Legal Mechanics of Creating a Stormwater Utility
Organizationally, there are multiple pathways to implementing a stormwater utility, and the basic options are listed below. Municipalities are not required to pursue any particular choice, but rather may decide which one suits their needs.
Under the Clean Stormwater and Flood Reduction Act, the legal mechanics of creating a stormwater utility begin with the passage of an ordinance or resolution. From there, an entity will take specific steps, depending on its organizational structure.
Click on the tabs below to explore the mechanics for each organizational structure.
If a stormwater utility is desired, the governing body of a county or municipality will first need to enact an ordinance or pass a resolution to create a stormwater utility. The ordinance or resolution will detail the creation of the municipal or county utility as a new department or as an operation of an existing department. After passing the ordinance or resolution, the entity will then submit a copy of the document to the New Jersey Department of Environmental Protection (NJDEP), and the Division of Local Government Services, in the New Jersey Department of Community Affairs (DCA).
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