Do the Stormwater Management Rules establish a new regulatory program?
No. The Stormwater Management rules set forth the stormwater management design and performance standards to be applied under other existing regulatory programs. The regulatory programs that apply these rules are local approvals under the Municipal Land Use Law, and the Department’s Division of Land Use Regulation permits under the Flood Hazard Area Control Act, Freshwater Wetlands Protection Act, Coastal Area Facilities Review Act (CAFRA), the Coastal Wetlands Act of 1970, the Highlands Water Protection and Planning Act and the Waterfront and Harbor Facilities Act (Waterfront Development). The rules do not expand or create new jurisdiction for these existing permit and approval processes; rather they establish certain environmental performance standards to be met once the requirements of the rules have been triggered by a development proposal or permit application.
