Downbeach towns are registering their opposition to the NJ Department of Environmental Protection’s proposed Resilient Environments and Landscape (REAL) rules that are designed to protect against increased climate threats.
The 1,057-page document governs flood hazard areas beyond FEMA’s floodplain management regulatory standards currently in effect.
The DEP suggests much of New Jersey’s coastlines will be under water in 75 years and establishes no build zones suggesting retreat from waterfront areas.
Local officials say the REAL rules do not consider the economic impact on real estate values, development and redevelopment across the state.
“These new rules will restrict development and push homes another 5 feet higher,” Ventnor Mayor Tim Kriebel said at the Sept. 12 Board of Commissioners meeting.
“My biggest problem with this is that is not going through legislative action. This was done by Executive Order by the governor,” Commissioner of Public Works Lance Landgraf said. “We just forced homeowners to raise their homes to elevation 12. Now, moving up to elevation 17 is ridiculous.”
Landgraf said officials understand climate change is real and will raise sea levels in future years, but the problem should be addressed by all stakeholders. He said three South Jersey coastal counties recently held two meetings with state legislators and DEP officials.
“We thought they were listening, but they didn’t change a darn thing in these rules that we asked them to do,” he said.
Additional height restrictions should be done incrementally, especially since many properties have already been elevated according to FEMA’s current height elevations, the resolution states.
“This will stifle development in our communities and will restrict development on barrier islands,” he said.
Landgraf said under the rule changes, even parking lots will need to be elevated.
“That’s the most ridiculous thing I’ve ever heard,” he said.
The state requires municipalities to abide by the current FEMA flood insurance rating maps (FIRM), which are currently in the process of being updated.
Opponents of the rules want the state to do a comprehensive, independent analysis of the economics surrounding REAL, and adopt any changes to existing FEMA maps in the Legislature.
Rules should be based on a 20- or 30-year timeframe that can be adjusted based on actual sea level rise. The REAL rules propose an 80-year timeframe.
Officials also want the state to provide funding to assist communities with the cost of implementing the rules, such as for elevating roadways.
The rules propose buildings be elevated to 6 feet above base flood elevation and a 3% impervious cover standard for site improvements, including the building, parking, driveways and sidewalks.
Requiring 6 feet of freeboard above base flood elevation will be “infeasible and unachievable” the resolution states.
Margate approved the resolution opposing the REAL rules without comment at the Sept. 5 Board of Commissioners meeting.
Longport Mayor Nicholas Russo said the Board of Commissioners would likely discuss the issue at their next meeting on Sept. 18.
To learn more about the REAL rules, see https://dep.nj.gov/njreal/
The final public hearing on the REAL rules, will be held virtually, 10 a.m. Thursday, Sept. 19. To register to testify, see https://dep.nj.gov/njreal/hearings/
The deadline to provide written comments on the REAL rules is Nov. 3. See https://dep.nj.gov/rules/rule-comment-form/
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