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Copyright The Watershed Institute 2025.Michael L. Pisauro, Jr. Esq. Policy Director We would like to thank Jim Cosgrove, Principal for One WaterConsulting, LLC., Gabe Mahon, Bureau Chief, NJPDES StormwaterPermitting Program, New Jersey Department of EnvironmentalProtection and Dr. Daniel Van Abs for reviewing drafts of the guideand providing thoughtful feedback on the guide.
Table of ContentsIntroduction........................................................................................................2What are Watershed Improvement Plans..........................................................3Why are WIPs necessary?.................................................................................5 The Problem.......................................................................................................8The Solution.......................................................................................................10How to implement a regional WIP?...................................................................12Identify the Region.......................................................................................13 Identify the Stakeholders............................................................................13All The Rest..................................................................................................15When is it too late?...........................................................................................18Conclusion........................................................................................................19Resources........................................................................................................20Checklist......................................................................................................21Draft Model Municipal Resolution for Watershed Planning........................22 Flow Chart: Developing a Regional Watershed Improvement Plan (WIP)..241
New Jersey increasingly is experiencing two issues: water pollution and flooding. Flooding hasbecome more and more of a central issue that municipalities are struggling to address. Fromhurricanes and nor’easters to heavy short duration rainstorms, flooding is increasing. On top ofincreased rainfall, we continue to develop the remaining undeveloped lands. This increasing amountof impervious surfaces exacerbate flooding.Figure 1. Flooding in Trenton After Hurricane IdaWater pollution is also a growing concern. Whileusually not as visible, water pollution’s impacts arebeing felt. Harmful Agal Blooms (HABs) shut downrecreational areas along our lakes. In one case a HABthreatened drinking water supplies.It is also becoming more apparent that we are allconnected. The actions of one municipality can haveimpacts not only on neighboring communities but oncommunities’ miles downstream. Our issues willcontinue to increase over the years to come. Whatwe are currently doing is not working. We must dosomething different.That something different is the regional WatershedImprovement Plan (WIP). At least one region hasdecided to do something different. The municipalitiesof Hopewell Township, Pennington, Lawrence andPrinceton entered into an agreement in March 2024to prepare a watershed plan to help them comply withthe WIP requirements. See the press release.Figure 2. HAB on Millstone RiverIntroduction2
2 Figure 3. Timeline.In 2023, the New Jersey Department of Environmental Protection updated a permit that provides anopportunity for municipalities to collaborate with their neighbors in watersheds they share. TheMunicipal Separate Storm Sewer System permit (MS4 permit) requires municipalities to develop aplan to improve water quality and reduce flooding. These plans, called Watershed ImprovementPlans, are due by Dec. 2027. The plans are to be developed in three phases:Watershed Inventory (Due December 2025)Watershed Assessment Report (Due December 2026)Watershed Improvement Plan Report (Due December 2027)Each phase builds on the previous one and includes actions such as:Identifying impaired watersIncorporating Total Maximum Daily Loads (TMDLs)Locating flooding hotspotsMapping stormwater infrastructureProposing and prioritizing improvement projectsEngaging the publicWIPs are not optional. They are enforceable and critical for compliance with state and federalwater protection laws.What Are Watershed Improvement Plans(WIPs)?For a general overview of WIPs see “What are Watershed Improvement Plans (WIPs) and why doMunicipalities have to do them?”. This paper will discuss the Watershed Assessment Report and theWatershed Improvement Plan Report in more detail.Watershed Improvement Plans require municipalities to understand what waters do not meetsurface water quality standards, what Total Maximum Daily Loads (TMDLs) are applicable, and whereflooding is occurring. In addition, municipal inventories of their stormwater infrastructure andstormwater outfalls are incorporated. These items and more are developed or inventoried during theWatershed Inventory phase. This phase must be completed by the end of 2025.3WatershedInventoryReportDue:Dec, 2025WatershedAssessmentReportDue: Dec,2025WatershedImprovement PlanReportDue: Dec,2027
After the Inventory phase, municipalities mustdevelop the Watershed Assessment Report,which sets out the actions it will take to reducewater pollution, comply with the reductions ofpollutants found in the TMDLs and reduceflooding. The municipalities must developprojects to achieve these goals, set out aschedule for the implementation of the projectsand identify the funding sources for the projects.Municipalities must have semi-annual informationsessions and provide for a public comment periodon the plan. All these steps must be completed bythe end of 2026. Municipalities have until the end of 2027 toprepare a summary of the comments from thepublic, how the draft plan changed because of thecomments, and identify areas that that arecausing issues outside of their control (i.e.upstream Municipalities, or even other agencieswithin their borders, like county or state roadsand buildings). In short, municipalities finalize thedraft plan. The plans must also explain howstormwater management issues in overburdenedcommunities will be prioritized. Watershed Assessment Reportrequirements:Assessment of water qualityimprovement projects bysubwatershed and parameterEstimate of the percent reductionin loading in of the TMDL/impairment parameters due toprojectsSummary of feedback from publicsessionsEstimate of funding needs for eachprojectIdentification of the source offunding Proposed implementationschedule 4
Figure 4. Draft 2022 NJ Integrated Water Quality Assessment Report. As noted in the Introduction, water pollution is a growing issue. From a water quality perspectivethere are two aspects for Municipalities to be concerned with. First, are there impaired waterswithin their borders? What does this mean? As required by the federal Clean Water Act, the statemonitors its surface waters and submits a report every two years. This report, the Integrated Water Quality Assessment Report, lists all of the waters in New Jerseythat are monitored. It then lists all of the monitored waters that do not meet the designated usesor have pollutants in excess of the surface water quality standards. In other words, what surfacewaters are impaired. The designated uses are: Aquatic life protection, drinking water supply,water-based recreation, etc. According to the 2022 Integrated report which is the most recent,most of New Jersey’s waters do not meet the designated uses. It is apparent from this report andprevious reports that a majority of New Jersey’s waters do not meet the standards for one or morepollutants.Why Are WIPs Necessary?5
Meeting the designated uses and limiting pollution is important. Both federal and New Jersey lawrequires that steps are taken to “restore, enhance, and maintain the chemical, physical, andbiological integrity of its waters, to protect public health, to safeguard fish and aquatic life andscenic and ecological values, and to enhance the domestic, municipal, recreational, industrial andother uses of water.” In short, New Jersey has an obligation to address these impairments and takeactions to restore waters so that they meet the designated uses and do not have pollutants inexcess of set standards. These requirements were enacted roughly fifty years ago. While progresshas been made to reduce pollution from industrial facilities and from wastewater treatment plants,stormwater pollution remains a major cause of pollution and the impairments to NJ’s surfacewaters.1The other component of addressing water pollution is Total Maximum Daily Loads or TMDLs. Underthe Clean Water Act, the State is required to develop TMDLs for all waters that are listed as impairedby the state in the Integrated Report. An easy way to think about TMDLs is to consider them apollution budget. First, figure out how much of a pollutant is entering our waterways from bothnatural and human-caused sources. Then determine how much of a pollutant can be dischargedinto a waterway such that waterway still meets standards. Add a measure of safety or margin oferror. The difference between “safe” amounts and actual discharges is allocated between WasteLoad Allocations (i.e. point sources) and Load Allocations (i.e. nonpoint sources). This amount is thereductions that are required. The point sources are also further divided between wastewatertreatment plant discharges, stormwater discharges, etc. Below is an example of the reductions forTotal Suspended Solids for a part of the Raritan Basin: Upper Millstone, Stony Brook and CarnegieLake Direct Watersheds.Figure 5. 2022 NJ Integrated Water Quality Assessment Report N.J.S.A. 58:10A-2. New Jersey’s Water Pollution Control Act. See also Water Pollution Control Act, 33 U.S.C. 1251 (a)16AssessmentAquatic LifeGeneralAquatic LifeTroutWater SupplyRecreationPrimaryRecreationSecondaryFishConsumptionShellfishFull Support20%15%28%25%50%1%18%Insufficient Data11%22%14%23%50%63%13%Non Support69%64%58%52%0%36%70%
Figure 6. Raritan Basin NonTidal TMDL2Up until the 2023 MS4 permit, New Jersey’s implementation of the TMDLs has been limited.Wastewater treatment plants (WWTP) had to achieve the reductions set out for them. Variousvoluntary programs addressed non-point source pollution including the federal Clean Water Act319 (h) grants and state programs.Until 2023, New Jersey did not require meeting the required pollutant reductions fromstormwater discharges even though legally, these reductions are required. Under the CWA alldischarge permits, or New Jersey Pollution Discharge Elimination System (NJPDES) permits inNew Jersey, must implement waste load allocation reductions in a TMDL. The New Jersey MS4permit is in fact a NJPDES permit; therefore, the permit must implement the reductions found ina TMDL. The Watershed Improvement Plans are NJ’s method of implementing the required WLAreductions.3 Figure 6 is from NJDEP’s Raritan Basin NonTidal TMDL, adopted May 24, 2016.2 40 C.F.R. 122.44(d)(1)(vii)(B).37
Figure 7. Stony Brook Watershed.TMDLs are watershed-based, not municipal. A watershed may span several municipalities, counties,state roads, and public complexes, all of which contribute to pollution and flooding.When municipalities act independently:Data is duplicated and inconsistentPollutant contributions are disputedProjects may conflict or overlapRegional problems go unresolvedThis fragmented approach likely increases costs and fails to deliver results.While portions of the WIP are specific to each municipality, others are necessarily watershed-based. Note that the TMDLs are not created on a municipality level but are on a watershed basis.For example, the Stony Brook Watershed, which requires an 84% reduction in Total SuspendedSolids (e.g. suspended sediment) flows through six municipalities and two counties. How is that84% reduction to be allocated between the Municipalities? That allocation becomes even morecomplex when it is realized that at least two state roads (Route 31 and Route 206) cross over theStony Brook and its tributaries, each subject to a Highway Agency MS4 permit. How do thesestructures that are outside of the jurisdiction of the municipality contribute to the pollutant loadingand what are their required reductions per the TMDL? In addition to the Highway Agency MS4permit there is a Public Complex MS4 permit, applicable to public institutions such as universities orcounty facilities. There are similar requirements for these non-municipal permits as the municipalMS4 permit.The Problem8
If each of the six Municipalities do their own thing and develop the watershed assessmentreport independently, what does that mean?When each Municipality calculates what is flowingfrom outside their jurisdiction, each of the downstream Municipalities can allocate pollution andvolume differently. While some waters are monitored those monitoring stations do notnecessarily line up with municipal borders. It may be very difficult to allocate pollution and volumeloadings between Municipalities. For example, Township A may believe that only 5% of the TSSissues are from their jurisdiction, yet Township B may determine that Township A is responsiblefor 25%. If plans to address pollution and flooding are developed using these very different assumptions,how are the proposed projects expected to deliver improvements? Will these very different plansachieve the goal of reducing flooding and improving water quality? Are they not destined to fail?NJ should not be developing plans that are likely to fail. Ultimately, if we do not develop andimplement plans that improve water quality and reduce flooding, our communities will continue tosuffer, and municipalities and the state will have to develop additional plans to address theshortcomings of inadequate WIPs.9
The process described above is inefficient and probably more expensive in the long run. Thesolution is to develop WIPs on a regional watershed basis. By developing a regional approach,Municipalities will likely save money and will have a plan that can be more effective.The efficient, logical solution is regional collaboration through a shared WIP for a watershed area.By sharing consultants, planning, and public outreach, municipalities can develop a single, high-quality watershed plan tailored to meet everyone's needs.Why is it more effective to develop aregional plan as opposed to individual plans? First, each Municipality will have to study the entirewatershed, at least up to their most downstream point. Some Municipalities in order to reducecosts may limit the study to the boundaries of their municipality and ignore the upstream portionsof the watershed. This will result in an inaccurate picture of what is occurring in the watershedand will result in plans that do not accomplish the required goals of restoring water quality andreducing flooding. For those Municipalities that do study the upstream aspects of theirwatershed, each Municipality that does that will be repeating the work that upstreamMunicipalities are doing. This is a duplication of effort and as pointed out above can lead toinconsistent assumptions. By doing the study once, each Municipality reduces costs.Another area where efficiency can be realized is the development of improvement projects. Bylooking at the entire watershed instead of a very narrow portion within the municipal boundariesand control, there are likely to be opportunities to implement projects in locations that are moreeffective and less costly. For example, if Trenton were to go it alone, one of the more likelysolutions would be the removal of impervious cover and installation of rain gardens/bioretentionsystems. That is an expensive process. On the other hand, upstream opportunities may beidentified that result in the restoration of stream banks and flood plains, which increase floodstorage and reduce the amount of runoff and pollutants that enter a stream in both theseupstream locations and everywhere downstream. This may be less expensive and generate largerreductions for all downstream communities. Another benefit of using regional approaches forsolutions will be the increased types of solutions that can be implemented. A Municipality withpoor soils and low infiltration rates may not be the best and least costly location for theimplementation of stormwater infiltration systems. But if the Municipality goes it alone, they donot have many options. Looking at the region allows allocation of the most effective BestManagement Practice (BMP) in the most effective locations.The Solution10Key Advantages of a Regional WIP:Reduces costs by avoiding duplicationYields more effective projects by considering upstream-downstreamdynamicsExpands potential locations and types of interventionsAligns technical analysis and dataLeverages stronger grant applications and funding strategiesIncreases compliance with MS4 obligations
Third, few municipalities have the technical capacity to develop an effective WatershedImprovement Plan. Therefore, most will hire a consultant to develop these plans with costs ofadvertising, contract development and project management. A regional approach can save onthese transaction costs through the hiring of a single consultant, which also can help avoidsituations where multiple consultants conflict in their advice to different municipalities in thesame watershed.A consultant would develop a variation of a Watershed Management Plan. WatershedManagement Plans are a well-known device to study the region’s sources of pollution anddevising restoration strategies to reduce pollution. The Watershed Management plan can bethought of as a “regional WIP.” The elements of a Watershed Management Plan are:Identify causes and sources of pollutionEstimate pollutant loading into the watershed and the expected load reductionsDescribe management measures that will achieve load reductions and target critical areasEstimate amounts of technical and financial assistance and the relevant authorities neededto implement the planDevelop an information/education componentDevelop a project scheduleDescribe the interim, measurable milestonesIdentify indicators to measure progressDevelop a monitoring component. 4There are many similarities between watershed management plans and the MS4 WIPs.Watershed management plans or watershed based plans may also qualify for funding under the319(h) grant program or other assistance, while the WIP program does not have dedicatedfunding.Are Regional WIPs allowed?The short answer is yes. While each municipality is a MS4 permittee and must submit its ownWIP, that WIP can incorporate the watershed-based results for each watershed contained orpartially contained within the municipality. In fact, DEP encourages municipalities to addresstheir MS4 obligations on a regional basis. At the very least the permit “requires municipalities tointeract with stakeholders including their neighboring municipalities that discharge to thesame waterbodies so that watershed improvement actions can be coordinated within thesubwatersheds.” In the Department’s response to comments, “These are ideal opportunitiesfor more regional efforts to be developed and multi-municipality collaboration. However, whilethe Department prefers and encourages the WIPs to be developed on a regional basis” . TheDepartment’s fact sheet goes even further to recognize that “[r]egionalized WIPs will beaccepted as compliant with this requirement…” The regional approach could also benefit fromprioritizing resources, including funding. 5678 NJDEP Watershed-Based Plans. See also EPA Resources for Watershed Planning, https://www.epa.gov/nps/resources-watershed-planning4 2023 Tier A Stormwater Master General Permit Response to Comments, page 15. https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/tier-a-response-to-comments.pdf5 Id. at 15.6 2023 Tier A Stormwater Master General Permit Fact Sheet, page 80.7 Id.811
There are multiple steps to bring a regional WIP to fruition. Some of these steps can be very time-consuming and since time is of the essence those that are interested should start the process assoon as possible. If your Municipalities missed the opportunity, there will be other opportunities inthe future to harmonize individual plans. But this is not the best or most efficient approach.This first place to start is to identify the relevant scale of the watershed. One of the first places tolook may be the relevant TMDLs. NJDEP has a TMDL Lookup Tool that assists with this process. Asan example, the Raritan River Basin TMDL addresses much of this large region. The basin coversover 1,100 square miles and includes seven counties and 100 municipalities. That area would not bepractical to use as the basis of a regional WIP. The region is too big and encompasses too manymunicipalities. Bringing that many stakeholders together would be unlikely to succeed. Further,the issues impacting the various portions of the region can be very different. Likewise, we alsosuggest that using Watershed Management Areas (which generally include many individualwatersheds) might be too big to effectively convene stakeholders, etc.Figure 8. Lower Millstone WatershedHow to Implement a Regional WIPIdentify the Region 12
While the Raritan Basin TMDL is too big on its own, it breaks the basin into watersheds andsubwatersheds. As illustrated in Figure 6 the basin is divided into Upper Millstone, Stony Brook andCarnegie Lake watersheds. As noted above, the Stony Brook Watershed has part of sixmunicipalities and two counties. See Figure 7. The Lower Millstone River Watershed, a region theWatershed Institute is convening, has part or all of 13 municipalities and four counties. See figure 8.Using these already-created regions is a very good place to start. If there is not a relevant TMDL,take a look at the HUC 11 level of watersheds. If that watershed consists of more than onemunicipality that is another good setup for a regional approach.Once the region is identified, who can be the convenor of the stakeholders and who are thestakeholders? Is there a watershed organization that can take the role of convenor? Is the countyplanning or engineering department available to play that role? Or is there a municipality with thestaff and resources to be the convenor? Does that municipality have a good relationship with itswatershed neighbors?Who are the stakeholders of the meetings? Obvious answers are each Municipality’s stormwatercoordinator. Other municipal stakeholders are municipal engineers and planners as well asenvironmental commission members. An important stakeholder is also getting at least one electedofficial at the meetings. These are the people that ultimately must be convinced that this is aworthwhile endeavor and will have to approve any contracts and funding. Experience in developingthe regional approach for the Stony Brook Watershed highlights the need for elected officials to bepart of the process. Having elected officials in the room allows them to hear the support from theircolleagues in other Municipalities, to have their questions answered directly and to hear thequestions and answers of other stakeholders. Their involvement increases their buy-in. Once the obvious stakeholders are identified, there are non-obvious ones. The first and a veryimportant one is county representation. Invite a member of the county planning department andengineering department. County commissioners should also be on the invite list for very similarreasons as the municipal elected officials. Identify the Stakeholders13Use the NJDEP’s TMDL Lookup Tool, Integrated Report, or HUC11watersheds to define a reasonable planning area. Avoid regions thatare:Too large (e.g., entire river basins)Too smallA good candidate will:Contain multiple municipalitiesShare pollution sources and hydrological connectionsAlign with a defined subwatershed with known TMDLs or WatershedManagement Plan
Are there other public institutions that have property in the focus watershed? Universities andcolleges, county agencies, and others may meet the definition of Public Complex and have their ownWIP requirements. Fortunately, these requirements meet the time frames of the municipalities MS4requirements. So, not only can they be another stakeholder at the table but participating in theprocess will also help them comply with their WIP requirements. To the extent counties havefacilities that meet the definition of public complex, the Public Complex MS4 permit will require thecounty or other entity to develop a WIP. The timeframes for Public Complex WIPs are on the sameschedule as the Tier A Municipal WIPs. The Public Highway MS4 permit also has a WIP requirementbut the timeframes are different from the Tier A and Public Complex permits. Even thoughcompliance timeframes are different, Public Highway Agencies will benefit from participating in theprocess and can benefit from the development of BMPs to solve the water pollution and floodingissues in the watershed. Does the county or state have roads in the focus watershed? The newly released Highway AgencyMS4 permit also has similar WIP requirements but on different timelines. Inviting them may helpthem get a jump start on their requirements and provide a more holistic and consistent look at thewatershed. The work done to develop the WIPs has to identify those issues that are outside thejurisdiction of the municipality. So those flooding and water pollution issues that are the result ofroadways owned by counties or the state will be identified by the municipal WIPs. To the extent thatthe highway agencies are participants in the regional WIP they are able benefit from identifyingthose issues they are responsible. It also brings together another player to the table that can helpfund the plan and provide locations and funding for solutions. Does it make sense to invite representatives from the local water utility? Yes. Water supplyutilities and NJ Water Supply Authority are looking at ways to protect their source water. This is thewater they use, treat and distribute to their customers. Any endeavor that helps reduce pollutionand reduces flooding can benefit water utilities. Also, they may have projects planned that canassist in meeting the requirements of the WIP. Even if the water utility does not have a project thatdirectly benefits water quality, they may be undertaking other work that adding a water qualitybenefit may be more economical than if pursued separately. For example, they may be digging up aportion of a road to replace water lines. Adding curb bumpouts to install a raingarden at the sametime may cost less than if the projects were done separately. They may also have funding availableto help develop the WIP and implement them. Even if a local environmental organization or watershed association is not playing the role ofconveyor, they can be a valuable player in the meetings. They have members that can be educatedand provide the public support for this project. They may have GIS capabilities, water quality data orother resources they can bring to the table. They should be invited. Other organizations may also be valuable to ask to the meetings. Land trusts may play a role inpreventing future pollutant generation by purchasing open space. If the watershed includes majoragricultural areas, then the NJ Farm Bureau, the county agriculture development boards and theUSDA Natural Resources Conservation Service can play valuable roles in TMDL implementation aspart of a regional solution. NRCS may also be helpful in non-agricultural land and streammanagement. Lastly, NJDEP may be a good stakeholder. NJDEP staff can help municipalities understand theirobligations under the MS4 permit in addition to help the group look at it not only as a MS4compliance requirement but on a more holistic watershed basis bring those resources and potentialgrant opportunities to bear. 14
All The RestMeetings should be organized as soon as possible. The meetings should be frequent until there is adecision made. The time to begin the Watershed Assessment Report is rapidly approaching for thisMS4 permit cycle. Municipalities must budget for it, which takes time. It also takes time tointroduce and adopt resolutions approaching the process. The consultant needs sufficient time toprepare the plan.How to Select the Consultant – Obvious options are to use one of the Municipality’s engineer,whether in-house or a consultant. Could the County engineering department play this role? Shouldthe group ask an outside consultant? The Watershed Institute, in conveying three regionalapproaches, (Stony Brook, Assunpink, and Lower Millstone) asked a consultant to develop a proposalto present to the group. Whichever approach is used, one of the questions that should be asked ofthe consultant is if they have any experience preparing a watershed plan? Do they routinely studywater quality and flooding issues? Is the engineer or consultant well versed in the MS4 permit andstormwater management? A successful regional WIP is more than an engineering exercise, but it isa comprehensive scientific study of the watershed paired with engineering, landscape architecture,land use planning, and regulatory solutions.Allocating the Cost- Once there is agreement by the municipalities on pursuing the regionalapproach, there are several important questions. First, how is the cost of the plan developmentgoing to be allocated amongst the participants? There may not be an obvious answer. There areseveral options. The cost can be divided equally between the participants. That is easiest, butsmaller municipalities will have a larger proportion of the cost compared to larger municipalities.Another approach is to allocate the cost in proportion to the amount of acres of the watershed in themunicipality. A third approach is similar, but it allocates the costs on a proportion of imperviouscover each municipality has in the watershed. The allocation can be by relative population.15Municipal Participants:Stormwater CoordinatorsEngineers and PlannersEnvironmental Commission MembersAt least one Elected Official (for political support and budget approvals)County Participants:Planning DepartmentEngineering DepartmentCounty CommissionersOthers:Watershed OrganizationsNJDEP StaffState Agencies (e.g., DOT, D&R Canal Commission)Water UtilitiesUniversities and Public ComplexesLand Trusts and Agricultural AgenciesNRCS and County Agriculture BoardsConvene stakeholders early and maintain regular, structured meetings tobuild trust and accountability.
Town NameTotal Acres withinSBWIC Acres withinSBW% of IC Acreswithin SBWEast AmwellTownship3465.87136.984.22% Hopewell Township16839.031184.8836.47% Lawrence Township2382.58253.037.79% Pennington Borough510.02194.075.97% Princeton7299.451293.9239.82% West AmwellTownship3751.95186.365.74% Grand Total34248.93396 3249.256121 100.00% Figure 9. Stony Brook Impervious Cover Numbers.Using the impervious cover cost allocation approach seems to be the most logical as the MS4program primarily addresses stormwater runoff from impervious cover. There may be optionsnot considered and there is no one right answer. Allocating costs according to the amount ofimpervious cover a municipality has in the watershed is the approach that the Stony BrookWatershed Municipalities ultimately took.However, the cost is allocated, it is important that enough municipalities within the watershedparticipate. If one or more municipalities that make up a significant portion of the watersheddoes not participate, going forward may be too expensive. For example, two municipalities inthe Stony Brook did not participate but their total impervious cover was less than 10% and wasreallocated to the participating municipalities. If that number was higher, the remainingMunicipalities may not have been able to absorb the cost. Thoughts must be given on how tocompensate for this. Does the group rethink the scale addressed by the plan? Can theremaining municipalities cover the additional cost? Are there grants that may be available tohelp reduce the cost and thus may be an incentive to keep the missing Municipality in theprocess or at least help compensate for the missing funding?16
Who retains the consultant? Like the question of who the convenor will be, who is entering into thecontract should be decided. It is recommended that one entity retains the consultant and thenthrough shared services agreements or other contracts the other participants commit to theprocess. While it is not impossible for each municipality to contract directly with the consultant todevelop a regional plan, the transaction costs and oversight obligations by the municipality negatesome of the cost savings to this approach. Additionally, a consultant may be less willing to prepareone plan when they must bill and collect from multiple parties. Project management can be a role the counties can play to assist their municipalities. Theconcept of shared service agreements is not uncommon to counties and municipalities. If it is acounty there may be a requirement for the county to send a request for proposal to develop theregional approach. Between preparing the RFP, receiving RFP and selecting the consultant cantake several months. Then the selection must be confirmed by the County Commissioners, whichis another reason having a county commissioner involved in the meetings is important. The sharedservices agreements must be prepared and signed by the municipalities. This may also requireresolutions by the municipalities. All of this can take months to accomplish. A municipality or a watershed organization may also be the one to engage the consultant. Howeverthis is settled, it is important that all of the participants are formally on board with the decisionand enough time is set aside to complete it so that the consultant has enough time to develop theregional plan.Public Meetings. The permit requires informational sessions for the public to learn and provideinformation. Also, the permit requires a public comment period on the Watershed AssessmentReport. A good practice is for there to be a public meeting on it to solicit feedback from the public.Each municipality can have its own public meeting, or the meeting can be a joint one for all themunicipalities. Either way the plan should be published on each municipality’s website andcomments collected and shared between the municipalities.As noted above, once completed, public comment received and incorporated, the plan issubmitted as part of each municipality’s Watershed Improvement Plan by December 2027. It is ourunderstanding from NJDEP that each municipality does not have to submit its own copy of theplan but can reference the plan submitted by one municipality.One last thing to consider is the regional projects. If the plan identifies regional projects how arethose going to get funded? The NJDEP will likely want to see legally binding commitment from thevarious contributor Municipalities to the funding and implementation of those projects. If aMunicipality is going to take credit in their WIP for reductions accomplished in anotherMunicipality, how is the Municipality on the hook to make sure that project is implemented? A final thing to consider is that many municipalities are in multiple watersheds. This should meanthat municipalities and counties are participating in several regional meetings and approaches.Can the same convenor convene with the other watersheds or does there need to be anotherconvenor?17
While the ideal time to enter into the development of the regional watershed-based WIP is at thebeginning, there may be fallback options if your Municipality decided to develop the plan inisolation. The permit requires municipalities to solicit input from various stakeholders includingother municipalities that share watersheds. Taking these opportunities to provide information is astarting point.9An informal method would be to direct your municipal consultant to reach out to the consultantsutilized by the other municipalities in the watershed. The consultants should seek common groundon what various contributions to surface water pollution; TMDL allocations, etc. That way theWatershed Assessment Report and final Watershed Improvement Plans are less likely to beinconsistent with each other.Another opportunity to reconcile inconsistent plans is during the public comment period. The MS4permit requires semiannual information sessions and must provide a 60-day public comment periodon the Watershed Assessment Reports. Each municipality must summarize the commentsreceived during the comment period and the changes made to the Plan Report as a result.10These are both opportunities to provide information to municipalities that share the watershed. Itwould be useful for the municipality to task its consultant to review the relevant WatershedAssessment Reports; revised its own WARs as appropriate and provide technical comments on theother WARs. Doing this will help highlight inconsistencies which could lead to plans that do notreduce flooding and improve water quality.Two items to consider with this approach. First, other municipalities may provide comments toyour WAR. Be prepared to address those comments. Maybe suggest the consultants meet andwork through their mutual comments. Second, there is a very short time frame to providecomments; and it is highly likely that all of the relevant WARs will be released for comment in arelatively short time period. The need to review multiple plans, provide comments and addresscomments will be significant. Time and resources will have to be allocated to this endeavor. Thislimited time to review and comment is another factor for the consultants to meet and discuss theirplans and adjust as appropriate.The last opportunity to retroactively work on a regional basis is the MS4 permit requires theWatershed Improvement Plans be updated when necessary. This means when NJDEP updates itsIntegrated Water Quality Assessment Report and that update impacts waters in relevantwatersheds or NJDEP adopts a TMDLs for the relevant watersheds, municipalities will have toexamine their plans and revise them to address the new/revised impairment or TMDL. This isanother opportunity for municipalities to look to the WIPs from other Municipalities that sharewatersheds and collaborate on revisions resulting in a more regional approach.11 When Is It Too Late?[1] 2023 MS4 permit, Section H(1)(b), page 42. https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/tier_a_full_permit_no_reponsetocomments-1.pdf[1] Id. at (c) and (f). Pages 39 and 44.[1] Id. at (i).Page 45.18Even if your municipality initially opted for a standalone WIP:You can coordinate with other municipalities during the public comment periodConsultants can meet to harmonize data and assumptionsPlans can be reconciled during future updates triggered by new TMDLs orIntegrated Reports
All municipal officials have witnessed the increasing impacts of weather causing flooding and theimpacts of flooding on the lives of its residents and businesses. Unfortunately, municipalities alsosee increasing water quality impacts from stormwater, stream erosion, or Harmful Algal Blooms(HABs) in its waterways. We are increasingly recognizing our interconnections with our immediateneighbors and those that are far downstream.Extreme and heavy rains continue to occur with increasing frequency and flooding is an all too oftenresult. The need to address flooding is harder and harder to ignore or take half measures. No onebenefits from ignoring opportunities to address flooding. Likewise, no one benefits from plans thatare developed that will not address problems and sit on shelves without implementation.Developing a watershed-based management plan for use by municipalities to comply with theWatershed Improvement Plan requirements can lead to efficient use of strained municipal staff andfinancial resources and lead to more effective and efficient projects. Ultimately, we will see areduction in flooding and improvement in water quality. The time to reengage on watershedplanning is now.Conclusion19Flooding and water pollution are worsening. Municipalities cannot solvethese problems alone.A regional approach to Watershed Improvement Planning:Saves time and moneyIncreases project effectivenessMeets MS4 complianceImproves public health and resilienceThe time to act is now.
MS4 Permits2023 Tier A MS4 permit - https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/tier_a_full_permit_no_reponsetocomments-1.pdf2024 Public Complex MS4 permit - https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/public-complex/njems-final-permit.pdf2025 Highway Agency MS4 Permit - https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/highway-agency-final-permit.pdfResponse to Comments for the Tier A MS4 Permit - https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/tier-a-response-to-comments.pdf2023 Tier A Stormwater Master General Permit Fact Sheet - https://dep.nj.gov/wp-content/uploads/njpdes-stormwater/2023-draft-tier-a-ms4-permit-fact-sheet.pdfWater QualityNJ’s Integrated Water Quality Assessment Report - https://dep.nj.gov/wms/bears/water-quality-assessment/integrated-report/The Watershed Institute Stream Watch - https://thewatershed.org/streamwatch/Watershed-Based PlansTMDLs - https://dep.nj.gov/wms/bears/tmdls/TMDL Look Up Tool - https://dep.nj.gov/njpdes-stormwater/municipal-stormwater-regulation-program/tmdl/NJDEP’s Info Page - https://nj.gov/dep/wms/bears/wbplans.htmEPA Information Page - https://www.epa.gov/nps/resources-watershed-planningWatershed Group Locator - https://thewatershed.org/group-locator/Resources20
☐ Identify the Convenor of the meetings:CountyMunicipalityEnvironmental OrganizationOther ☐ Identify Stakeholders: ☐ CountyPlanning DepartmentEngineering DepartmentCommissioner ☐ MunicipalStormwater CoordinatorEngineerPlannerEnvironmental CommissionElected Official ☐ Watershed Organization/EnvironmentalOrganization☐ Water Supply Authority☐ Local Drinking Water Purveyor ☐ NJDEPNJPDES Stormwater Permitting ProgramDivision of Water Quality ☐ Other State AgenciesRegional AgenciesPinelandsHighlandsDelaware & Raritan Canal CommissionOthers ☐ Others ☐ Identify the WatershedExisting TMDLHUC11Watershed Plan ☐ MeetingsSet up an initial meetingIn-personVirtualFrequency of MeetingsPreparation of meeting materialsWIP explanationWater Quality InformationExisting TMDLsMap of watershedImpervious Cover analysis of the watershed ☐ Selection of consultantCounty Planning/Engineering DepartmentMunicipal Planning/EngineeringOutside ConsultantWatershed PlansStormwater EngineeringOther ☐ Selection of entity to engage consultantCountyWatershed AssociationMunicipalityOther entityEach municipality contract with consultants ☐ Set up Individual MeetingsElected OfficialsCouncil/Committee MeetingsEC meetingsCounty Commissioner Meeting ☐ Passing of resolutions byCountyMunicipalityOthersImplementation Checklist21
WHEREAS, the Municipality of X as well as all municipalities are required by the 2023 MunicipalSeparate Storm Sewer System (MS4) permit to develop a Watershed Improvement Plan (WIP) toreduce flooding, reduce water pollution, meet the pollution reduction goals in Total Maximum DailyLoads and achieve designated uses for waterways within each municipality.WHEREAS, the Department of Environmental Protection encourages municipalities to interact withtheir neighboring municipalities and to develop the Watershed Improvement plans on a regionalbasis.WHEREAS, the proposed watershed management plan would study the current status of waterquality in the Lower Millstone River Watershed and its tributaries; develop a matrix of bestmanagement practices (stormwater management systems) to address the water pollutionimpairments and flooding; and identify potential locations, projects and costs within the watershedto reduce water pollution and reduce flooding.WHEREAS, the proposed agreement would help the municipality meet many of the obligations ofthe MS4 permit to develop the WIP.WHEREAS, it is anticipated that a regional approach for the Lower Millstone River Watershed willreduce costs in development and implementation of the Watershed Improvement Plan by workingon a watershed approach in comparison to a situation where each municipality does the requiredstudies and project development independent of the other Lower Millstone River Watershedmunicipalities.WHEREAS, X through its professionals has been engaging with the participants of the LowerMillstone River Watershed work group organized by The Watershed Institute. The group startedmeeting in October 2024, to discuss issues of stormwater management, flooding and waterpollution.WHEREAS, One Water Consulting, LLC proposed to develop the watershed management plan forthe Lower Millstone River for a total cost of $254,300. The cost of the plan is anticipated to bedivided amongst the participating municipalities. The proposed cost to X is not to exceed Y, whichis Z percent of the total cost of the proposed budget. Draft Model Municipal Resolution22A sample municipal resolution is included to help your town formallyauthorize participation in a regional watershed planning process, select aconsultant, and allocate funding. It complies with New Jersey's publiccontracting laws and pay-to-play rules.Key provisions include:Acknowledgement of MS4 permit requirementsSupport for regional collaborationAgreement to contribute a defined share of the total project costReference to the selected consultant and scopeAuthorization for contract execution under applicable NJ statutesCertification by municipal clerk
WHEREAS, One Water Consulting, LLC proposed to develop the watershed management plan for theLower Millstone River for a total cost of $254,300. The cost of the plan is anticipated to be dividedamongst the participating municipalities. The proposed cost to X is not to exceed Y, which is Z percentof the total cost of the proposed budget.WHEREAS, pursuant to N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contracts Law, X may award acontract for professional services without public advertising for bids; andWHEREAS, this contract is not being awarded as a “fair and open” contract as defined in N.J.S.A. 19:44A-20.7; andWHEREAS, pursuant to N.J.S.A. 19:44A-20.5., X may award a non-fair and open contract to a businessentity if, during the preceding one-year period, that business entity has not made a contribution that isreportable by the recipient under P.L. 1973, c.83, N.J.S.A. 19:44A-1 et seq. to any municipal committee ofa political party in that municipality if a member of that political party is serving in an elective publicoffice of that municipality when the contract is awarded or to any candidate committee of any personserving in an elective public office of that municipality when the contract is awarded; andWHEREAS, One Water has completed and submitted the required pay-to-play forms which certify thatOne Water has not made any reportable contributionsWHEREAS, the Certified Financial Officer has certified that X has appropriated sufficient funds forthese services in account; andWHEREAS, the term of this contract shall be eighteen months.NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of X, County of M, State of NewJersey, as follows:1.The Mayor and Council, or their designee, are hereby authorized and directed to enter into anagreement for the Lower Millstone River Watershed Management Plan for an amount not toexceed $Y without competitive bidding as a Professional Service in accordance with N.J.S.A.40A:11-5(1)(a)(i).2.The Term of this contract shall be for eighteen months.3.A copy of this Resolution, Pay-to-Play Forms, and contract will be kept on file in the Office ofthe Clerk.I, N, Municipal Clerk of X, do hereby certify that the above is a true copy of a resolution adopted bythe Mayor and Council of X at a meeting held [ ], 2025., Municipal Clerk23
This flowchart outlines the major milestones and dependencies for regional WIP development:Step 1: Identify the RegionUse TMDLs, HUC11 watersheds, or NJDEP datasetsSelect a manageable and hydrologically relevant areaStep 2: Assemble StakeholdersInvite municipalities, counties, agencies, utilities, and nonprofitsConfirm key participants including elected officialsStep 3: Convene StakeholdersHold kickoff meetingsDefine roles and expectationsSecure commitmentsStep 4: Hire ConsultantSelect qualified firm experienced in watershed planning and MS4Decide on contracting structure (county, municipality, nonprofit)Step 5: Develop Regional WIPConduct InventoryComplete Assessment ReportIdentify BMPs and capital projectsEstimate costs and funding sourcesStep 6: Public EngagementPublish draft planHost joint or individual public meetingsOpen and manage public comment periodStep 7: Finalize PlanIncorporate feedbackEnsure consistency across municipalitiesSecure legal agreements for regional projectsStep 8: Adopt and SubmitMunicipalities pass resolutionsSubmit WIP or reference regional version by December 2027Step 9: Implement and MonitorBegin construction or restoration projectsTrack milestonesUpdate plan as needed per new TMDLs or impairmentsFlowchart: Developing a RegionalWatershed Improvement Plan24
Don’t WaitThe success of New Jersey’s clean water future depends on regional cooperation. Watersheds don’tfollow municipal boundaries, and neither do the solutions to flooding and pollution.Watershed Improvement Plans offer a rare opportunity for municipalities to join forces, sharecosts, and make lasting, effective improvements.Start now. Convene your neighbors. Buildyour plan together.