Michele Siekerka President & CEO | New Jersey Business & Industry Association
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A. D. Bamburg | Sep 18, 2024

NJBIA launches video series highlighting issues with NJDEP's new land use rules

The New Jersey Business & Industry Association (NJBIA) has announced the release of a new online video series aimed at raising awareness about the proposed Land Use rules by the state's Department of Environmental Protection (DEP). The video series, titled 'REALity Check,' intends to simplify and highlight the significant impacts of these rules under DEP's Resilient Environments and Landscapes (REAL) reforms.

NJBIA Deputy Chief Government Affairs Officer Ray Cantor emphasized the importance of public awareness regarding these regulations. "We don’t expect the public or the press to read a 1,000-page rule, but they should all be aware of how extreme it is and what the bottom-line impacts are on residents throughout the state and our economy," said Cantor.

Cantor further explained that the goal of this series is to present information in an accessible format so that people can understand and express their concerns. "The purpose of this video series is to explain the consequences in a very short and palatable format so the public can understand and voice their concerns, so a greater number of mayors can continue to protest these rules and so our lawmakers in Trenton get involved before this overreach by the DEP is finalized. There’s a lot at stake here."

The videos will be available on NJBIA’s social media channels during the current DEP comment period for REAL Rules. The initial short-form videos released today include:

- **REALity Check 1: The REAL Story About DEP’s ‘No-Build’ Zones**

Description: This video questions whether DEP's proposed Land Use rules effectively create 'no build zones' due to stringent building restrictions.

- **REALity Check 2: How the DEP is Starting a Retreat of Shore and River Communities**

Description: This video discusses claims that DEP's Land Use rules may lead to a retreat from shore, bay, and river communities based on its own climate change strategy.

- **REALity Check 3: The Truth Behind the ‘Science’ of DEP’s Land Use Rules**

Description: This segment critiques DEP's establishment of 'Inundation Risk Zones' requiring construction five feet above current flood standards based on outdated science.

NJBIA has consistently opposed these proposed rules partly because they establish “inundation risk zones” requiring structures to be built or rebuilt significantly higher than existing flood elevation standards. Other contentious conditions include limiting impervious cover to 3% and requiring home sellers to inform buyers that their property might eventually be underwater.

Cantor criticized DEP for relying on outdated data from a 2019 Rutgers University study. "It is appropriate for the DEP to incorporate sea level rise in their updated land use rules, but sadly they are far too extreme in their projections and overly burdensome with these proposed regulations," he stated.

He added that no climate scientists predict such drastic sea level rises within 75 years, advocating instead for more moderate measures. "We continue to strongly encourage the DEP to focus on resiliency over retreat, and to use a sea level rise standard of 2 feet. That number is in line with generally accepted national and international projections and would still make New Jersey the most protective state in the nation."

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