March 2, 2021 is the deadline for New Jersey’s municipalities to comply with the new stormwater management ordinances laid out in the New Jersey Stormwater Management Rule (N.J.A.C. 7:8).
The New Jersey Department of Environmental Protection (NJDEP) revised the rule last year to now require construction projects to include green infrastructure in order to meet the three performance criteria that NJDEP sets forth for stormwater management. The new rule gives local governments an opening to revise their existing stormwater management ordinances to better manage flooding and improve compromised water quality.
The rule defines green infrastructure as, “a stormwater management measure that manages stormwater close to its source by: treating stormwater runoff through infiltration into subsoil; treating stormwater runoff through filtration by vegetation or soil; or storing stormwater runoff for reuse.”
The pre-existing rule required that major developments incorporate nonstructural stormwater management BMPs/strategies to the “maximum extent practicable” to meet their criteria. The amended rule not only gives specific suggestions for the kind of BMPs it’s looking for by adding a definition of green infrastructure, but it also makes those BMPs/strategies a requirement for compliance with the rule’s minimum standards. Also included in the rule are tables outlining the application of each type of stormwater BMP.
Another update to the rule is that motor vehicle surfaces are now incorporated into the definition of major development. The amended rule requires these motor vehicle surfaces to have 80% total suspended solids (TSS) removal in order to maintain water quality. These surfaces include standard pavement drive/parking areas and gravel and dirt drive/parking areas, according to the rule. However, the rule does not require water quality control for runoff from other impervious surfaces that are not traveled by automobiles, such as rooftops and sidewalks, or other paved walkway areas.
New Jersey municipalities need to comply with the new standards and the ordinances must be in effect by March 2nd, 2021. To make this transition a bit smoother, NJDEP released a revised Model Ordinance in Appendix D of the NJ Stormwater BMP Manual to act as a sample for municipalities to follow when adopting these new regulations.
The Watershed Institute also drafted its own Model Ordinance to help municipalities go beyond the updated rule and strengthen protections to benefit the environment. The Model Ordinance builds on the state’s baseline requirements with the following enhancements:
- Reduced threshold definition for major development
- Requirement for major developments to treat runoff from all impervious surfaces for water quality
- Requirement for stormwater management for minor development over 250-square-feet
- Stormwater management for redevelopment
- The use of Low Impact Development techniques
- Maintenance reporting requirements
At the end of last year, The Watershed Institute held a webinar about the state’s new Green Infrastructure rule. The webinar, attended by 240 people, included three presentations that provided a detailed look at the NJDEP’s rule updates and the steps needed for local governments to comply.
The presentations, given by the following green infrastructure experts, are available to view in full:
- Princeton Hydro Director of Stormwater Management & Green Infrastructure Dr. Clay Emerson, P.E., CFM. Click here to view Clay’s presentation.
- The Watershed Institute Policy Director Michael Pisauro, Esq. Click here to view Michael’s presentation.
- Council President of the Municipality of Princeton David Cohen. Click here to view David’s presentation.
At Princeton Hydro, we recognize the benefit of green infrastructure and we’ve been incorporating it into our engineering designs since before the term was regularly used in the stormwater lexicon. We’ve been following the rule amendments very closely, and, last year, we developed the following blog to help folks garner a deeper understanding of green infrastructure, interpret the rule updates, and break down the complexities of the stormwater guidelines:
If you have further questions regarding green infrastructure or stormwater utilities, we encourage you to contact us.