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Atlantic County adopts amended resolution urging state to withdraw or revise DEP coastal regulations
Summary
After a technical presentation and public comment, the Atlantic County Board of Commissioners amended and adopted a resolution asking the state to withdraw or revise proposed DEP coastal regulations, citing economic and infrastructure impacts on the county's barrier islands and river communities.
Peter Lomax of the Lomax Consulting Group told the Atlantic County Board of Commissioners the New Jersey Department of Environmental Protection's proposed coastal regulations would use a planning horizon through the year 2100 and apply a conservative five-foot sea-level-rise projection, creating a new “inundation risk zone” and raising the 100-year flood elevation by five feet.
"It puts 59,000 acres of Atlantic County into the inundation risk zone," Lomax said, calling that just under 17% of the county's land mass and warning that nearly 30% of the county could fall into expanded flood hazard areas. He described regulatory effects that would require deed notices, separate permitting for development in inundation risk zones and dry-access requirements for occupied buildings in fluvial-impacted areas.
Planning director Renee Knowles told commissioners staff is preparing separate, detailed written comments but supported the board acting now on a pause or stronger language to press the state. "We are considering, separately, putting together comments that, you know, more strongly oppose and go point by point with some of these rules," Knowles said.
Tim Boutella of Boutella Associates, representing many coastal municipalities, urged the board to adopt stronger language and noted broader regional action: "In Atlantic County alone we have an $8,000,000,000 tourism industry annually," he told the board, saying the economic impact merits a better-funded, phased approach that includes assistance for homeowners and businesses.
Commissioners expressed concern that the rulemaking was advanced administratively rather than through the legislature and about practical impacts on redevelopment, assessed values and accessibility. Several commissioners argued the county should ask the state to withdraw the proposed regulations and work with the legislature, FEMA, the Army Corps and local governments on a funded and phased strategy.
Commissioner Gatto moved to amend the resolution to incorporate language drawn from state legislative guidance proposed by Senator Paulistina asking for withdrawal and a comprehensive, funded strategy; Commissioner Parker seconded. After limited public comment, the board adopted the amended resolution on a roll-call vote (motion carries; one 'No' was recorded). The resolution directs county staff to submit comments reflecting the board’s amended position and to encourage municipalities and residents to participate in the DEP public-comment period ending Nov. 3, 2024.
The board's action was procedural: it requests state-level withdrawal and collaboration and does not change any county permitting rules. Lomax and county staff said separate technical comments and outreach are planned to address rule specifics.
