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 […]