By JON HURDLE, CONTRIBUTING WRITER, NJ Spotlight 

Little more than a year after Tropical Storm Ida dumped record rains on much of New Jersey, the public is getting an opportunity to weigh in on a proposed new rule designed to protect inland areas from even bigger storms in the future.

The state Department of Environmental Protection scheduled two “engagement sessions” this week to hear comments on the proposed Inland Flood Protection Rule, released last week. The measure would raise building elevations in riverine areas — the height above the highest anticipated flood that a new building should be constructed — by two feet from current DEP flood maps, and by three feet from levels on maps by the Federal Emergency Management Agency.

The measure, which does not apply to existing structures, was first floated to business and environmental groups in May but prompted strong protests from the business community that said that making it more difficult to build in these areas would hurt builders and real estate agents.

‘I am assuming that they have abandoned the emergency rulemaking and are now proceeding with the normal rulemaking process. If so, we are thankful for this change of direction, and it removes many of our immediate concerns.’ — Ray Cantor, New Jersey Business and Industry Association

Critics also rejected DEP’s argument that the public faces “imminent peril” from flooding in inland areas, and it would be justified in implementing the rule on an emergency basis, without the public hearings and revisions that come with a regular rulemaking process.

The opposition led the state to drop its plans for emergency implementation in June, prompting protests from environmental groups who said the climate crisis demands an immediate response. They also noted that DEP was way behind schedule for publishing a rules overhaul called Protecting Against Climate Threats (NJPACT), which was launched by Gov. Phil Murphy in January 2020 and includes the measure on inland flooding.

No longer an emergency rule?

Now, the DEP appears to have dropped its plans for an emergency rule, and it said nothing about “imminent peril” in a press release announcing the virtual public hearings, suggesting that the measure will be conducted as a regular rulemaking. DEP spokesman Larry Hajna declined to say whether the rule is now subject to the longer rulemaking process.

Next week, the DEP will hold separate, invitation-only sessions on the new plan for developers and labor organizations; environmental groups; legislators and staff; and municipal and county officials, engineers and planners. The first three meetings, all online, are scheduled for Oct. 24; the fourth will be on Oct. 25.

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