DEP has adopted new Inland Flood and Stormwater rules effective upon publication in either the July 3, 2023 or July 17, 2023 New Jersey Register. We will post an update when the exact date is known. A courtesy copy of the rule adoption document can be found here.

As summarized in our June 3, 2022 post regarding the initial proposals, anyone with a pending or planned project that involves either an area near a non-tidal river or stream or a project that is subject to DEP’s stormwater rules, will likely need to reassess the scope of the project if approvals are pending.

After extensive comments from the regulated community were received, the Department revised the various “grandfather” provisions from the initial proposal. The following categories of “activities” would be subject to the current rules: