New Jersey Statewide Stormwater, Flood Hazard and Wetlands Programs

New Jersey Statewide Stormwater, Flood Hazard and Wetlands Programs

Authorities Federal Clean Water Act NJ Water Pollution Control Act NJ Stormwater Management Act Soil Erosion and Sediment Control Act Residential Site Improvement Standards Act Water Quality Planning Act Freshwater Wetlands Protection Act Water Quality Planning Act Coastal Area Facilities Review Act Dam Safety Act Flood Hazard Area Control Act Municipal Land Use Law Waterfront Development Act

DEP Units Involved Division of Water Quality Division of Watershed Management Water Compliance and Enforcement Land Use Compliance and Enforcement Division of Land Use Regulation Office of Communications Office of Legislature Affairs Water Monitoring and Standards Division of Science, Research & Technology

External Agencies Involved Environmental Infrastructure Trust Department of Agriculture Department of Community Affairs Department of Transportation Meadowlands Commission Pinelands Commission D & R Canal Commission Municipal Planning Boards

Permitting NJPDES Industrial Stormwater Permits NJPDES Municipal Stormwater Permits NJPDES Construction Permits Wetlands Permits Stream Encroachment Permits Coastal Permits

Stormwater Rules: NJPDES & Stormwater Management USEPA adopted NPDES rules in 1999 to address municipal stormwater concerns. All delegated states and EPA Regions are implementing the program at same time. DEP promulgated two rules in 2004 NJPDES Stormwater and Stormwater Management Rule. DEP also issued four General Permits to regulate most of the State.

Stormwater Permits - Who Is Regulated? Existing Development (Ongoing basis through NJPDES) 2,754 Industrial Facilities 558 Municipalities 73 County, State, Federal, and University Public Complexes 33 State, Interstate, and County Highway Agencies New Development ~ 2,000 NJPDES Construction Permits/Year ~ 1000 Land Use Permits/Year

New Development Regulatory Consistency NJPDES & Stormwater Management Rules NJPDES Municipal Stormwater Permits Residential Site Improvement Standards (RSIS) NJDEP Land Use Regulation Permits Municipal Stormwater Plans & Ordinances NJPDES Construction Permit/ Soil Conservation Districts

New Development Requirements Municipal, RSIS, Land Use, NJPDES Construction Permit Statewide requirements Nonstructural SWM strategies Groundwater Recharge Quantity Control for Flooding & Erosion Quality Control Special Protection Measures for C1 Construction controls for soil erosion and other concerns Municipal Stormwater Management Plans and Ordinances

Existing Development Requirements Street sweeping New storm drain inlets and retrofits Stormwater facility maintenance De-icing material storage Maintenance yard operations Fueling, good housekeeping and employee training Local Ordinances Litter, Pet Waste, Waste Disposal, Yard Waste, Illicit Connections, Wildlife Feeding Road erosion control Outfall pipe stream scouring Illicit connection elimination Vehicle washing facilities

Education and Outreach NJDEP Clean Water NJ Local public education Brochures Yearly education event DEP Outreach Presentations Mailings Website Commercials (videos)

Flood Hazard Rules Flood Hazard Area A flood hazard area exists along every regulated water that has a drainage area of 50 acres or more. The Flood Hazard Area is composed of the Floodway and the Flood Fringe. The Floodway is 0.2 ft above 100 Year Flood Zone.

Riparian Zone & SWRPA Measures 50, 150 or 300 ft from a regulated water. 150 ft for Trout Production, Trout Maintenance, T& E Habitat, Acid Soils 300 ft. Along a Category 1 Waterway and upstream tributaries within the same HUC-14 watershed. 50 ft. for all other waters. SWRPA similar to Riparian Zone but only applies if project is major development and if on a USGS Quad or Soil Survey.

Regulated Activities in Riparian Zone The alteration of topography through excavation, grading and/or placement of fill; The clearing, cutting and/or removal of vegetation in a riparian zone; The creation of impervious surface; The storage of unsecured material; The construction, reconstruction and/or enlargement of a structure; and The conversion of a building into a private residence or a public building.

Wetlands Rules Identifying Wetlands Three part parameter approach: Hydrology Vegetation Soils NJDEP s Official Determination Of Regulated Areas Letters of Interpretation (LOI) Line Delineation Presence/Absence Letter Line Verification LOIs are valid for 5 years from the date of Issuance

Types of Wetlands Ordinary Isolated wetlands < 5,000 SF and more than 50% of the area within 50 is disturbed Drainage ditches and swales Stormwater Basins No Transition Area is required Exceptional Presence or suitable habitat for Threatened or Endangered Species Hydrologically connected to Trout Production waters 150 Transition Area Required Intermediate Wetlands that are neither Ordinary nor Exceptional 50 Transition Area Required

Wetlands Regulated Activities Activities Removal/disturbance of soil Drainage/disturbance of the water level Erection of Structures Addition of pavement Disturbance of Vegetation Exemptions are allowed for some farm and forestry related activities Regulation General Permits (some of these include TAWs) Individual Permits (some of these include TAWs) Transition Area Waivers (TAW) If a project is a major development and requires a General or Individual Permit, it must meet the Stormwater Rule at N.J.A.C. 7:8

General and Individual Permits Approximately two dozen General Permits. General Permits have varying parameters for allowable disturbances. Disturbances which exceed the General Permit threshold require an Individual Permit. Permits are valid for 5 years from the date of issuance.

Where Can Development Go?

How Do Environmental Commissions Fit Into Stormwater Reviews? Research, compile and direct studies, including environmental resource inventories, water studies, energy audits and conservation easement inventories; Review development proposals and promote long-range environmental planning based on the capacity of the land and natural resources; Inventory, plan and preserve open space; Inform residents through educational programs, displays, publications and meetings; Work with neighboring commissions and other organizations to address regional and statewide environmental problems. *

What Can You Do? Understand the site planning process and the identification of environmental issues. Understand critical elements of stormwater management with regard to new and re-development. Understand the basics of DEP regulation and permit process to guide planning and zoning board decisions. Review site plans with a careful eye towards these issues. Educate the community about stormwater, flooding and wetlands protection.

Barry Chalofsky, P.P. Environmental and Land Use Planning 29 Pine Knoll Drive Lawrenceville, NJ 08648 For More Information go to www.bchalofassociates.com or call 609-883-8053