The Governor of New Jersey recently signed into law the Clean Stormwater and Flood Reduction Act – A2694/S1073 that allows municipalities to establish stormwater utilities which will oversee and manage stormwater runoff. Just as with other public utilities that provide critical services like natural gas, electric, and water, a stormwater utility adds another layer of regulation and expense to property ownership and development.

As stormwater management professionals, Bohler’s up to date with the new law. Here’s what you need to know:

The role of the stormwater utility

Utilities created under the new law will be charged with overseeing and better managing stormwater runoff. To improve and maintain public stormwater systems, utilities have the authority to mandate fees to recover the cost.

How this could affect your existing property or future development

If the local jurisdiction elects to implement a stormwater utility, property owners will be subject to an assessed utility fee if their ‘real property’ contributes stormwater runoff to the public stormwater systems. Though the actual financial impact of this is still to be determined, as the law does not clearly define ‘real property,’ it does add another line item to properties’ overall cost.  In addition, developers could face a separate application and permit for both new and current projects.

How to navigate the unknowns

Now that the bill has been signed, jurisdictions have the green light to develop stormwater utilities and their own regulatory criteria. Engaging a New Jersey stormwater management professional who is up to speed on the current changes in each municipality can assist in understanding and evaluating your potential obligations, enabling you to better plan for the future.


Questions? Contact our New Jersey teams today.