Environmental advocates criticize Sherrill administration over REAL flood rules

New Jersey environmental advocates are criticizing the Sherrill administration for seeking to extend a transition period for new flood and land-use regulations, arguing the move could leave residents, businesses and local governments more vulnerable to flooding.

The groups are urging Gov. Mikie Sherrill to move quickly to preserve and strengthen the Resilient Environment and Landscapes, or REAL, rules as her administration reviews regulations adopted under former Gov. Phil Murphy.

The New Jersey Department of Environmental Protection adopted the REAL rules in January, updating regulations governing coastal development, wetlands, stormwater management and flood hazards.

The Sherrill administration has proposed extending the rules’ legacy period while DEP considers potential changes. The department says the review is intended to identify targeted amendments that could streamline permitting while continuing to protect life and property.

The legacy period allows certain permit applications that were sufficiently complete before the REAL rules took effect to continue being reviewed under the previous regulations.

“Rolling back flood protection regulations puts the people of New Jersey directly in harm’s way,” said Jennifer Coffey, executive director of the Association of New Jersey Environmental Commissions.

“This regulatory backsliding is at the request of big developers who have sowed disinformation about the REAL rules to the benefit of their own profit margins,” Coffey said. “We urge Governor Sherrill to re-adopt strong flood protection regulations immediately to protect the lives and homes of New Jersey residents.”

DEP says the REAL rules were designed to account for climate change, including sea-level rise, extreme weather and chronic flooding. Nearly two-thirds of New Jersey’s coastline is already at high or very high risk of coastal erosion, while 98% is projected to face medium to very high risk from sea-level rise, according to the department. More than 500,000 acres of New Jersey are considered highly vulnerable to coastal hazards.

The original 180-day legacy period expired July 20. DEP has proposed extending it through July 20, 2027, saying the additional year would give the department time to consult with municipalities, counties, developers, environmental groups, businesses and other stakeholders before deciding whether to modify the rules.

Environmental groups argue another year could mean additional development under standards that do not account for future flood risks.

Michael Klein, director of government relations for the Pinelands Alliance, said the delay could affect protections for the Pinelands and its groundwater resources.

“Any delay in implementing the NJPACT REAL rule delays the protections New Jersey families, businesses, and communities need from worsening floods,” Klein said.

Danielle McCulloch, executive director of the American Littoral Society, said the rules address both flood risks and the long-term costs associated with development in vulnerable areas.

“In a densely developed state surrounded by water, the REAL rules address two of our biggest issues: flood safety and affordability,” McCulloch said. “Strong, evidence-based construction standards will help New Jerseyans build safer homes and communities today, rather than leaving families and taxpayers to pay for preventable flood damage tomorrow.”

Jim Waltman, executive director of The Watershed Institute, also criticized the proposed extension.

“Delaying the NJPACT REAL rule delays the protections New Jersey families, businesses, and communities need from worsening floods,” Waltman said.

The REAL rules include new elevation requirements for certain residential development, expanded stormwater management requirements for some redevelopment projects that were previously exempt, new permitting provisions for nature-based restoration projects and additional wetland protections.

Environmental groups say the regulations would require certain new homes and critical facilities in flood-prone areas to account for current and projected flood levels while strengthening stormwater requirements intended to reduce runoff.

DEP has defended its review as an effort to balance environmental protections with development and permitting concerns. The department said it would seek input from residents, municipalities, counties, regional planning organizations, developers and representatives of the environmental, business, insurance and real estate industries before determining what changes, if any, should be made.