Grant Lucking Chief Operating Officer | New Jersey Builders Association
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B. B. Urness | Oct 22, 2024

Concerns rise over New Jersey's proposed REAL rule impacting home building

The New Jersey Department of Environmental Protection (NJDEP) has proposed the Protecting Against Climate Threats (PACT) Resilient Environments and Landscapes Rule (REAL), which is generating significant concern within the home building industry. If implemented, the rule would affect development projects across the state by increasing buffer zones and altering stormwater management practices.

Industry stakeholders are being encouraged to express their concerns to local officials, as there is fear that the REAL Rule could render many development projects financially unviable and impact affordable housing calculations.

Several counties have voiced their opposition through resolutions. Atlantic County warns that "these rules will impact the availability of affordable housing, result in environmental equity issues, deter economic development," while Cape May County notes that new NJDEP rules typically follow legislative processes. Cumberland County believes these rules may conflict with existing housing obligations under recent legislation.

Hudson County has requested an analysis of the potential economic and social impacts on vulnerable communities. Monmouth County raises concerns about potential negative effects on real estate values and local economies, particularly in tourism-dependent areas.

Atlantic City officials are worried about economically burdened communities facing devaluation due to new land use regulations. Various municipalities in Cape May have also passed resolutions opposing REAL.

Critics argue for a more comprehensive approach to protecting coastal areas without harming local economies. Assemblyman Gerry Scharfenberger questioned whether Governor Phil Murphy's plan might lead to depopulation along the Jersey Shore. State Senator Vince Polistina emphasized a need for a thorough effort to safeguard the coast.

The NJ League of Municipalities and NJ Association of Counties have called for more time and moderation in implementing these changes, while CBS News reported on local leaders' opposition to raising houses at risk of flooding.

The New Jersey DEP aims for these sweeping climate change measures to mitigate future flood risks, but resistance remains strong among lawmakers and county officials who fear economic repercussions for shore towns.

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