A group of state and local officials, including Assemblyman Paul Kanitra and several Shore town mayors, called on Mar. 9 for the New Jersey Department of Environmental Protection to pause a new land use rule that they say will have major impacts on coastal communities.
The officials argue that the rule, adopted on Jan. 20 during Gov. Phil Murphy’s last day in office, could significantly affect homeowners and businesses along the Jersey Shore by increasing costs and imposing new building requirements. The issue is important because it affects development standards in areas with extensive waterfront property, potentially changing how communities respond to rising sea levels and severe weather events.
Kanitra and mayors from his legislative district sent a letter to NJDEP Acting Commissioner Ed Potosnak demanding that the Resilient Environments and Landscapes rule be paused until legislative action can take place. They supported Senate President Nicholas Scutari’s resolution (SCR106), which calls for amending or withdrawing the rule established under Murphy’s New Jersey Protecting Against Climate Threats initiative.
“The repercussions and the impacts to our district, considering that we have the most waterfront property in the state, would be severe,” Kanitra said. “Republicans and Democrats alike are concerned about the impacts to homeowners and businesses: the additional massive areas of land that will now be in flood zones, additional height requirements on homes which are unrealistic, and the ADA compliance problems associated with the changes.”
One part of the new rules requires new or substantially improved structures to be elevated four feet above current Federal Emergency Management Agency base flood elevations. The letter from Kanitra’s group described these changes as “an unprecedented and deeply consequential overhaul of development standards that will fundamentally reshape our legislative district and have sweeping consequences for the entire State… [and] will significantly increase construction and redevelopment costs.”
Legal challenges have already begun. Ocean, Monmouth, and Cape May counties have initiated legal action seeking amendment or rescission of the rule. The New Jersey Business & Industry Association (NJBIA) joined with the New Jersey Builders Association last week to file an appeal in Superior Court against the regulation.
Businesses along the shore have delayed or abandoned projects due to uncertainty over how these rules might affect them, Kanitra said. In a recent video posted online, he appeared with Manasquan Mayor Mike Mangan to explain why they believe these regulations pose difficulties for homeowners.
“When the Legislature does its job, the 120 members here in New Jersey have to put aside ideologies and look at the data, and that data must include the total real-world impacts our residents and businesses face in real life, not some computer model that spits out a thousand possible futures,” Kanitra said. “And the laws the Legislature passes and the governor signs must take into account both environmental protection and economic vitality.”
The NJBIA is recognized as one of America’s largest statewide employer associations representing private-sector employers throughout New Jersey according to its official website. It advances competitive excellence among its members while providing essential information, advocacy services, partnerships with government entities and academic institutions, as well as cost-saving benefits according to its official website. Michele Siekerka serves as president and chief executive officer according to its official website.
Mayors from Manasquan, Bay Head, Brick, Brielle, Lavallette, Mantoloking, Point Pleasant Beach, Sea Girt, Seaside Heights, Seaside Park, South Toms River, Island Heights, Spring Lake Heights—and others—signed onto Kanitra’s letter.
