Cape May Mayor Zach Mullock and City Manager Paul Dietrich spoke against proposed state coastal land use regulations at the final public hearing on the regulations, held remotely Sept. 19.
The new rules, proposed by the Department of Environmental Protection, look to potential impacts from climate change at the end of the 21st century. They are based on a projection of a 5-foot rise in the sea level, which opponents of the regulations say is no longer the consensus scientific position.
Dietrich said that Shore communities understand the issues of sea level rise and the need for flood mitigation measures. But he criticized the state proposals as going too far, too fast, saying a planning horizon of 75 years was too long for realistic projections and would do damage now.
Mullock argued that the historic nature of Cape May City could be substantially harmed by regulations that force significant elevations for homes that seek to do even modest renovations. He said even small projects in the city could easily amount to more than 50% of the assessed value of a home, meaning new height requirements would be imposed.
Cape May County government officials have led a coordinated assault on the new regulations, but no county officials spoke at the Sept. 19 session.
Several environmental groups used the virtual session to speak in favor of the new proposals. They included the Sierra Club of New Jersey, the Nature Conservancy and the Association of New Jersey Environmental Commissions.
They argued that the regulations, as burdensome as they may seem for coastal communities, are a necessary step in the struggle with climate change.
The DEP published the proposed regulations, known as the Resilient Environments and Landscapes (REAL) rules, in the New Jersey Register on Aug. 5. The DEP argues that the new regulations are necessary to protect the state from climate change impacts that can no longer be avoided through the ongoing lowering of greenhouse gas emissions.
The proposed regulations come to more than 1,000 pages and, in the view of many county elected officials, are overkill.
Among the major changes included in the new rules is the creation of a new “inundation zone” that takes land currently above sea level and puts it in a zone that the DEP’s adopted science says will be inundated permanently or twice daily during high tides by 2100.
The regulations also adjust the tidal flood hazard area to reflect the DEP’s expectation of a 5-foot rise in the sea level by 2100, impact stormwater management regulations, modify freshwater wetlands rules and make changes to coastal zone management regulations.
They establish a new Climate Adjusted Flood Elevation (CAFÉ) level that adds 5 feet to FEMA’s 100-year flood elevation level.
The state legislators for District 1 issued a letter following the public hearing in which Sen. Michael Testa and Assemblymen Antwan McClellan and Erik Simonsen were critical of the proposed new regulations, saying they “could increase construction costs, limit development opportunities and place additional financial burdens on homeowners.”
They asked the state to adopt a more realistic time horizon, “similar to the 10-year horizon municipalities use for their master plans.” They wish to free the regulations from a 75-year projection of sea level rise, a timeframe they consider unrealistic.
The three legislators want to see the regulations process brought back into the Legislature instead of being driven by executive order. Such a change would increase the opportunities for public participation, they argue.
The letter also calls for state funding to help municipalities in the coastal zone implement new rules that are adopted.
Although it was not part of the schedule of public hearings, a DEP-hosted session on environmental justice issues held at Woodbine Sept. 17 provided another opportunity for Cape May County residents and officials to speak on the REAL regulations, directly to DEP Commissioner Shawn LaTourette.
LaTourette that night heard many of those same arguments against the proposals and claimed that many of them are the product of misinformation.
At that meeting, Middle Township Mayor Chris Leusner said the rules would have a negative impact on the development of affordable housing.
LaTourette’s position was that towns would still be free to develop, but that the new regulations would mean that development would be more resilient.
A 90-day public comment period started with the publication of the regulations on Aug. 5. Although the hearings have ended, members of the public can comment on the proposed regulations until Nov. 3. An online form for submitting comment is available on the DEP website.
Contact the reporter, Vince Conti, at vconti@cmcherald.com.
