Grading and drainage in Gloucester County is shaped by state law. Under the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., a transition area up to 150 feet around a wetland acts as a sediment and stormwater control zone where earth-moving needs an NJDEP permit.
New Jersey has no county with unincorporated land, so grading is regulated by each Gloucester municipality's ordinance plus overlapping state law. Moving earth or altering drainage within a freshwater wetland transition area, up to 150 feet wide, requires an NJDEP freshwater wetlands permit, because the buffer is defined as a sediment and stormwater control zone. Parts of Monroe and Franklin townships lie within the Pinelands, where land disturbance also needs approval consistent with the Pinelands Comprehensive Management Plan. Regraded lots may not divert concentrated runoff onto a neighbor, a longstanding rule of New Jersey drainage law.
Grading a wetland transition area without an NJDEP permit, or diverting concentrated stormwater onto an adjoining lot, brings state enforcement, restoration orders, and civil liability for the resulting drainage damage.
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