The Statehouse in Trenton
By Joshua Burd
Two top business groups are going to court to block controversial land use and flood protection rules adopted on Gov. Phil Murphy’s last day in office, stepping up their defense against a program that they’ve long said will cripple development throughout the state.
The regulations, known as the Resilient Environments and Landscapes rules, are due to go into effect July 20 after being finalized in January by the state Department of Environmental Protection. But the New Jersey Builders Association and the New Jersey Business & Industry Association have filed a notice of appeal to halt their implementation, they announced late last week, blasting a program that would significantly expand flood-risk areas and raise the required elevations for new development in those regions.
They did so while noting that the filing is in no way a challenge against the new Mikie Sherrill administration, adding they wholeheartedly support the governor’s regulatory reform agenda and the prioritization of making housing more affordable.
“NJBA strongly supports climate resilience and environmental protection,” said Jeff Kolakowski, NJBA’s CEO and president. “But those goals must be pursued in a way that is legally sound, economically responsible and compatible with New Jersey’s urgent need for housing. The 1,000-plus page REAL rule goes far beyond sea level rise resilience and is laden with DEP wish list items that do little to nothing to improve resiliency. They are inconsistent with the state’s economic growth strategy, redevelopment goals, state plan and overall housing strategy.”
“Governor Sherrill has made affordability, ‘Getting to Yes’ permitting and government efficiency top priorities,” he added. “Her administration should not have to inherit the unintended consequences of a rushed rule adopted in the final few hours of the previous administration. The prescriptive and stringent standards of the rule ultimately hurt our state’s ability to adapt to climate change as communities will suffer from a lack of investment and flexibility in how to meet this challenge.”
The business groups are part of the coalition that have pushed back against the REAL rules in recent years, one that also includes a growing number of mayors in coastal towns and other impacted municipalities. Notably, the program vastly expands the state’s flood maps while adding another four feet of elevation to existing federal guidelines for new construction, part of a multiyear effort by Murphy’s team to address climate change.
The associations, which are being represented by Giordano, Halleran & Ciesla PC, also highlighted a new bipartisan resolution sponsored and introduced by state Senate President Nicholas Scutari that says the rules are inconsistent with legislative intent.
“In addition to this being the next strike against affordability in New Jersey, the rule was drafted without meaningful stakeholder collaboration or any credible economic analysis,” said Ray Cantor, NJBIA’s deputy chief government affairs officer. “It was fundamentally flawed, and its provisions were too numerous and complicated to be merged into one regulatory framework.
“Adding insult to injury, the Murphy administration left New Jersey on its very last day with a set of rules that will greatly increase the costs of housing in coastal and river communities, increase flood insurance costs or require flood insurance in areas that have never flooded and may never flood. Property values will also be lowered in some cases — all while impacting the state’s affordable housing goals.”
