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DEP presents REAL coastal rules, saying sea-level projections warrant tougher standards

Senate Environment Committee (joint with Assembly Solid Waste and Environment Committee) · August 1, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

New Jersey Department of Environmental Protection officials told a joint Senate/Assembly hearing that the pending REAL rules under the NJ PACT initiative would require developers to account for sea-level rise in coastal permits, expand flood-prone zones and raise first-floor elevation standards; officials also highlighted new public tools and lasting funding needs.

Nick Angarone, New Jersey's chief resilience officer and manager of the Department of Environmental Protection's Office of Climate Resilience, told a joint Senate and Assembly hearing that the state's pending REAL (Resilient Environments and Landscapes) rule package will change how coastal development is permitted by explicitly accounting for sea-level rise and climate-adjusted flood elevations.

"Climate change is real; it is here; it is now," Angarone said in opening testimony, and described REAL as a package that "incorporat[es] sea level rise into the elevations" used for permitting. He said the rules will base project elevations not on historical FEMA outlines alone but on a "climate-adjusted flood elevation," and that the proposal includes an "inundation risk zone" requiring vulnerability assessments for areas expected to be routinely inundated in coming decades.

Why it matters: DEP officials and multiple witnesses said the changes aim to reduce repetitive loss of public and private investments. Angarone said that current coastal rules do not adequately account for sea-level rise and that without reform "reconstruction of storm-damaged buildings and infrastructure" will continue to be built to outdated standards.

The DEP chief described practical elements of the proposal in plain terms: updated precipitation and sea-level science will be incorporated into building and stormwater design standards; projects in newly mapped at-risk areas will need additional vulnerability analysis; and redevelopment projects will face stronger stormwater requirements. Angarone cited a state projection that sea level rise is likely to reach about 2.1 feet by 2050 and reiterated a projection of roughly 5 feet by the end of the century.

The agency also highlighted consumer-facing measures tied to the broader policy package. Angarone said the flood disclosure law requires several state agencies to provide an online mapping tool so potential buyers can check whether a property falls into FEMA flood zones or other vulnerability categories; the DEP-hosted site is live at flooddisclosure.nj.gov, he said.

Multiple legislators pressed DEP about how REAL would affect rebuilding after events such as Sandy and about the rule's costs. Angarone said the rules stop short of creating an absolute no-build line but will increase costs and regulatory scrutiny in vulnerable areas, potentially disincentivizing development in some places. He asked lawmakers to consider providing sustained funding and technical support to help New Jersey's 564 municipalities respond to the new requirements.

What's next: DEP officials said the rule proposal will enter the formal comment-and-response period. The committee left the hearing record open for additional written testimony for two weeks.

(Reporting note: quotes and policy descriptions are drawn from witness testimony presented to the Senate Environment Committee and the Assembly Solid Waste and Environment Committee during the hearing.)