The New Jersey Business and Industry Association (NJBIA), along with other organizations, voiced strong opposition on Apr. 22 to the Department of Environmental Protection’s (DEP) Resilient Environment and Landscapes (REAL) rules, which are scheduled to take effect on July 19. The testimony came during a joint legislative hearing where stakeholders argued that the new regulations would increase costs and regulatory burdens for towns, residents, and developers.
The debate over the REAL rules is significant because it centers on how New Jersey will address climate change impacts while balancing economic growth and housing needs. Critics say the rules could worsen the state’s housing shortage by making development more difficult.
Jeff Kolakowski, president and CEO of the New Jersey Builders Association, said, “For a rule of this magnitude, the breadth of opposition signals that the stakeholder process fell short.” He added that DEP’s approach “goes beyond climate change” by fundamentally changing permitting programs without adequate analysis of economic impacts or property values. Kolakowski also stated that increasing regulatory burdens does not create economic growth and confirmed his association has filed a notice of appeal challenging the rules in court.
Ray Cantor, NJBIA Deputy Chief Government Affairs Officer, presented a printed version of the rule at the hearing. Cantor said, “What this debate is all about is the question of what regulatory standard should the department adopt on future sea level rise given the enormous uncertainty… in making such projections?” He emphasized that standards should be based on likely outcomes rather than extreme scenarios. Cantor also noted that any decision about abandoning certain communities should come from lawmakers: “If some areas can’t or shouldn’t be protected, we need to publicly have that conversation, and it should come from the Legislature, not DEP alone.”
Jersey City Mayor James Solomon raised concerns about how urban centers would be affected by increased regulatory requirements under these rules—particularly regarding affordable housing projects. The legislative committees held their discussion as part of considering a bipartisan resolution aimed at rescinding these regulations as inconsistent with legislative intent.
The NJBIA serves as one of America’s largest statewide employer associations representing private-sector employers throughout New Jersey according to its official website. It advances competitive excellence among its members while providing advocacy services and facilitating partnerships between businesses, government entities, and academic institutions according to its official website. Michele Siekerka currently serves as president and chief executive officer according to its official website.
Looking ahead, opponents plan further legal action while legislators consider whether to overturn or modify these controversial land use standards.