The state Department of Environmental Protection will hold a virtual public hearing July 7 on its plan to delay by one year the implementation of the Resilient Environment and Landscapes (REAL) Rules, according to a notice published Monday in the New Jersey Register.
The controversial REAL Rules adopted on the last day of the Murphy administration were originally scheduled to take effect on July 20. The rules, strongly opposed by NJBIA, would require developers, businesses and homeowners of new or substantially renovated buildings in expanded flood zones to be elevated 4 feet above federal standards.
On Friday, the Sherrill administration announced it would seek to delay implementation of the REAL Rules by one year, until July 20, 2027, to “meaningfully engage with local leaders, communities and other stakeholders across New Jersey to get this right.”
The online public hearing regarding this extension will begin at 6 p.m. on Tuesday, July 7 via the Microsoft Teams platform. Anyone seeking to testify must preregister by 5 p.m. July 5. DEP will also accept written comments electronically until July 31.
According to notice published Monday in the New Jersey Register, the Department seeks to “identify whether targeted amendments may allow for streamlined or simplified permit reviews, while still serving the rules' critical goals.”
“The Department will engage with interested parties, including residents, municipalities, counties, regional planning entities, real estate developers, and members of the environmental, business, insurance, and real estate communities,” the notice said.
“As amendments to the adopted, but not yet implemented, regulatory standards subject to the legacy provisions may be made during this review, the Department proposes to extend the legacy period to avoid the confusion, unpredictability, and cost that could result from serial regulatory changes.”
The REAL rules apply to proposed construction, such as new development, redevelopment and substantial improvements to residential, commercial, and critical buildings and infrastructure that are regulated under the state’s Coastal Zone Management rules, Freshwater Wetlands Protection Act rules, Stormwater Management rules, and Flood Hazard Area Control Act rules.
NJBIA has argued the REAL rules are based on outdated science and were adopted without meaningful stakeholder collaboration or any credible economic analysis. The rules would saddle towns, developers, and residents with added regulatory burdens and increase housing costs in coastal and river communities.
NJBIA has led a nearly two-year effort to stop the REAL rules and in March joined with the New Jersey Builders Association in filing a notice of appeal in the Appellate Division of Superior Court to have the rules overturned.
The REAL rules are also opposed by more than 130 mayors, multiple municipal and county associations, and the New Jersey Business Coalition. In the Legislature, bipartisan legislation is pending that seeks to invalidate the REAL rules as inconsistent with legislative intent.
