On Monday, July 14, the NJ Department of Environmental Protection (DEP) held a virtual meeting with local government officials to provide an update on its Resilient Environments and Landscapes (REAL) rules.
During the information session, the Commissioner discussed changes to the DEP’s original proposed rules. The proposed substantial changes include the following:
- In response to reduced projected sea level rise estimates, the Commissioner proposed a change in the requirement that certain structures be elevated or constructed from 5 feet above ground level to 4 feet above ground level.
- A possible “compelling public need” exemption to affordable housing developers, where public safety is not jeopardized.
- A six-month grace period for developers with current projects from the time that the rule is adopted to submit permits that are not in compliance with the new requirements to be reviewed under today’s regulations.
- Revision of the extent of the proposed inundation risk zone.
- Additional details in “dry access” design and construction standards for buildings and roads.
- Provision that DEP will revisit the sea-level rise and precipitation data incorporated into the rule every five years and amend the regulations if appropriate.
The revised REAL proposal is scheduled for publication in the New Jersey Register on July 21st. The DEP’s release will be followed by a 60-day period for public comment. The League will review the proposed changes, provide timely updates, and submit comments to the agency.
Contacts: Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120, and Sadayah Q. DuRant-Brown, Legislative Counsel, sdurantbrown@njlm.org, 609-695-3481, ext. 137.