Bulletin Board Magazine [Volume 2 - 2025]

Legal & Legislative Update DEP STORMWATER REVIEW

In re Johnson Development Associates, Inc.

In Johnson Development Associates Inc., A-0285-23 (App. Div. Mar. 12, 2025), the Appellate Division affirmed the New Jersey Department of Environmental Protection’s (“NJDEP”) decision to issue a flood hazard permit to Johnson Development Associates, Inc. (“Johnson”).

and the Stormwater Management Rules. These regulations required Johnson to obtain a Flood Hazard Area Verification and an Individual Permit, which involved a detailed review of the project’s impact on flood hazard and stormwater management. NJDEP’s review process included evaluating the natural features of the land and the proposed construction’s impact on stormwater quantity and quality To comply with these regulations, Johnson proposed several stormwater management measures, such as bioretention basins and infiltration basins and the importation of soils to facilitate recharge.

The permit at issue allowed Johnson to construct two warehouse buildings with associated infrastructure on a 90-acre property in Robbinsville Township. This property already had some development, including an office building and stormwater management basins. The project required a use variance due to a shift in demand from office space to warehouse facilities, which was granted by the local zoning board and upheld by the court. The project was subject to stringent environmental regulations, including the Flood Hazard Area Control Act

Article provided by Michael J. Gross, Esq., Steven M. Dalton, Esq., Linda M. Lee, Esq., and Mary Delaney, Esq.

Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner, Ms. Lee is a Partner and Ms. Delaney is an Associate of Giordano, Halleran & Ciesla, P.C.’s Environmental Practice Group

Steven Dalton

Mary Delaney

Michael J. Gross

Linda M. Lee

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