The NJDEP Expands Protection to Nearly 600 Miles of Rivers and Streams

On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) adopted amendments to the State’s Surface Water Quality Standards (“SWQS”) at N.J.A.C. § 7:9B, enhancing protection to nearly 600 miles of rivers and streams for the first time since 2008 (the “Adopted Rule”).

The SWQS provides three tiers to implement antidegradation policies for waters within the State. The Adopted Rule classifies a number of waterbodies with the Category 1 (“C1”) designation. C1 designated waterbodies are to be protected from measurable changes in water quality based on a finding that the waterbody exhibits the quality of exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or its significance as an exceptional fisheries resource. The Adopted Rule upgrades 547 miles of waterways to C1 based on their exceptional ecological value and 53 miles based on their exceptional fisheries resource value. With the addition of the nearly 600 miles of waterways to the C1 designation, New Jersey now has some 7,400 miles of waterways designated as C1.

The Adopted Rule recognizes the water quality and ecological resource improvement in New Jersey’s wide range of land use types, including urban areas. The Cooper River in the City of Camden was upgraded to C1 status due to the waterbody’s ability to support an endangered species. Importantly in an urban environment, a C1 designated waterbody means that such waterbody is required to have a 300-foot riparian buffer zone as provided in the Flood Hazard Area Control Act at N.J.A.C.  § 7:13-4.1, which limits land-use activities that threaten the antidegradation policies afforded to a C1 designated waterbody.

Contact Davis Environmental Law for information about the NJDEP’s Adopted Rule or how the NJDEP’s Adopted Rule may impact your business or project.