Wayne Staub Chief Business Relations Officer | New Jersey Business & Industry Association
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B. B. Urness | Nov 5, 2024

New Jersey business group urges withdrawal of proposed land use rule

The New Jersey Business Coalition, comprising the New Jersey Business & Industry Association (NJBIA) and over 100 other business groups, has called on the state's Department of Environmental Protection (DEP) to withdraw its proposed PACT REAL land use rule. The coalition suggests that the current proposal is too extensive and should be divided into several separate rules.

In a letter submitted during the public comment process, the coalition criticized the 1,057-page proposal as problematic. "The process of developing this rule was fundamentally flawed," they stated. They argued that the provisions are "extreme, unworkable, and harmful" to affordable housing and commercial development.

The coalition expressed concerns about various aspects of the rule, including its predictions for sea-level rise and new Inundation Risk Zones (IRZ). They argue these projections could negatively impact economic growth by creating regulatory flood zones in areas unlikely to flood. "It will drive up the cost of housing and all development at a time when affordability is already a major concern," they noted.

Furthermore, the creation of IRZs would impose a 3% impervious cover standard in certain areas, leading to vast no-build zones. This would hinder urban redevelopment efforts in cities like Hoboken and Jersey City. The coalition wrote that such measures could "freeze development in time" and lead to decline.

Additionally, they argue that these rules conflict with state affordable housing mandates by complicating development processes. "We cannot have a prosperous society... if residents cannot afford to live here," they emphasized.

The coalition also criticized DEP's preference for managed retreat from vulnerable shorelines as an extreme measure needing legislative input rather than bureaucratic decision-making. They advocated for a more comprehensive approach involving public input.

The full letter from the New Jersey Business Coalition includes signatures from 111 entities supporting their stance against the proposed regulations.

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