On March 18, 2020, the Appellate Division affirmed the Department of Environmental Protection’s November 9, 2017 decision to renew the Tier A municipal separate storm sewer system (MS4) general permit. (Delaware Riverkeeper Network v. NJDEP, Dkt. A-1821-17T3.) Stormwater discharges must be permitted by DEP. General permits streamline the permitting process by avoiding the

NJDEP has proposed major amendments to the Stormwater Management rules at N.J.A.C. 7:8. (50 N.J.R. 2375(a)).  One of those proposed amendments, if adopted, will prevent or severely limit a developer’s ability to incorporate non-structural stormwater management strategies such as stormwater detention basins in a development. Instead, the developer will be required to utilize “green infrastructure”