New Jersey Green Infrastructure Rule Promotes Rainwater Harvesting for Reuse

Under N.J.A.C. 7:8-5.3, adopted by the NJ Department of Environmental Protection and effective March 2, 2021, every major development must meet New Jersey's groundwater recharge, stormwater runoff quantity, and runoff quality standards using green infrastructure, replacing the old 'maximum extent practicable' nonstructural standard. N.J.A.C. 7:8-1.2 defines green infrastructure as a measure that manages stormwater close to its source by infiltration into subsoil, filtration through vegetation or soil, or storing stormwater runoff for reuse. That third method is rainwater harvesting: captured runoff reused on-site counts toward compliance. Residential rain barrels are unregulated by the state and encouraged.

A major development that fails the green infrastructure standard cannot obtain the required stormwater or municipal land use approvals, and NJDEP can pursue enforcement under the state's stormwater program until the deficiency is corrected.