New Jersey § 58:16a-68

§ 58:16a-68.

a. Any municipality, either alone or jointly with any other municipality, may establish

a plan, with the approval of the Department of Environmental Protection, for the size

and location of flood control facilities, including detention basins, in order to

minimize flood damage, to reduce stormwater runoff from new or existing development,

or to induce water recharge into the ground where practical. Notwithstanding any provision of this subsection to the contrary, for new development

the standards adopted pursuant to P.L.1993, c. 32 ( C.40:55D-40.1 et seq. ) shall be applicable. This subsection shall apply only to municipally-owned flood control facilities,

including detention basins, constructed on public property. b. Any municipality, either alone or jointly with any other municipality, may establish

a plan, with the approval of the Department of Environmental Protection, to maintain

the water level of any lake or reservoir within its borders at a level necessary to

provide an equivalent surface water safe yield established by the department for any

affected water supply system and protection against flooding. Any such plan shall (1) comply with the provisions of R.S.23:5-29 , P.L.1981, c. 262 ( C.58:1A-1 et seq. ), and R.S.58:4-1 et seq., (2) include a calculation of the quantity of storage necessary to achieve a given level

of flood control protection, (3) consider the environmental impact upon aquatic resources

and fish spawning, the impact upon recreational use, and the financial impact upon

all users of the lake or reservoir, and (4) consider any other criteria deemed necessary

by the department. The department shall hold a public hearing prior to approval of a plan to seek input

on the plan from any municipality that borders the lake or reservoir, or borders a

river, stream or brook that feeds into or flows from that lake or reservoir. The department shall issue its decision on the plan in writing and transmit a copy

thereof to each affected municipality and water supply purveyor prior to the effective

date of the decision. No plan that jeopardizes safe yield and the provision of adequate water supply or

reduces current safe yield levels of any lake or reservoir shall be approved by the

department. No plan within the area of jurisdiction of the New Jersey Water Supply Authority

may be established without the approval of the authority. c. Nothing in this section shall be construed to supersede any other State law that

applies to the construction of flood control facilities or the regulation of water

levels in lakes or reservoirs.