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Posted on: March 22, 2022

Proposed Rule Change Would Eliminate Tool Available to Municipalities to Control Flooding

Yesterday, the Site Improvement Advisory Board (SIAB) considered advancing a proposal to amend the Residential Site Improvement Standards (RSIS). However, the SIAB tabled the proposal for further review by their Stormwater subcommittee. The proposed rule change would set the New Jersey Department of Environmental Protection’s (DEP) stormwater standards as the maximum requirements for residential development. Any municipality wishing to exceed this maximum requirement would be required to go through the variation process in the RSIS. The intent of the rule change is to align DEP and RSIS rules and to promote uniform, consistent, and predictable rules statewide.
  
 We believe that this rule proposal would effectively eliminate the ability of municipalities to set more stringent stormwater control standards for their unique circumstances as well as hinder municipalities’ ability to meet state and federal standards, such as the National Flood Insurance Program. New Jersey is a geographically diverse state with municipalities at sea level to 1,803 feet above sea level. A one-size-fits-all approach does not work. 
  
The League along with a number of other stakeholders including the Association of New Jersey Environmental Commissions (ANJEC) oppose this proposal. We urge our members to consider adopting a resolution opposing these rule changes and supporting local flexibility to adopt regulations addressing flooding.
  
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.

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