Jersey City Mayor James Solomon has joined other public officials in calling for major revisions or an end to the recently implemented New Jersey Department of Environmental Protection (NJDEP) Resilient Environment and Landscapes (REAL) regulations, according to an April 6 letter sent to Senate President Nicholas Scutari.
Solomon said the rules would create significant challenges for development and affordable housing efforts in Jersey City. “We are not asking the state to abandon climate preparedness, instead we are asking for rules to be reasonably tailored to the needs of cities like Jersey City,” Solomon wrote. He added, “Our top planning and infrastructure officials have reviewed the REAL regulations, and based on their analysis we believe that the rules—in their current form—would impose serious, unworkable burdens on development, rehabilitation, and renovation in Jersey City, critically including our efforts to build substantially more affordable housing.”
The new land use rules were adopted by Governor Phil Murphy at the end of his term. They require increased elevation standards for new construction in expanded flood zones and stricter limits on building in areas designated as Climate Adjusted Flood Elevation (CAFE) zones. Critics argue these measures will increase costs, lower property values, impede affordable housing projects, and lead to what some describe as a “managed retreat” from coastal areas.
Opposition has come from both business groups and lawmakers. Last month Assemblyman Paul Kanitra and several mayors requested that NJDEP Acting Commissioner Ed Potosnak pause implementation until legislative review is complete. The New Jersey Business & Industry Association (NJBIA) along with the New Jersey Builders Association filed a legal challenge against these regulations in state court. Scutari also introduced a bipartisan resolution seeking repeal of the rules due to concerns about legislative intent.
Scutari said in a statement that provisions requiring homes built four feet above Federal Emergency Management Agency standards could undermine affordability initiatives: “As Governor Sherrill has rightly indicated, some regulations have gone too far with impacts on business and, most significantly, impede affordability for the residents of New Jersey.” Ray Cantor of NJBIA said support for repeal comes from across New Jersey’s business community: “For 20 months, we showed numerous examples of how the DEP under the Murphy administration was going well beyond its statutory authority with its proposal… The process of developing the rule was fundamentally flawed and its provisions were too numerous and complicated to be merged into one regulatory framework.”
Solomon further expressed concern over how exemptions for affordable housing projects would work under these rules: “While the NJDEP has included a theoretical exemption for affordable housing projects, it is already apparent that the process to get such exemptions will be murky and onerous on top of a process that already includes numerous regulatory hurdles that increase costs… In practice, the increased costs of construction and rehabilitation driven by these rules will make affordable housing development significantly harder to finance and build. We cannot accept a framework that treats affordable housing exemptions as a last resort rather than a genuine priority.”
The debate involves organizations such as NJBIA which serves as the nation’s largest statewide employer association representing private-sector employers throughout New Jersey while facilitating partnerships among businesses, government entities, and academic institutions according to its official website. Michele Siekerka leads NJBIA as president and chief executive officer according to information provided by NJBIA. The association focuses on advancing competitive excellence among members through advocacy services designed for business prosperity as stated by NJBIA.
As legal challenges proceed through state courts alongside ongoing legislative action regarding potential repeal or revision of REAL regulations—stakeholders continue debating how best balance climate preparedness with economic growth.
