., the New Jersey Supreme Court held that one owning or occupying land “is legally privileged to make reasonable use of his […]
Opportunity For Stakeholder Input Regarding Stormwarter and Flood Hazard Rules
NJDEP has provided the opportunity for stakeholder input with regard to its Stormwater and Flood Hazard Area Rules. One major change which is being contemplated is the elimination of the Special Water Resource Protection Area under the Stormwater Rules (the 300-Foot Buffer) and incorporating that concept into the Flood Hazard Area Rules. With respect to […]
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