How NJ towns are imlementing DEP’s revised stormwater management rules, one year in


 By Sasha Weber, New Jersey Future, June 27th, 2022

It has been just over a year since the New Jersey Department of Environmental Protection’s (NJDEP) 2020 amendment to the Stormwater Management Rule (NJAC 7:8) took effect. Since March 2, 2021, NJ municipalities have been required to utilize green infrastructure—systems that mimic natural hydrologic processes to capture and reuse stormwater—as a stormwater management technique on all new public and private major developments (see our March 2021 article for an overview of the new stormwater rules). Localities carry out these requirements through their Stormwater Control Ordinances.

Once enacted, Stormwater Control Ordinances set a threshold for the size of an individual development project. If the project disturbs more than one acre of land, NJDEP requires that it employ green infrastructure. If it disturbs less than one acre of land, green infrastructure is not required. 

What Constitutes “Above and Beyond?”

In the Enhanced Model Stormwater Ordinance for Municipalities, New Jersey Future (NJF) highlights several steps that municipalities can take to further enhance their Stormwater Control Ordinances and go above and beyond DEP’s requirements.

These recommendations for advancement include redefining the threshold for “Major Development;” adding a definition and requirements for “Minor Development;” requiring stormwater management on existing (not just new) impervious surfaces; requiring infiltration of a specific volume of stormwater onsite, and reducing “maximum contributory drainage areas.” All of these changes would increase the amount of green infrastructure in localities.  

Case Studies

Curious how some municipalities have implemented and/or gone above and beyond NJDEP’s requirements to reap the benefits of green infrastructure? Check out the following case studies to learn how these requirements are put into action. 

Read the full story here

If you liked this post you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Don’t take our word for it, try it free for an entire month. No obligation.

How NJ towns are imlementing DEP’s revised stormwater management rules, one year in Read More »

NJ Governor throttles up offshore wind goal


By Tom Johnson, NJ Spotlight

New Jersey plans to ramp up its reliance on offshore wind, now with a new executive order from Gov. Phil Murphy to increase the state’s goal for building wind farms off the coast.

Murphy, speaking Wednesday at an event in New York City for Climate Week, increased the state’s target of 7,500 megawatts from wind turbines by 2035 to 11,000 MW by 2040. The move underscores the importance of offshore wind in achieving the administration’s transition to a 100% clean-energy economy by mid-century.

“This is an aggressive target, but achievable,’’ Murphy said. At the same time, he announced the release of a Council on the Green Economy study that projected the state can expect an additional 314,886 net jobs over the next 10 years based on current green policies and investment.

Murphy’s executive order increasing offshore wind energy goal

In announcing the increased offshore wind goal, a jump of nearly 50%, Murphy also talked about a further expansion that may be in the offing. The state Board of Public Utilities was directed in the executive order to study the feasibility of raising the target further.

“Offshore wind is the best way to reach New Jersey’s clean renewable energy mandates and Gov. Murphy’s executive order cements the reality that offshore wind will continue to expand over the next decade-plus,’’ said Doug O’Malley, director of Environment New Jersey.

Clean-energy advocates have long pressed the administration to pursue more ambitious offshore wind targets. Murphy has done so before. In 2019, he increased his administration’s original target of having 3,500 MW in the state by 2030 to the 7,500-MW target by 2035.

‘Gov. Murphy’s executive order cements the reality that offshore wind will continue to expand over the next decade plus.’ — Doug O’Malley, Environment New Jersey

So far, the state has approved building 3,700 MW to be generated by three projects off the New Jersey coast, but none yet have been built. The first wind farm is expected to be operating by mid-decade. The state has scheduled a third solicitation seeking to build 1,200 MW in the first quarter of 2023.

Read the full story here

If you liked this post you’ll love our daily environmental newsletter, EnviroPolitics. It’s packed with the latest news, commentary, and legislative updates from New Jersey, Pennsylvania, New York, Delaware…and beyond. Don’t take our word for it, try it free for an entire month. No obligation.

NJ Governor throttles up offshore wind goal Read More »

Stimulating New Jersey’s economy through $90 billion in available private sector capital

Guest Column by Michael Italiano and Brian Davis

New Jersey coastal properties are experiencing more flooding including from accelerating sea level rise.  Battery City in lower Manhattan is constructing $4 billion in protections to prevent a repeat of Hurricane Sandy which forced the closure of buildings
for months, with tenants fleeing to higher ground.  Massachusetts issued about $4 billion in sea level rise flooding protection bonds, Miami Beach and Miami about $1 billion, and San Francisco about $4 billion.

Massive Antarctic and Greenland ice sheets are melting at a record pace adding to the costs with the largest global contributor to sea level rise Thwaites in Antarctica about to collapse as documented by NASA JPL with 25 years of ice-penetrating aerial imagery.  Subsurface ocean waters 3.6ºF above freezing at Thwaite’s base caused “explosive and disturbing” melt as described by NASA,  identifying protections from 2’ minimum of sea level rise flooding by 2030 to preserve commerce and national security as published by 26 news entities:  https://www.theinvadingsea.com/2022/06/16/upgrading-our-building-standards-for-flooding-from-sea-level-rise-will-let-us-finance-resilient-construction-with-private-sector-green-bonds/

Architects and engineers are in a bind with their insurers’ resilience policies requiring the design of structures to the 2’ minimum of protections by 2030 even if their clients can’t pay –– an untenable position since just one lawsuit can bankrupt any design firm.

Fortunately, New Jersey’s calculated $90 billion in protection costs are available and ready to deploy. The Investor Network on Climate Risk has over $47 trillion of such assets with a priority for green affordable housing.  Using his valuable private capital markets experience, Governor Phil Murphy is evaluating a proposal to deploy these funds for New Jersey.  Familiar with the proposal, NJ State Senator Bob Smith said “we need to thoroughly explore potentially viable private sector means before resorting to taxpayer financing, but most importantly, we need to stimulate and protect New Jersey’s economy.” 

New Jersey experts in real estate finance and environmental protection are being enlisted to help deploy the financing, and are participating in the Sept. 29, 2022, national resilience standard public meeting.  Additional experts may participate by writing mts@sustainableproducts.com.

The authors are environmental attorneys Mike Italiano and Brian Davis affiliated with the nonprofit Capital Markets Partnership.  They have over 60 years of combined litigation and regulatory experience with federal, State, and local government, companies, and private practice.


Stimulating New Jersey’s economy through $90 billion in available private sector capital Read More »