News | 04 Aug 2025

Storm Water Management: A Cautionary Tale and a Call to Action

By Mark Harris, DVPLT Claims Manager

As we continue to navigate the complexities of municipal planning and infrastructure, it’s crucial to underscore the importance of thoroughly vetting decisions related to Storm Water Management. Many of you have likely experienced pushback from residents when changes are proposed under the Storm Water Management Act, and unfortunately, such resistance can escalate into costly and time-consuming litigation.

A recent case handled by the Trust serves as a powerful reminder of these risks. Originally filed in 2020, the claim was successfully resolved thanks to the collaborative efforts of the Township, our defense counsel, and the Trust staff. We prevailed at trial, a significant victory that deserves recognition and appreciation for all involved.

However, this case also highlights a critical lesson: had the Township not considered the Storm Water Management Act in its land improvement decisions, the result could have been disastrous. The court was prepared to issue a Permanent Injunction, which would have required immediate and expensive corrective actions, including the potential removal of the structure in question.

This case is a reminder that while we can celebrate our successes, we must remain vigilant. The risks associated with the Storm Water Management Act are real and growing. If you are ever faced with a claim or lawsuit involving storm water issues, please contact the Trust immediately. We are here to support you and ensure you have the resources and guidance needed to navigate these challenges effectively.

Thank you for your continued attention to this important matter.