New Jersey DEP Proposes Sweeping Climate Change Rule to Protect Against Future Flood Risks
Jay S. Kruse, P.E.
VP, Regional Director of Engineering
ESE Consultants, Inc.
August 15, 2024
The New Jersey Department of Environmental Protection (NJDEP) has officially proposed the Protecting Against Climate Threats (PACT) Resilient Environments and Landscapes (REAL) Rule, as published in the New Jersey Register on August 5, 2024. This ambitious regulatory overhaul aims to mitigate the escalating risks posed by climate change, particularly in coastal and flood-prone areas across the state.
The REAL Rule introduces significant changes across various NJDEP regulatory permitting programs, targeting new development, redevelopment, and substantial improvements to existing structures. Key provisions of the rule include the establishment of a new Inundation Risk Zone (IRZ) and a Climate Adjusted Flood Elevation (CAFE), both of which are designed to account for rising sea levels and increased flooding risks predicted to affect New Jersey’s coastal regions by the year 2100.
Key Provisions of the REAL Rule
- Inundation Risk Zone (IRZ): The rule proposes a new regulatory zone primarily in coastal areas and along tidal waters, where flooding and standing water are expected to become a daily reality by the end of the century. The IRZ is defined by adding 5 feet to the mean higher high water line elevation. Projects within this zone involving new residential developments, critical buildings, or substantial improvements to existing structures will need to meet stringent risk assessment criteria, including an alternatives analysis designed to discourage construction in high-risk areas.
- Climate Adjusted Flood Elevation (CAFE): In tidal flood hazard areas, the REAL Rule establishes a new flood elevation standard that adds 5 feet to FEMA’s 100-year flood elevation. This adjustment is based on conservative projections of sea level rise, which anticipate a rise of up to 5.1 feet by 2100.
- Enhanced Environmental Protections: The rule expands riparian zone buffers and imposes stricter limitations on wetlands and stormwater management, particularly in environmentally sensitive areas. For example, the rule imposes a 3% impervious cover limit in new “Critical Environmental Sites” and enhances the requirements for stormwater management in redevelopment projects.
- Statewide Impact: Although the IRZ primarily targets coastal areas, the rule’s impact extends statewide through increased buffer zones and enhanced stormwater regulations. These changes will affect development projects across New Jersey, not just those in coastal zones.
Industry Reaction and Public Participation
The New Jersey Builders Association (NJBA) has expressed strong opposition to the proposed rule, citing the severe impact it will have on the home-building industry. The NJBA is currently working with a coalition to oppose the REAL Rule and is urging its members to submit comments and examples of projects that will be adversely affected by the proposed changes.
Public hearings on the REAL Rule are scheduled for September 5, 12, and 19, 2024. The NJDEP is accepting comments on the proposal until November 3, 2024. The department has made the full 1,000-plus page proposal available online, and stakeholders are encouraged to review the details and participate in the public comment process.
The NJDEP’s REAL Rule represents one of the most comprehensive efforts to date to address the impacts of climate change on New Jersey’s environment and communities. If adopted, it will play a crucial role in shaping the state’s future development and environmental protection strategies.
For more detailed information, the NJDEP’s presentation on the core aspects of the rule is available online, covering sea level rise, environmental protections, and stormwater management.
Upcoming Public Hearings
- In-Person Hearing: September 5, 2024, at 6:00 PM at Ocean County College, Toms River, NJ.
- Virtual Hearings: September 12, 2024, at 2:00 PM, and September 19, 2024, at 10:00 AM.
For access to the hearings and further details on the REAL Rule, visit the NJDEP’s official webpage.
Jay S. Kruse, P.E. is the VP, Regional Director of Engineering at ESE Consultants, Inc.
ESE Consultants, Inc (ESE) is a wholly-owned subsidiary of Toll Brothers, Inc. ESE supports Toll Brothers residential, commercial, Apartment Living, and City Living teams with in-house surveying, planning, engineering, and environmental consulting services nationwide from New England to Seattle, Washington.
