Cape May County and its municipalities have adopted a resolution urging Governor Phil Murphy to consider a more incremental approach to the proposed Land Use Rules by the State Department of Environmental Protection (DEP). They request that the Legislature be engaged rather than enacting significant regulations through an Executive Order.
County officials and mayors have scheduled a press conference on Friday, Sept. 6 in Cape May Court House to discuss the potential impacts of these rules on the local economy.
A copy of the resolution and additional information, including an analysis on the REAL Rules prepared by Lomax Environmental Consulting, can be found at the County's official website.
The DEP’s proposed Land Use rules would create coastal inundation zones requiring five feet of elevation in new developments and redevelopment, which was previously exempt from state guidance. The rules also include guidelines around stormwater runoff.
The New Jersey Business & Industry Association (NJBIA) and other business groups, along with municipal representatives statewide, argue that these rules are too burdensome and would lead to financial hardships.
In a statement, Cape May County said: “The proposed REAL rules include higher regulatory building standards that will increase construction costs for public and private projects countywide, putting distress on low- and moderate-income families and establishing unachievable compliance standards for historic structures and public infrastructure projects."
The statement continued: "(They will) expand flood hazard areas that will shrink developable land and increase construction costs that will impact development and redevelopment opportunities including affordable housing, impact ADA access due to the new stringent height requirements for new roads and construction.”
Commissioner Director Len Desiderio commented: “My fellow County Commissioners and I acknowledge the importance of good environmental policy. Our County and its municipalities continue to practice coastal resiliency and high floodplain management standards in all public planning and infrastructure projects."
Desiderio added: “However, the REAL Rules based on sea level rise projections for 2100 with less than a 17% probability of occurring are too much too quickly. The unknown economic impacts are too great a concern for our county taxpayers."
He concluded with an analogy: "If Bryce Harper batted at a 17% success rate, he would be unemployed. That is why we are requesting the State take a more incremental approach and engage Legislators who serve their constituents' best interests rather than approving these Rules into law by way of Executive Order.”
