Creek Maintenance Guidelines for Kenilworth Property Owners
Clear, practical guidance for caring for creeks and streams located on private property in the Borough of Kenilworth.
Who Is Responsible?
Creeks and streams that run through private property remain private property, and the responsibility for their care and maintenance lies with the property owner. The Borough of Kenilworth and the State of New Jersey do not perform regular cleaning or maintenance on waterways located on private land. It is the property owner’s responsibility to keep these watercourses properly maintained in accordance with New Jersey Department of Environmental Protection (NJDEP) regulations.
Why Proper Creek Maintenance Matters
Waterways are an essential part of our community’s stormwater system. When creeks become clogged with debris, sediment, or overgrown vegetation, their capacity to carry water is reduced, increasing the risk of flooding on your property and downstream. Routine maintenance helps water flow freely, protects property, and preserves the health of the local watershed.
Activities That Do Not Require an NJDEP Permit
The following routine tasks may be performed without a permit, provided you do not disturb the stream bed, alter the channel, or harm aquatic habitats:
- Removing litter, trash, and small debris from the stream channel or banks by hand or with hand tools.
- Removing small, unattached branches or logs that are not embedded in the stream bed or banks.
- Trimming or cutting back overgrown vegetation or brush along the stream banks.
- Maintaining existing lawns and landscaping adjacent to the creek, provided no soil is disturbed within the stream.
- Planting native vegetation along stream banks to help stabilize soil and prevent erosion.
- Removing accumulated leaves, grass clippings, or yard waste from the watercourse.
Tip: Use hand tools where possible. If you’re unsure whether a task is considered “routine,” contact NJDEP before you begin.
Activities That Require an NJDEP Permit
Certain activities are regulated and require prior approval from NJDEP. Examples include:
- Dredging or removing sediment from the stream bed.
- Excavating, grading, or reshaping the stream channel or banks.
- Installing or replacing retaining walls, culverts, bridges, or other structures.
- Removing large trees or debris embedded in the stream bed or banks.
- Operating heavy machinery within the watercourse or its banks.
Flood Hazard Areas: All construction activities in a flood hazard area are regulated by NJDEP and Borough Ordinance (Chap 98 et. Seq.). Unauthorized work in or near waterways can result in enforcement actions and fines.
If unsure whether a proposed activity requires a permit, contact NJDEP before beginning work.
Learn More & Get Guidance
Protecting Your Property and the Community
By taking responsibility for the creeks on your property and following these guidelines, you play an important role in managing stormwater, reducing flood risks, and improving water quality throughout Kenilworth. Regular maintenance and compliance with state regulations protect your property and contribute to the well-being of the entire community.
Frequently Asked Questions (FAQ)
How often should I inspect the creek on my property?
It’s best to inspect your creek seasonally and after major rain events. Look for blockages, fallen branches, accumulated yard waste, or signs of erosion.
Who is responsible for removing fallen trees?
If a tree or large branch falls onto your private property—even into a creek—it is the property owner’s responsibility to remove it. If the tree is embedded in the stream bed or banks, NJDEP may require a permit before removal.
Can I use heavy equipment to clean the creek?
No. Operating heavy machinery within a watercourse or on its banks requires an NJDEP permit. Routine maintenance must be performed by hand or with hand tools.
What if my neighbor’s property is causing a blockage?
You may notify the property owner directly or contact the Borough for guidance. However, enforcement authority lies primarily with NJDEP when environmental regulations are involved.
How do I know if my property is in a flood hazard area?
You can review NJDEP Flood Hazard Area maps or contact the Borough’s Construction/Zoning Office for assistance. Properties in these areas are subject to additional regulations.