New Jersey Department of Environmental Protection (NJDEP) Regulation Update: Tier A MS4 Stormwater Discharge Master General Permit (Effective Nov. 1, 2023)
Dear Valued Client,
As your partner in all areas of land development, Dynamic finds it important to keep our clients aware of new rules or regulations that could have an impact on existing and/or future development projects. The purpose of this letter is to inform you of recent changes to local and state regulations that pertain to the enforcement of stormwater management facilities in the State of New Jersey.
The New Jersey Department of Environmental Protection (NJDEP) modified the Tier A MS4 Permit – Stormwater Discharge Master General Permit on October 20, 2023, which authorizes the discharge of stormwater runoff from Municipal storm sewers. As per regulations associated with the MS4 Permit, Municipalities are now required to submit annual reports to the NJDEP that contains evidence that routine maintenance of all stormwater management facilities within their municipal boundaries is occurring. This includes stormwater facilities within privately owned developments.
As a result of the growing rate of enforcement by the NJDEP, Municipalities are enacting local regulations requiring private property owners to report on the maintenance of their stormwater facilities. We are specifically reaching out to you as your existing development(s) contain one or more stormwater management facilities that may be the subject of this required maintenance.
Dynamic is available to assist you with your maintenance obligations by performing site assessments; recommending and/or implementing preventative or corrective measures; and providing reports prepared by a licensed Professional Engineer in order to demonstrate compliance with these regulations. We have included an overview of the specifics of these regulations in an attachment.
Upon receipt of this letter, please contact us to discuss this matter in further detail. We can then provide you with a proposal for an initial site visit to review your site’s stormwater facilities and consultation on the next step(s) that may need to be taken to comply with the State’s guidelines.
Best,
Jeff Haberman, PE, PP
Principal
NJDEP TIER A MS4 UPDATES
WHAT PRIVATE PROPERTY OWNERS NEED TO KNOW
The New Jersey Department of Environmental Protection (NJDEP) updated the Tier A Municipal Stormwater (MS4) General Permit. Municipalities must now submit annual reports documenting that stormwater management facilities across their jurisdictions are being routinely maintained.
This requirement applies to public facilities and privately owned developments. Many towns have adopted ordinances requiring private owners to inspect and report the upkeep of basins, bioretention areas, manufactured treatment devices, and related infrastructure.
WHY IT MATTERS
Private Owner Reporting: You may now be required to inspect and report on the maintenance of your stormwater facilities.
Increased Enforcement and Oversight: Non-compliance can trigger notices of violation, fines, and project delays.
Operations & Maintenance (O&M) Plan: If your property includes stormwater facilities, you should have an O&M Plan recorded on your deed. It sets preventative/corrective maintenance tasks; inspection frequency; and responsible contacts
HOW DYNAMIC CAN HELP?
- Locate and review your recorded O&M Plan and approvals.
- Perform annual (or seasonal) inspections and maintenance.
- Prepare municipality‑ready reports with evidence of maintenance (photos, logs, invoices).
- Update O&M Plans when facilities are modified.
- Coordinate with municipal staff to ensure compliance.
FAQs
How often do I need inspections?
Most municipalities require at least one documented inspection per year; check your local ordinance and O&M Plan.
Which facilities are covered?
Basins, bioretention, infiltration systems, MTDs, pervious pavement, swales, wetlands, and associated conveyance.
Who can perform inspections?
Qualified engineers or trained maintenance providers familiar with NJDEP BMP standards.
What if my O&M Plan is missing?
We can assist in locating or preparing an updated plan for municipal acceptance.
Contact us below for a consultation to ensure that you remain compliant.
Our Compliance Expert
Principal – Lake Como, NJ