Requires DEP to evaluate cumulative impact of stormwater when reviewing applications associated with warehouse and other high-density development projects.

A4035

ASSEMBLY, No. 4035

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

���� Requires DEP to evaluate cumulative impact of
stormwater when reviewing applications associated with warehouse and other
high-density development projects.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the evaluation of stormwater impacts from
warehouse and other high-density development and supplementing Title 13 of the
Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� a.� As used in this
section:

���� �Development� means the same
as the term is defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4).

���� �High-density development�
means a development proposed at a greater concentration of density or intensity
of land use than authorized within the area, section, or sections, under the
current master plan and development regulations.

���� �Stormwater� means the same as
the term is defined in section 3 of P.L.2019, c.42 (C.40A:26B-3).

���� �Warehouse� means a building
that stores cargo, goods, or products of any type on a short-term or long-term
basis for later distribution to wholesale or retail customers, and includes,
but is not limited to, a distribution center, flex-warehouse, or any other type
of warehouse.

���� �Watershed� means the same as
the term is defined in section 3 of P.L.1997, c.261 (C.58:29-3).��

���� b.� Notwithstanding any other
law, or rule or regulation adopted pursuant thereto, to the contrary, whenever
the Department of Environmental Protection reviews an application for a permit,
authorization, or any other type of approval from the department that, if
approved, would allow the development of a warehouse or other high-density
development, the department shall evaluate the cumulative impact of stormwater
that would result from the construction of the warehouse or other high-density
development.� When evaluating the cumulative impact of stormwater pursuant to
this subsection, the department shall:

���� (1) consider the stormwater
impacts that would result from the development on property located within:� the
municipality in which the development would be located; any adjoining
municipalities, whether located in the same county as the proposed development
or in an adjacent county; and the watershed in which the property is located;
and

���� (2) ensure that stormwater
shall be managed to, at a minimum:

���� (a) induce water recharge into
the ground where practical;

���� (b) minimize offsite
stormwater runoff in order to not impact property located in an adjacent
municipality;

���� (c) maintain the integrity of
stream channels for their biological functions, as well as for drainage; and

���� (d) to prevent, to the
greatest extent feasible, an increase in nonpoint pollution in the watershed in
which the proposed development would occur.

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill would require the
Department of Environmental Protection (DEP) to evaluate the cumulative impact
of stormwater when reviewing applications for permits, authorizations, or other
approvals for applications that, if approved, would result in the construction
of a warehouse or other high-density development project.

���� The DEP would be required to
consider the stormwater impacts that would result from the development on
property located within the municipality in which the development would be
located, any adjoining municipalities, and the watershed in which the property
is located.� The DEP would also be required to ensure that stormwater be
managed to, at a minimum:� (a) induce water recharge into the ground where
practical; (b) minimize offsite stormwater runoff in order to not impact
property located in an adjacent municipality; (c) maintain the integrity of
stream channels for their biological functions, as well as for drainage; and
(d) prevent, to the greatest extent feasible, an increase in nonpoint pollution
in the watershed in which the proposed development would occur.

���� The development of warehouses,
and other high-density development, often results in environmental, land use,
traffic, economic, fiscal, and social equity effects in municipalities adjacent
to the one in which the development is located.� The construction of such
development facilities has, at times, resulted in significant negative regional
impacts.� This bill is intended to ensure that any stormwater resulting from
intense development is carefully scrutinized, not only for its impacts on the
municipality in which the development is located, but also adjoining
municipalities and the watershed as a whole.