NJBIA has expressed criticisms regarding the testimony given by NJDEP Commissioner Shawn LaTourette during the Assembly Budget Committee session. The statement by NJBIA Deputy Chief Government Affairs Officer Ray Cantor points to a number of issues within the Resilient Environment and Landscapes (REAL) rule proposal that they believe were not adequately addressed in LaTourette’s comments.
Commissioner LaTourette reportedly claimed that the proposed rules would not create no-build zones. However, Cantor highlighted that new or expanded developments in designated 'inundation risk zones' would need to be constructed 5 feet higher than existing standards and allow for less than 3% of impervious cover, effectively creating restrictions akin to no-build areas.
Cantor further critiqued the Commissioner’s assertion that property values would not be harmed by the requirement for these developments to have deed notices indicating future flooding risks, despite no previous history of flooding.
Concerns were also raised about the claim that the rules will not affect flood insurance requirements. Cantor pointed out that such determinations are not made by the DEP but by banks, which will protect their investments.
Regarding affordable housing, Cantor countered LaTourette’s dismissal of impacts on Governor Murphy’s housing goals. The NJBIA statement noted that the rules would significantly expand restricted building zones in coastal and tidal areas.
Cantor acknowledged that the DEP claims to use "the best science" to justify the new rules. He questioned this by noting reliance on a 2019 study predicting a flood risk over 75 years, which he suggested diverges from other international climate forecasts.
Touching on the Commissioner’s comments about opposition from "special interest groups," Cantor stated that NJBIA supports increasing the flood standard to 2 feet, aligning with climate science and FEMA projections, with adjustments made as necessary.
Cantor concluded by criticizing what he characterized as LaTourette’s downplaying of the rule's significance, stating, “To hear Commissioner LaTourette tell it today, this 1,000-page-plus rule is much ado about nothing. We find that’s irresponsible. While he continues to dismiss these concerns, we will continue to amplify why they represent the next major affordability shoe to drop in New Jersey if these rules are finalized as proposed.”
