NJBIA Deputy Chief Government Affairs Officer Ray Cantor presented a 1,057-page document at this week’s Energy Regulatory Conference, detailing the potential impacts of the New Jersey Department of Environmental Protection’s forthcoming Land Use rule proposals.
Cantor outlined four major components of the rule: provisions expanding flood areas based on an assumption of sea level rise, changes to stormwater management for redevelopment projects, the elimination of most permits by rules (PBRs) replaced by general permits-by-registration, and other various changes. The latter includes wetlands impacts, buffers on barrier islands, and directional drilling.
“There are hundreds, if not thousands, of little changes,” Cantor stated. “And even those little changes are sometimes going to have major impacts. All of them are going to have some impact on how you do business. And this is not just development. If you have a business, a facility that you’re operating, it’s going to impact the things you can or cannot do.”
Cantor focused primarily on the DEP’s proposal to incorporate sea level rise into flood hazard areas determined by Federal Emergency Management Agency (FEMA) mapping. This "climate adjusted flood elevation" assumes an additional 5 feet on top of the existing FEMA mapped flood elevation. For instance, if the current flood elevation is 6 feet above sea level, any development would need to be elevated by 11 feet plus an additional foot of freeboard.
Cantor expressed concerns about these standards being based on a 2019 Rutgers report which acknowledges 5 feet of sea level rise by 2100 as an unlikely scenario. He noted that no other state or international entity imposes such a high standard for flood sea level rise.
“The science has evolved,” Cantor said. “That 2019 report was based on certain projections, certain assumptions, certain expert judgments but not a lot of hard science behind it. They’re making an assumption that in 75 years from now, (land that does not currently flood) will be underwater. And they’re going to regulate you today based on that assumption and make you comply with all the requirements that are already part of the flood hazard rules.”
Cantor added that with New Jersey’s land sinking about one foot per century and warming waters, New Jersey could anticipate “between 2 and 3 feet of sea level rise” between now and the end of the century. He plans to submit comments and testimony during the comment period.
The Land Use rules termed PACT (Protection Against Climate Threats) and REAL (Resilient Environment and Landscapes) are expected to be officially proposed in July. Following this proposal will be a 90-day comment period and three public hearings.
