New Jersey Zoning Watch

On May 21, 2007, the New Jersey Department of Environmental Protection (“NJDEP”) published proposed amendments to its Water Quality Management Planning (“WQMP”) rules, N.J.A.C. 7:15 et. seq.  The NJDEP administers the WQMP rules as part of the “continuing planning process” required by the Federal Clean Water Act and the New Jersey Water Quality Planning Act.  The WQMP rules serve two basic functions.  First, the WQMP rules establish the Department’s general regulatory framework for water quality/water resource planning.  Second, the WQMP rules supplement other NJDEP rules pertaining to wastewater management.  The proposed amendments to the WQMP rules are extensive in nature and would significantly modify the existing regulatory scheme.  Critical amendments include: (1) withdrawal and re-designation of general wastewater service area where the applicable wastewater management plan (WMP) is not in compliance with the mandatory update schedule contained in the rules; (2) reassignment of wastewater management planning responsibility to the County Boards of Chosen Freeholders; (3) increased consistency requirements with WQM plans; (4) new criteria to delineate sewer service areas; (5) a requirement that municipalities pass an ordinance designed to assure septic maintenance; and (6) a requirement that updated WMPs address septic density in a manner that demonstrates compliance with a 2 mg/L (ppm) nitrate planning target.

If adopted, the proposed WQMP amendments would significantly impact property owners and future development in New Jersey.  A primary purpose of the proposed regulations is to compel responsible WMP agencies to amend their WMPs in accordance with the new regulations.  Withdrawal and re-designation of a general wastewater service area would result in that area becoming designated as a septic area with planning flows of 2000 GPD or less.  This “penalty” would adversely affect landowners and developers by significantly curtailing the ability to develop property.  However, no direct consequences are proposed for the responsible WQM agency.  Furthermore, by significantly increasing the standards for formal consistency review and the delineation of sewer service areas, the NJDEP will be increasing the regulatory burdens on many property owners and have the potential to further restrict the ability to develop subject properties.

The NJDEP is accepting public comments concerning the proposed rules until July 20, 2007.  In addition, the NJDEP has scheduled several public hearings on the proposed regulations.