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February 23, 2021

New Stormwater Rules and Guidelines in New Jersey

By Partner ESI

WHAT DEVELOPERS NEED TO KNOW

If you’ve had a development project in the State of New Jersey over the past year, the new stormwater regulations have been looming large over your plans. Effective on March 2, 2021, these new regulations could drastically alter the design, permitting and construction of your project. Creative thinking and an understanding of these new rules could be the key to staying on schedule, on budget and ultimately having a successful project.

The revised rules require the use of green infrastructure practices for stormwater management standards for water quality, water quantity control, and groundwater recharge. Green infrastructure is defined as practices that use or imitates a natural means to capture, filter, absorb, and/or reuse stormwater. These “best management practices” (BMP) could include grass swales, green roofs, cisterns, infiltration basins, bioretention, sand filter, pervious pavement system, and/or constructed wetlands.

In addition, the new requirement replaces the previous requirement which calls for major developments to incorporate non-structural stormwater management strategies to the “maximum extent practicable”. It now enforces an objective, not subjective, standard that requires that stormwater management features be distributed throughout a site rather than a large centralized basin.

While this initiative is ultimately to prevent pollution in waterways and reduce flooding, it may be seen as a challenge for current and future construction projects. Here are some “best practices” to avoid delays and keep your project compliant with these new regulations:

  • Involve all parties in the project from the beginning (this includes all engineers, architects, contractors, developers and/or owners)
  • Conduct a thorough analysis of the current site conditions (soil conditions, presences of or missing vegetation, erosion, clogged or poorly maintained stormwater management features)
  • Include green infrastructure design consideration (with their benefits) when creating concept plans
  • Consider starting the permitting early in the process The best way to ensure that your designs and permitting are done in accordance with these new regulations is to have an informed and experienced engineer on your project team.

The best way to ensure that your designs and permitting are done in accordance with these new regulations is to have an informed and experienced engineer on your project team.

About the Authors

Partner ESI

Partner ESI

Founded in 2007, Partner Engineering and Science Inc., is the leading provider of engineering, environmental, energy, and construction consulting for the commercial real estate (CRE) industry. Touching 1 in 5 CRE transactions in the U.S., Partner is widely recognized as the largest and best provider of third-party physical due diligence reports, including Phase I Environmental Site Assessments, Property Condition Assessments, Seismic Risk Assessments, Zoning Reports, ALTA Land Title Surveys, and Construction Risk Management. Partner’s connectedness to the CRE market gives it an unparalleled view into CRE trends and risk management insights. Partner also provides a full suite of consulting services to support the entire real estate lifecycle, including: Geotechnical Consulting; Building Systems Consulting; Capital Management and Project Implementation Support; Environmental Health & Safety Consulting; Energy, Sustainability & Resilience Consulting; and Site Civil Engineering. With a responsive approach scaled for speed and agility, Partner helps clients manage risk, make smart investments, optimize asset performance, and win at their real estate investment strategies. Based in Torrance, Calif., Partner has over 1,400 employees in 40 offices around the globe.

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