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Clifton, NJ Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted
July 2, 2024, Ord. No. 7921-24
Applies to
"Major development" (nonresidential + qualifying residential)
Erosion control standard
NJ Soil and Sediment Control Act, N.J.S.A. 4:24-39
Maintenance cure period
14 days after written notice
Max penalty
$2,000 fine + up to 90 days jail/community service
Maintenance plan recorded on
Property deed of record

Summary

Clifton's 2024 stormwater ordinance makes every qualifying "major development" design green infrastructure BMPs for groundwater recharge, runoff quantity and quality control, meeting the state's erosion-control standards. Maintenance plans get recorded on the deed, and neglecting a facility after a 14-day notice lets the City fix it and lien the property.

The purpose of this chapter is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 394-2. ... Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows: (1) The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90. (2) The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure. ... A fine not exceeding $2,000 and/or imprisonment ... for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. Each day that a violation continues shall be deemed a separate and distinct offense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963532; v64 updated 2026-07-21; through 07-21-2026).

Full Breakdown

Chapter 394, adopted July 2, 2024 by Ordinance No. 7921-24 to replace the City's 2021 version, sets minimum stormwater management requirements for major development in Clifton, meaning nonresidential major development and the aspects of residential major development not preempted by the state's Residential Site Improvement Standards. A. , and groundwater recharge, quality and quantity standards met by incorporating green infrastructure per the NJ Stormwater BMP Manual. Section 394-4 carves out limited exemptions, such as underground utility lines that are revegetated after construction and pedestrian sidewalks or trails no wider than 14 feet built of permeable material, and allows a waiver for enlarging an existing public roadway or pedestrian access if the applicant proves there is no other way to meet the standard.

Section 394-10 requires a design engineer's maintenance plan for every project's stormwater BMPs, naming who is responsible for upkeep and, where that party isn't a public agency, recording the plan on the property's deed of record. If a facility becomes a danger to public health or safety or needs repair, the City must give the responsible party written notice and 14 days to fix it before the municipality can step in, perform the work itself, and bill the cost, which can become a lien if unpaid.

Violations & Fines

Section 394-11 makes any person who erects, constructs, alters, repairs, converts, maintains or uses a building, structure or land in violation of Chapter 394 subject to a fine of up to $2,000, and/or up to 90 days in the county jail or a municipal detention facility, and/or up to 90 days of community service. Each day a violation continues counts as a separate, distinct offense.

Frequently Asked Questions

Does Clifton require green infrastructure for new construction projects?
Yes, for "major development." Section 394-3 requires those projects to incorporate green infrastructure best management practices to meet groundwater recharge, stormwater quality and quantity standards, on top of meeting the state's erosion-control minimums.
What happens if a Clifton stormwater facility isn't maintained?
The City must give the responsible party written notice and 14 days to fix the problem under Section 394-10B(9). If they fail to act, the City can perform the maintenance itself and bill the cost, which can become a lien on the property.
Are small home additions in Clifton subject to the stormwater ordinance?
Only if they qualify as "major development" as defined in Section 394-2. Aspects of residential major development already governed by the state's Residential Site Improvement Standards, N.J.A.C. 5:21, are excluded from Chapter 394's requirements.
What is the penalty for violating Clifton's stormwater control ordinance?
Up to a $2,000 fine, plus up to 90 days in jail or 90 days of community service, or both, under Section 394-11. Each day the violation continues is treated as a separate offense.

Sources & Official References

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