NJDEP Issues Final Rule on C-1 Surface Water Designations

May 16, 2008
by BRUCE KATCHER
Client Alert Newsletter May 2008

A rule designating 686 additional river miles as "Category One" or C-1, the category entitled to the highest level of protection under New Jersey's Surface Water Quality Standards (other than Outstanding National Resource Waters), was finalized by the New Jersey Department of Environmental Protection ("NJDEP") on May 22 and is scheduled to be published in the June 16 New Jersey Register. The rule also changed the definition of several terms used to describe the characteristics of the C-1 category. C-1 waters are entitled to protection against any measurable change in water quality. In addition, development restrictions apply to areas located within 300 feet of a C-1 water body under the stormwater management regulations. While many of the river miles affected are in the central and northern part of the state, several South Jersey water bodies are affected, including Pompeston Creek, Oldmans Creek, and the Maurice River.