In written testimony today, NJBIA explained to the Senate and Assembly Environment committees how new Land Use rules proposed by the state Department of Environmental Protection will force a retreat from shore and coastal communities.
Simultaneously, the association took to the skies today with a banner plane over the Jersey Shore urging Gov. Phil Murphy to not force a shore retreat through DEP’s “Protecting Against Climate Threats” (PACT) rules, which now appear in the New Jersey Register.
“We strongly object to this rule proposal because it will significantly harm the economy of our shore and river communities and is premised on the policy that people and businesses should be forced to retreat from coast,” said NJBIA Deputy Chief Government Affairs Officer Ray Cantor.
“We do believe that we need to consider sea level rise in our planning efforts. However, this rule is based on flawed scientific assumptions and will force a retreat from the Jersey Shore and coastal communities.
“We ask that the Legislature perform its oversight functions and reject this rule proposal. Instead, the Legislature should promote policies on coastal resilience,” Cantor said.
ESTABLISHING NO BUILD ZONES
In his written testimony to the Senate Environment and Energy Committee and the Assembly Environment, Natural Resources and Solid Waste Committee, Cantor said the rule seeks “to prevent new, expanded, reconstructed, and even improved development” in a newly created Inundation Risk Zone (IRZ).
Cantor detailed how the IRZ is founded on the assumption of a highly unlikely 5.1-foot sea level rise by 2100, which is derived from an “outdated and flawed” Rutgers study.
He also said the rules subject any development in an IRZ to 3% impervious cover and that even improvements to an existing building without a footprint expansion can trigger those IRZ requirements.
“The goal of the rule is to force existing residents and businesses from these vast areas and to prevent new development from occurring,” Cantor wrote.
In his testimony, Cantor showed the potential impacts on property values and property taxes collected, how affordable housing will be reduced and how urban development will be reduced through the new rules.
Cantor also described how the regulations would create vast “no build zones,” with 43% of Cape May in an IRZ under the rule, and thus a “no build zone,” as one example.
“By placing stringent building standards, deed notices, and limiting the impervious cover requirements to 3% in the IRZ, the rules will effectively create ‘no build zones,’” Cantor said.
“While the total land covered by the IRZ may be low in comparison to the whole state, they can be significant in coastal areas and counties.”
To see Cantor’s full written testimony click here.
To access video of today’s banner plane flying over the Jersey Shore, click here.
More information on NJBIA’s fight against the DEP’s PACT rules can be found at njbia.org/stop_the_retreat
