The New Jersey DEP says its proposed NJPACT REAL rules will lessen the dangers of flooding like the Atlantic City street scene above. Shore businesses say it’s overkill.


By Bill Barlow, Atlantic City Press

The public comment period ended last year, but a war of words continues on proposed rules for New Jersey coastal development, designed to respond to a warming planet and rising sea levels.

A coalition of environmental organizations wants to make sure Democratic Gov. Phil Murphy gets the controversial rules in place as proposed by the end of his term and cited the potential for significant cuts to disaster response under President Donald Trump as adding to the urgency.

In a May 29 letter to Murphy, signed by the leadership of 16 New Jersey groups, they cited the work that went into the NJPACT REAL rules, developed by the state Department of Environmental Protection after a 2019 executive order from Murphy.

“These rules have been developed for more than four years with input from a wide range of stakeholders, including municipalities, advocates, scientists, and planners,” the letter reads. “They represent the best available science and standards to help New Jersey prepare for the future that is already upon us — one marked by rising sea levels, worsening storms, and growing threats to our communities.”

Short for NJ Protecting Against Climate Threats Resilient Environments and Landscapes, is different from local construction codes or federal flood zones because the rules look at projected future impacts from climate change.

As proposed, the rules would apply to new construction or substantial improvements, not to exiting structures. Homes, hospitals, businesses and critical infrastructure would need to be built taller, among other changes proposed.

The rules create an inundation risk zone, addressing the risk to homes and infrastructure from more frequent flooding, as well as adjusting coastal flood hazard areas and encouraging nature-based solutions, such as favoring living shoreline projects over extending seawalls.

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