en.Wedoany.com Reported - New Jersey's newly elected Democratic Governor Mikie Sherrill has decided to postpone the implementation of the "Resilient Environments and Landscapes rule" (REAL), a new regulation for coastal area development established by the administration of former Governor Phil Murphy, granting a one-year reprieve. The rule requires that new construction or major renovations of buildings (including residential, commercial, and infrastructure) in tidal flood zones be elevated 4 feet above the current flood elevation based on Federal Emergency Management Agency (FEMA) standards, to address the anticipated increased flood risks from climate change.
The original deadline for project permit applications was set for July 20, 2026, but has now been extended to July 20, 2027. A 60-day public comment period on this extension will run until July 31.
The REAL rule has garnered support from environmental groups and the Association of New Jersey Environmental Commissioners. These groups fear the rule could impact one of the most developed and high-risk ocean coastlines in the United States, where sea levels are projected to rise by 4.4 feet by 2100. The new regulations also require enhanced storm management and wetland protection in flood-prone areas. Official statistics show that Superstorm Sandy in 2012 caused between $30 billion and $38 billion in physical and economic damage to New Jersey's coastal communities.
However, the New Jersey Builders Association and the state's Business and Industry Association have filed a lawsuit in state superior court appealing the rule, arguing it hinders development activities, including the expansion of affordable housing. Four coastal counties—Cape May, Monmouth, Cumberland, and Ocean—have also sued to block the mandate, claiming it exceeds the authority of state agencies. State Senate President Nicholas Scutari (Democrat) also initiated a legislative motion in March to repeal the rule.
Jeff Kolakowski, CEO of the builders' group, stated that the REAL rule, which exceeds 1,000 pages, "goes far beyond sea-level rise adaptation and is filled with... a list of wish-list items that do little to enhance resilience." He advocated for halving the elevation requirements and suspending the directive. Legal challenges to the rule are ongoing.
Despite concerns from supporters that the delay could lead to the rule being weakened or killed, Governor Sherrill stated that the REAL requirements are undergoing a careful and comprehensive review to ensure they reflect the core priorities of protecting life and property while supporting responsible development. She added that the delay provides time "to meaningfully engage with... stakeholders across New Jersey to get this right."
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