All three Downbeach towns have passed resolutions opposing implementation of the NJ Department of Environmental Protection’s Resilient Environments and Landscape (REAL) rules, adopted Jan. 20 as then-Governor Phil Murphy was leaving office.
The ruling requires municipalities to adhere to higher elevations for new construction in flood zones. The rule adds 4 feet to the height of the first floor joists of a new home, essentially increasing the height of the entire structure above the heights approved following Hurricane Sandy.
The New Jersey Builders Association and New Jersey Realtors sent a letter to Gov. Mikie Sherrill this week stating the new rules would substantially raise building costs, which is inconsistent with the new governor’s wishes. Sherrill has gone on record as wanting to make the state more affordable, improve government efficiency and get approvals out the door quickly to spur economic growth. She signed two Executive Orders that aim to streamline permitting and reduce costs.
They want her to embargo implementation until the consequences of the rule can be re-evaluated for economic stability.
“These principles are especially critical as New Jersey confronts a severe housing affordability crisis and mounting economic competitiveness challenges,” the builders group said. “The REAL rule directly conflicts with these objectives and was adopted without the cross-agency efficiencies contemplated by EO 4 and EO 5.”
Flood elevations are excessive, will increase development costs and building timelines, discourage investment and reduce market-rate and affordable housing, they said, noting mayors, counties, businesses, trade associations and the NJ League of Municipalities opposed the rule.
“Accordingly, we respectfully request that your administration hold the REAL rule for further review…doing so would allow for meaningful stakeholder engagement, rigorous economic and housing impact analysis, alignment with the permitting and regulatory reforms under EO4 and EO5, and for compliance with the state’s affordable housing laws and goals,” they wrote.
Ventnor passed its resolution at its last Board of Commissioners meeting, stating the rule change is “severely inadequate” and includes little evidence that it would solve any impacts from the effects of climate change.
The resolution adopted by local governments goes on to say the DEP overstepped its constitutional authority.
Cape May County joined Ocean and Monmouth counties in a legal battle against the newly enacted regulations that impose tougher construction requirements to protect homes from flooding caused by rising sea levels.
“Together, we are challenging regulations that we believe exceed legal authority, impose significant unfunded mandates, and create serious consequences for housing, infrastructure, and property rights throughout New Jersey’s coastal regions,” Cape May County Commissioner and Sea Isle City Mayor Leonard Desiderio said.
“When the DEP proposed these rules, they didn’t do it through the legislative process, they did it through the rule making process, which takes out both our Assembly and Senate legislative bodies,” said Ventnor Commissioner of Public Works Lance Landgraf, who is a professional planner. “They usurped the rulemaking process that everybody else follows. They are allowed to do it, it’s just not done very often.”
Many coastal communities want the rules nullified, he said.
Adding 4 or 5 feet to Base Flood Elevation in shore towns will cause problems with new construction, such as building on smaller lots, stairway access to the front door, and firefighting.
“Can our fire departments get their ladder trucks to the back of that home because it’s so high in the air now. It also creates aesthetic issues,” Landgraf said.
He said the rules are extreme and the state should come up with something more reasonable.
“I support it as well,” Mayor Tim Kriebel said. “There were some applications before the Planning Board that raised houses from their original 1920s elevation to 15 feet and they did a pretty good job keeping the aesthetics, but 4 feet more would be hard to imagine.”
The REAL rule kicks-in when a property owner makes improvements valued at more than 50% of the property’s value, creating disincentives for renovations, redevelopment and would impose significant economic burden for improving lower-priced homes.
The resolutions passed without comment in Longport and Margate.
The resolutions were forwarded to the governor, Senate President Nicholas Scutari and Assembly Speaker Craig Coughlin and other legislators.
Copyright Fideri News Network 2026
