The comment period for the New Jersey Department of Environmental Protection's (DEP) proposed Land Use rules has ended, but discussions around the regulations continue to intensify. Mayors and lawmakers at the New Jersey League of Municipalities conference have voiced concerns, echoed in editorial pages this week.
Legislative leaders from both parties, a notable New Jersey builder, and NJBIA's Ray Cantor share a consensus that the DEP's REAL rules are excessively stringent. They argue these regulations could harm the economy, make New Jersey less affordable, and create inequities in urban areas. The consensus is that the rule should be significantly revised or reconsidered.
Senate Republican Leader Anthony Bucco commented on the state's approach: "We see a problem and we take the most aggressive approach as quickly as possible... We have climate change. We have issues. But we’ve got to take an educated approach to it."
The DEP's rule spans 1,057 pages and introduces Inundation Risk Zones (IRZ) and a Climate Adjusted Flood Elevation (CAFE), requiring developments to be five feet above current flood standards. This standard is based on a predicted 5.1-foot sea level rise over 75 years with only a 17% probability according to a Rutgers University study from 2019.
Properties in an IRZ would need to adhere to a new 3% impervious cover standard, effectively making them no-build zones despite claims otherwise by the DEP. NJBIA has suggested using a more moderate two-foot standard aligned with national projections.
Deputy Majority Leader Paul Sarlo emphasized phased implementation: "A phase-in is important... But we just don’t have the ability to pay for it all in one shot."
Assembly Minority Leader John DiMaio expressed concern about regulatory authority: "We have unelected people doing rules and regulations that we have to live by."
Anthony Zarrilli of Zarrilli Homes highlighted potential financial impacts: "The provisions of the proposed rules are so extreme... companies like mine will face game-changing financial headwinds."
Ray Cantor of NJBIA warned of affordability issues: "The rule will expand the area where owners will have to buy costly flood insurance... For lower-income residents and families, this is beyond an unfair burden."
Opposition includes various municipalities and organizations urging changes or reversals since summer.
