The New Jersey Business & Industry Association (NJBIA) has raised concerns over proposed land use rules by the state Department of Environmental Protection (DEP), which they argue could obstruct Governor Phil Murphy's efforts to expand affordable housing in New Jersey. This perspective was shared by NJBIA Deputy Chief Government Affairs Officer Ray Cantor in an op-ed published in ROI-NJ.
Cantor highlighted that the DEP's REAL PACT rules, introduced last summer and opposed by various officials and lawmakers, might counteract the governor’s initiatives. "In his State of the State address last month, the governor made a strong push for the reform of local zoning and planning rules to fulfill the mission of a broad affordable housing law he signed last year," Cantor wrote. He added that despite Murphy's call to ease outdated restrictions, the new land use regulations would pose significant barriers to constructing affordable housing compared to local ordinances.
The NJDEP is finalizing these Land Use rules, documented extensively across 1,057 pages. The guidelines establish "inundation risk zones" and "climate adjusted flood elevation" areas for new or redeveloped properties. Buildings in these designated areas must be constructed five feet above current flood standards.
Cantor criticized this requirement as being based on an outdated Rutgers study from 2019, which projects a low-probability flood risk much higher than other global climate science forecasts over the next 75 years. He also pointed out that such policies could effectively create 'no-build' zones due to stringent impervious cover limits for new homes.
"The policy will also effectively create ‘no-build’ zones by requiring no more than 3% of impervious cover for new homes – leading to what the NJDEP has promoted as ‘a managed retreat’ from the Jersey Shore," Cantor stated. This rule not only affects coastal developments but could also impact urban areas along tidal waters adversely.
According to Cantor, cities like Jersey City, Asbury Park, Atlantic City, and Camden face obligations to provide thousands of affordable housing units. However, achieving these targets becomes challenging with many parts falling within IRZs or CAFEs. "But given that many areas of those cities will be in these IRZs or CAFEs, reaching those affordable housing goals will be much more difficult, if not impossible," he noted.
Cantor urged Governor Murphy to reconsider these extensive regulations if his administration aims to meet its housing objectives successfully. He also called on mayors and county officials to oppose these measures and encouraged lawmakers' involvement in shaping policies affecting numerous residents and businesses.
To read the full op-ed click here.