Redevelop NJ

Update: DEP to Delay Publication of "Emergency Rule" on Flood Hazard and Stormwater Regulations

By: Andrew B. Robins and Raymond S. Papperman

Sources in Trenton report that the Department of Environmental Protection (DEP) will announce on Monday a delay in publishing the “emergency rule” that was the subject of our June 3 Alert. After feedback from a number of impacted stakeholders, including municipalities, DEP is expected to announce a pause in the publication of the “emergency rule” to allow for more stakeholder input, issue FAQs and release a schedule of stakeholder meetings.

DEP to Adopt “Emergency Rule” Mid-June That Will Require Many Projects to Be Redesigned or Abandoned

By: Andrew B. Robins

Anyone with a pending or planned project that involves either an area near a non-tidal river or stream or a project that is subject to DEP’s stormwater rules will likely need to reassess the scope of the project if approvals are pending.

The “emergency rule” is the first salvo of the Department of Environmental Protection (DEP)’s Protection Against Climate Threat (PACT) regulatory initiative. DEP will be side-stepping the normal rule making requirements and adopting changes to rules covering Fluvial (river system) Flood Hazard Areas (FHAs) and Stormwater Rules.