NJDEP Stormwater Rules – NSPS Thrown Out

September 25, 2013 | No Comments
Posted by Michael J. Gross

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 no longer utilize the point system to determine compliance with the DEP stormwater low-impact development rule. DEP is attempting to determine how it will move forward with reviewing stormwater applications as it relates to low-impact development and we will keep you advised of its decision.

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