Ocean County leaders push back on REAL flood zone rules

Star News Group

But environmentalists say they’re necessary

By Lianna Bass

JERSEY SHORE — Shore municipalities remain at odds with the New Jersey Department of Environmental Protection’s (NJDEP) rollout of stricter flood zone regulations.

The Resilient Environment and Landscape (REAL) rules — more than five years in the making and signed by Gov. Phil Murphy on his last day in office, Jan. 20 — require new or substantially improved buildings in tidal flood zones to be elevated a total of five feet. The over 1,000-page REAL rule document outlines the new zoning standards municipalities will be required to comply with after a six-month grace period.

Environmental officials argue that these new rules are revolutionizing the way the state approaches coastal resilience by adopting a forward-looking approach to climate change, rather than basing regulations on past data.

In response to the REAL rules, state Senate President Nicholas P. Scutari recently sponsored SCR 106, a Senate concurrent resolution seeking to overturn the rules by arguing that the NJDEP’s climate resilience regulations exceed the agency’s authority and could harm property owners.

Local shore town and county officials have praised Scutari’s resolution and have expressed opposition to the rules, concerned that they will create an undue burden on property owners and will complicate zoning regulations for municipalities.

LOCAL OFFICIALS RESPOND

Point Pleasant Beach Borough Administrator Joseph A. Michigan said the borough strongly opposes the REAL rules and is joining other shore communities in urging Trenton to overturn the regulation.

“(The REAL rules) essentially places the entire Borough of Point Pleasant Beach into a flood zone, basing this decision on future climate predications, 75-100 years from now, not historical data from past storms,” Michigan said. “These new inland properties will now be considered flood-risk areas, where even after Superstorm Sandy, many of these new areas did not see that level of flooding, which would cause such a drastic change.”

He added that the REAL rules will cause higher costs for homeowners and builders, decreased property values, and higher insurance premiums, as well as limits on coastal development and financial pressures on taxpayers, with potential losses in tax revenues.

During a March 9 caucus meeting, Lavallette Mayor Walter G. LaCicero referenced Resolution NJ SCR 106 and asked Borough Administrator John O. Bennett — who served as president of the New Jersey State Senate from 2002 to 2004 — to share his thoughts.

Bennett also said the resolution may draw significant attention because it was introduced by the president of the state Senate.

“The President of the Senate (Scutari), who happens to be the same party as the governor…that’s a pretty powerful person to sponsor this, so it’ll certainly get attention, and it’ll have discussion,” Bennett said. “I think, if nothing else, that’s an excellent starting point. Hopefully, they may at least have some semblance of reality as to what is fair across the board.”

In a press release issued March 5, Ocean County Commissioner Director Frank Sadeghi praised SCR 106 and urged lawmakers to adopt it quickly.

In a joint statement, Sadeghi and county commissioners Robert S. Arace, Jennifer Bacchione, Sam Ellenbogen and Ray Gormley said, “We commend the Senate President for taking this bold and decisive step toward repealing the disastrous and ill-conceived ‘REAL Rule’ before it does significant harm to Jersey Shore residents and our economic future. The Senate President’s assessment that these regulations would destroy property values, increase regulatory costs and represent a significant constitutional overstep by the (NJDEP) is spot on.”

The release also noted that Sadeghi and the commissioners recognized the efforts of other Jersey Shore counties and their elected officials in opposing the NJDEP proposal.