GREEN strongINFRASTRUCTUREstrong IN THE STATE OF NEW JERSEY - njfuture.org.pdf

GREEN INFRASTRUCTURE IN THE STATE OF NEW JERSEY Statutory and Regulatory Barriers to Green Infrastructure Implementation Prepared by Carolyn Worstell for New Jersey Future January 2013 November 2012 Table of Contents Acknowledgements Statement of Purpose 2 Executive Summary3 Introduction 4 I. Stormwater Management Regulatory Framework in New Jersey5 Figure 1. “How It Works” – New Jersey Stormwater Management Regulatory Framework 10 Figure 2. Regulatory Triggers of SWM Rules in Tier A MS4 Municipalities 11 Figure 3. Regulatory Triggers of SWM Rules in Tier A MS4 Municipalities 12 Figure 4. What the SWM Rules mean for Developers and Municipalities 12 II. Role of Green Infrastructure in New Jersey Stormwater Regulations 13 III. Statutory and Regulatory Barriers to Green Infrastructure in New Jersey 15 1. Poorly implemented Municipal Stormwater Management Plan adoption process 15 2. Dysfunctional program for regional stormwater management plans 16 3. No authorization to charge for stormwater generation 17 4. Lack of state and local enforcement of stormwater management rules 18 5. Limited regulatory jurisdiction over already-developed areas 19 6. Splintered or incomplete state-level design guidelines for GI 20 7. Lack of integration among local, state and regional governmental entities 21 IV. Combined Sewer Systems (CSS) Special Issues 22 1. CSO Watersheds 23 Conclusion 23 Works Cited 25 Green Infrastructure Page 1 of 27