Toms River, NJ Environmental Rules: Grading & Drainage (2026)

Grading and drainage in Ocean County are controlled through overlapping municipal and state programs. Municipal Construction Code Offices issue grading permits under NJ UCC N.J.A.C. 5:23 — typical threshold for separate grading permit is 50 to 100 cubic yards. Ocean County Soil Conservation District certification required for disturbance over 5,000 sq ft under N.J.S.A. 4:24-39. Site drainage must direct water away from foundations and not adversely affect neighboring properties under common law (Armstrong v. Francis Corp. 1956 NJ) — a downstream owner has a cause of action if upgradient owner redirects water. Retaining walls over 4 ft require professional engineering and separate structural permit under N.J.A.C. 5:23-2.14. Post-Sandy flood zone properties face drainage requirements preventing concentrated runoff that could exacerbate coastal flooding. Pinelands areas (Manchester, Jackson) have limits on cut/fill under CMP N.J.A.C. 7:50-6 protecting soil profiles. Barnegat Bay watershed nonpoint-source pollution rules under N.J.A.C. 7:14A-25 limit sediment and nutrient runoff. Final grade must match approved plans; as-built drawings required for major projects. Property owners responsible for ongoing maintenance of drainage swales, catch basins, and retention features on their land.