It’s Official: NJDEP’s Stormwater Rule Changes Published in the New Jersey Register

March 2nd, 2020 by Louise Wilson

On March 2, important changes to the state’s stormwater management rules (NJAC 7:8) were published in the New Jersey Register. Access the amended rules.

These amendments to the stormwater rules have been in the works for years. They include a requirement that green infrastructure must be used to meet stormwater management standards for water quality, groundwater recharge and quantity control. This new requirement replaces a requirement that major developments incorporate non-structural stormwater management strategies “to the maximum extent practicable.” Over time, the “maximum extent practicable” standard proved ineffective.

The rules published today appear to be substantively identical to what was proposed in December of 2018. A 12 month implementation period begins today.

In addition to the new rule language, DEP is updating key chapters of its Stormwater Best Management Practices (BMP) Manual and soon will make available a sample ordinance, which municipalities can use as a reference to ensure that required updates to municipal stormwater ordinances meet, at a minimum, the state’s new requirements.

In the coming weeks, New Jersey Future will update the Green Infrastructure Municipal Toolkit and the Developers Green Infrastructure Guide to reflect new rule requirements and related resources. Stay tuned!