The New Jersey Business & Industry Association (NJBIA) has raised concerns about the impact of new land use rules proposed by the state's Department of Environmental Protection (DEP) on affordable housing obligations. These rules, known as Resilient Environments and Landscapes (REAL), establish expanded "inundation risk zones" based on what NJBIA describes as outdated science. The regulations would require structures to be built or rebuilt five feet higher than current flood elevation standards.
Ray Cantor, NJBIA Deputy Chief Government Affairs Officer, criticized the DEP's approach, stating that it creates "'no build' areas" and extends flood mapping into regions unlikely to experience flooding. He argued that these changes complicate development processes and increase regulatory requirements, counteracting state policies aimed at promoting affordable housing. "We cannot have a prosperous society and a robust economy if the residents of the state cannot afford to live here," Cantor said.
The REAL rules also limit impervious cover on new construction in inundation risk zones to just 3%. Additionally, modifications to stormwater regulations could hinder urban redevelopment projects by imposing rural area standards on them. Cantor highlighted this issue, saying, "This proposal changes the stormwater requirements so that a redevelopment project in an urban area would need to meet the same stormwater requirements as if it were being built in a greenfield in a rural area."
Earlier this year, Governor Phil Murphy signed legislation standardizing affordable housing obligations across New Jersey municipalities. On October 18th, the Department of Community Affairs released calculations detailing how many low- and moderate-income housing units each municipality must plan for by 2035. Cities like Jersey City, Asbury Park, Atlantic City, and Camden are significantly affected by these new regulations due to their obligations to provide thousands of affordable housing units.
Cantor acknowledged that building affordable housing in frequently flooded areas might not be advisable but criticized the proposal for unnecessarily restricting prime real estate based on extreme projections. The DEP's flood elevation standard is based on a prediction from a Rutgers University study suggesting sea levels will rise five feet by 2100—a data point Cantor described as having low confidence.
"The Department should use a likely sea level rise standard of 2 feet," Cantor suggested, aligning with national and international projections while maintaining New Jersey's protective stance against rising seas. He emphasized that there is ample time—75 years—to adjust if trends indicate higher sea level rises.
