The state Department of Environmental Protection (DEP) on Monday initiated a 90-day public comment period for its proposed amendments to land use rules. The DEP asserts that these changes will enhance resilience to sea-level rise and flooding, while business groups argue they represent regulatory overreach.
The New Jersey Business & Industry Association (NJBIA) has expressed strong opposition to the new land use rules. NJBIA Deputy Chief Government Affairs Officer Ray Cantor recently testified at a legislative hearing, stating that the draft rules are based on flawed scientific assumptions and would necessitate a retreat from the Jersey Shore and coastal communities.
The DEP’s Resilient Environments And Landscapes (REAL) rules, part of its New Jersey Protecting Against Climate Threats (PACT) suite of regulations, were published Monday in the New Jersey Register, marking the start of the 90-day comment period.
The PACT rules respond to a 2020 executive order from Governor Phil Murphy requiring the DEP to update its regulations to “integrate climate change considerations” into various regulatory and permitting programs affecting land use, water supplies, stormwater and wastewater management, air quality, solid waste management, site remediation, and more.
According to the DEP, New Jersey is pioneering efforts by modernizing land-resource protection regulations to address both current and future impacts of climate change. The primary flood protection measures under REAL would apply to new construction and redevelopment activities.
The DEP announced it would hold three public hearings on the proposed rules:
- An in-person hearing on Thursday, Sept. 5 at 6 p.m., at Ocean County College's Gateway Lecture Hall #104 (Bldg. #101), College Drive, Toms River.
- A virtual hearing on Thursday, Sept. 12 at 2 p.m.
- A virtual hearing on Thursday, Sept. 19 at 10 a.m.
For information about testifying or submitting written testimony at any of the September public hearings on the REAL regulations, visit the DEP’s website.
