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About Water Law in Cherry Hill, United States

Water Law is a specialized area of law that governs the use, management, allocation, and protection of water resources. In Cherry Hill, which is located in Camden County, New Jersey, Water Law encompasses a variety of legal issues including water rights, water quality regulation, property rights regarding water use, and compliance with federal, state, and local regulations. With both public and private parties relying on access to clean and sufficient water, understanding the laws that regulate water supplies, usage rights, and protection against contamination is vital for property owners, residents, developers, and businesses in Cherry Hill.

Why You May Need a Lawyer

There are several scenarios where someone in Cherry Hill may need the help of a lawyer who specializes in Water Law. Common situations include:

  • Disputes about the right to use surface water or groundwater between neighboring property owners
  • Concerns over water contamination affecting private wells, developments, or public water supplies
  • Negotiating or contesting water utility rates or service interruptions
  • Compliance issues involving permits to construct or modify wells, stormwater management systems, or sewer connections
  • Litigation related to flood damage, run-off, or water-related damage on your property
  • Regulatory enforcement actions by state or local authorities
  • Issues with water access related to land development or redevelopment projects
  • Protecting water rights for agricultural, commercial, or industrial use

A lawyer experienced in Water Law can provide guidance on applicable regulations, represent you in court or before regulatory agencies, and help protect your rights and interests.

Local Laws Overview

Cherry Hill is subject to a network of federal, state, and local laws that influence Water Law matters:

  • New Jersey Water Supply Management Act: Controls the allocation and use of the state's water resources and sets forth requirements for large water users.
  • New Jersey Stormwater Management Rules: Mandate how municipalities like Cherry Hill must manage stormwater from developments, to prevent flooding and contamination.
  • Pinelands and Delaware River Basin Commission Rules: Certain locations within or adjacent to protected zones are governed by additional regional water resource rules.
  • Local Zoning and Land Use Regulations: Cherry Hill Township has ordinances that govern construction near waterways, the use of wells, and stormwater run-off management.
  • Federal Clean Water Act: Applies to water pollution and discharges into surface waters, with local implementation and enforcement often handled by state agencies.
  • Private Well Construction and Testing Standards: The New Jersey Private Well Testing Act requires well testing during property transactions to ensure safe drinking water.

It is important to know which set of rules apply to your situation, as different agencies and ordinances can impact water usage, rights, and responsibilities depending on the location and type of issue in Cherry Hill.

Frequently Asked Questions

What types of water rights exist in Cherry Hill, New Jersey?

Water rights in Cherry Hill generally fall under riparian rights, which means property owners adjacent to water sources have the right to reasonable use, provided it does not harm downstream users. Groundwater use is subject to state regulation, particularly for large withdrawals.

Can I dig a new well on my property in Cherry Hill?

Digging a well usually requires permits and must comply with New Jersey Department of Environmental Protection (NJDEP) regulations and Cherry Hill Township ordinances, including proper location and construction standards.

How is water contamination handled legally in Cherry Hill?

Water contamination is regulated by the NJDEP, local health departments, and in some cases, federal agencies. Legal remedies may include cleanup orders, enforcement actions, and lawsuits for damages or remediation costs if contamination impacts property or health.

Who is responsible if a neighbor’s actions alter water run-off onto my land?

If a neighbor’s alterations increase water run-off that causes damage to your property, you may have legal grounds to seek corrective action or damages under New Jersey’s drainage and nuisance laws.

Do I have to test my well water before selling my home?

Yes. The New Jersey Private Well Testing Act requires well water to be tested for contaminants during most real estate transactions, and results must be disclosed to buyers.

What agencies regulate water utilities in Cherry Hill?

The New Jersey Board of Public Utilities regulates water utility providers, while local municipal utilities and private companies may also operate within Cherry Hill.

How are stormwater issues managed for new developments?

New developments in Cherry Hill must comply with state and local stormwater management requirements, including the use of retention basins, green infrastructure, and erosion controls, to minimize run-off and protect water quality.

Can a business discharge wastewater into local waterways?

Discharging wastewater requires permits from NJDEP and must comply with the Clean Water Act. Unauthorized discharges can result in significant penalties.

How do droughts or water restrictions affect my water rights?

During droughts, the state may impose water use restrictions that can temporarily limit or prioritize water usage to protect public health and essential services.

What should I do if I receive a notice about a water law violation?

Consult a lawyer familiar with Water Law right away. Respond promptly to all notices and gather information about the alleged violation. Failing to address the issue can result in fines or legal enforcement actions.

Additional Resources

Those in need of legal advice or more information regarding Water Law in Cherry Hill may find the following resources valuable:

  • New Jersey Department of Environmental Protection (NJDEP) - Bureau of Water Allocation
  • New Jersey Board of Public Utilities (BPU)
  • Cherry Hill Township Environmental Board
  • Camden County Department of Environmental Affairs
  • New Jersey Pinelands Commission (if property is in or near Pinelands)
  • Delaware River Basin Commission
  • South Jersey Legal Services (for those who qualify for low-cost legal aid)
  • Local private law firms with environmental and water law practices

Next Steps

If you encounter a Water Law issue in Cherry Hill, begin by gathering any relevant documents such as deeds, water test results, permits, notices, or correspondence related to your water concern. Clearly document the situation, including dates, events, and photographs if relevant. Reach out to a lawyer with experience in Water Law or environmental law in New Jersey for an initial consultation. Many attorneys offer a free or low-cost first meeting to assess your case. If the issue involves state or local authorities, comply with all legal timelines to respond. Stay informed using local and state agency resources, and do not hesitate to seek professional help to protect your rights and interests regarding water access, use, or compliance in Cherry Hill.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.