Stormwater Management
New Jersey Department of Environmental Protection’s (NJDEP’s) Stormwater and Nonpoint Pollution Regulations and Programs
As part of New Jersey’s compliance with federally mandated requirements, the NJDEP’s 2004 stormwater regulations (NJAC 7.8) aim to reduce flooding and nonpoint water source pollution through stormwater management.
State Requirements for Municipalities
The New Jersey Department of Environmental Protection (NJDEP) stormwater rules adopted in 2004 require municipalities, most public colleges and universities, county, state, interstate and federal public complexes and transportation agencies to file a Request for Authorization for permits to cover stormwater discharges from storm sewers.
The regulations divide New Jersey’s municipalities into two groups: Tier A towns that have at least 1,000 people per square mile and a population of at least 10,000; and Tier B towns that have less than 1,000 people per square mile and a population less than 10,000.
NJDEP’s Bureau of Nonpoint Pollution Control offers Guidance Documents for Tier A and Tier B towns including information on
- Stormwater pollution prevention plan,
- Model stormwater control ordinances,
- Groundwater recharge spreadsheets,
- Educational information and brochures.
A requirement on the use of non-structural stormwater
management techniques, including minimizing disturbance, minimizing impervious
surfaces, minimizing the use of stormwater pipes, preserving natural drainage
features etc. helps protect stormwater quality. (See ANJEC Report’s
article, Spring 2006, page 6, Stormwater
Best Management Practices in Site Plan and Subdivision Review (
1.2mb).)
To keep stormwater clean, NJDEP divides requirements into:
Permitting for Existing Development
Today, the state law and regulations require municipalities to put together
a Stormwater Pollution Prevention Plan, (see
a sample plan prepared by NJDEP) to prevent pollution. The Tier
A Municipal Matrix shows that the regulations require each municipality
to develop, implement and enforce a Stormwater Program. The municipality
must accomplish the following required tasks:
- Map and monitor existing stormwater outfalls;
- Pass ordinances;
- Initiate good housekeeping practices for public work yards, streets, stormwater conveyance system;
- Control solids and floatables by street sweeping, stormwater facility maintenance, litter control, pet and wildlife waste control.
- Public education by making information available at annual town events.
Management for New Development
State laws and regulations require towns to adopt a Stormwater Management Plan and ordinances to manage stormwater runoff from new development. New developments are required to
- Infiltrate stormwater into the ground, where possible;
- Strictly control post-development stormwater quality;
- Continue to manage stormwater volume through controlling the rate of runoff;
- Use non-structural Best Management Practices;
- Have a 300-foot buffer on either side of Category 1 water bodies and tributaries within their sub-watershed drainage boundaries. Such water bodies are to be protected from changes in water quality including measurable or calculable changes.
Exemptions
The current regulations also put in place strict limitations on project exemptions. Development projects are exempt from the new standards only if they obtained local approvals by February 2, 2004, AND need no New Jersey Department of Environmental Protection (NJDEP) permit.
Development projects that require NJDEP permits for wetlands, stream encroachment, Coastal Area Facility Review Act (CAFRA) or waterfront development are exempt only if they received the NJDEP permit(s) by February 2, 2004, and have a stormwater component.
Schools are not exempt. The stormwater management regulations (NJAC 7:8) require conformance for any government development that disturbs one or more acres or increases impervious surface by ¼ acre or more even if approval is not required by the Municipal Land Use Law (NJSA 40:55D-1 et seq).
If you have questions email ANJEC at resourcecenter@anjec.org or call us at (973) 539-7547.
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