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Bergenfield, NJ Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Governing section
Borough Code § 306-6C(3)
Exempted source
Rain barrels/rain harvesting, gray water, reclaimed water
Approval required
Written request to Borough Administrator
Renewal
Annual, revocable during an emergency
Gray/reclaimed water condition
Approved NJPDES permit from NJDEP required

Summary

Bergenfield's water conservation ordinance exempts outdoor water drawn from rain harvesting, such as rain barrels, from its emergency irrigation-day restrictions. Gray water or reclaimed water gets the same exception, but only with the Borough Administrator's written approval and, for gray or reclaimed water, an approved state NJPDES discharge permit.

C. Exceptions to the water restrictions shall be determined by the Borough Administrator. The requests for an exception shall be submitted to the Borough Administrator in writing. Exceptions are subject to renewal annually and may be voided at any time due to an emergency. The exceptions may include the following: ... (3) Outdoor water use from rain harvesting (rain barrels, etc.), gray water, or reclaimed water. Use of gray or reclaimed water must have an approved NJPDES permit issued through NJDEP.

Full Breakdown

Section 306-6C of the Borough Code, within Chapter 306's water conservation article, lists the outdoor water uses the Borough Administrator may exempt from the mandatory Stage I and Stage II irrigation restrictions. ' The exemption is not automatic. Under § 306-6C, any property owner who wants to rely on rain-barrel water, gray water, or reclaimed water during a declared emergency must submit a written request to the Borough Administrator, and the resulting exception is good for one year, renewable annually, and can be voided at any time if conditions change.

Gray water or reclaimed water carries an added condition the rain-barrel exception does not: the property must hold an approved New Jersey Pollutant Discharge Elimination System permit issued through the state Department of Environmental Protection before that water can be used outdoors. under § 306-6D still applies to water drawn from any source, since the harvesting exception in § 306-6C is written specifically against the emergency-stage restrictions in § 306-6A and B rather than the daily watering-hours rule.

Violations & Fines

A property owner who waters with rain-barrel, gray, or reclaimed water during a declared emergency without first getting the Borough Administrator's written exception is treated the same as anyone else violating the Stage I or Stage II schedule: § 306-5 sets a fine of up to $2,000 per violation, assessed per block and lot. Gray or reclaimed water used without the required NJPDES permit on file voids the exception entirely and exposes the owner to the same penalty.

Frequently Asked Questions

Can I use a rain barrel to water my garden during a Bergenfield water emergency?
Yes. Section 306-6C(3) exempts outdoor water use from rain harvesting, including rain barrels, from the Stage I and Stage II irrigation restrictions in Chapter 306. You still need to submit a written request to the Borough Administrator so the exception is on file before you rely on it.
Do I need a permit to use gray water outdoors in Bergenfield?
Yes, if the gray or reclaimed water exception is what you're relying on. Section 306-6C(3) requires an approved NJPDES permit issued through the New Jersey Department of Environmental Protection before gray or reclaimed water may be used outdoors, a condition that does not apply to plain rain-barrel water.
How long does a Bergenfield water-restriction exception last?
Exceptions granted under § 306-6C, including the rain-harvesting exception, are subject to renewal every year and can be voided at any time if the Borough Administrator determines conditions have worsened, so an exception approved one year does not automatically carry over to the next.

Sources & Official References

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