Building a Resilient New Jersey With the NJPACT REAL Rules

Flooded streets in Ocean City, N.J., after a winter storm in March 2013. (Photo by U.S. Coast Guard Petty Officer 2nd Class Evan Lyon)

In 2020, former NJ Department of Environmental Protection (NJDEP) Commissioner Catherine McCabe issued an administrative order requiring the NJDEP to begin a regulatory reform effort to help reduce greenhouse gases and other climate pollutant emissions while making our natural and built environments more resilient to the unavoidable impacts of climate change. 

This year the New Jersey Protecting Against Climate Threats (NJPACT) rules were finally released, kicking off the process – which included opportunities for public comment – to have them put in place to regulate future development in the state.

These reforms were said to represent a PACT with the current residents of the state to help stave off the worst consequences of climate change and adapt to those already occurring, while also creating a more sustainable and resilient world for our children and grandchildren.

The following is a Q&A with Lucia Osborne, the American Littoral Society’s Delaware Bay Program Director, examining the history of these new rules, why they are important, and what they will mean for New Jersey.

What is NJPACT and how is it different from previous regulations?
The NJ Protection Against Climate Threats, Resilient Environments and Landscapes (NJPACT REAL) rules are the result of Governor Phil Murphy’s Executive Order 100. Released in 2020, this order directs the Department of Environmental Protection (DEP) to “reform a suite of land use rules to incorporate climate change considerations, including DEPs Coastal Zone Management Rules, Freshwater Wetlands Rules, Flood Hazard Mitigation Control Act Rules, and other regulations that address flooding and chronic inundation.”

In short, these rules are a shift to a forward-thinking planning process about how climate change with impact land use in NJ, and what should be done to make our communities stronger before the next major storm.

We’ve already seen supposed “once in a lifetime storms” – like Sandy, Ida, and Irene – hit New Jersey in the past 10-12 years, while even sunny-day flooding has become more common and intense. As a result, we’ve entered a pattern of “build-flood-rebuild” that is unsustainable. Roughly 70% of homes in NJ have experienced flood damage five or more times, making this the state with the third highest costs for repetitive flood losses – out ranked only by Texas and Louisiana according to the National Flood Insurance Program. This has resulted in the tragic loss of lives and cost billions of taxpayer dollars.

Unlike previous rules, which were based on outdated information, the NJPACT REAL rules acknowledge that weather patterns are changing and use the best available predictive modeling so that we are better prepared for what is to come. 

Why do these rules matter for people living near the coast?
Nearly half of the New Jersey’s 239 municipalities are considered “coastal” by the DEP. These zones provide people with opportunities for recreation, commerce, industry, housing, and tourism. Unfortunately, these areas also face the greatest risks of sea level rise, coastal storms, and erosion. These threaten the safety and well-being of people, homes, critical infrastructure, and wildlife.

The NJPACT REAL Rules attempt to address the above threats by requiring homes and critical infrastructure to be built above the flood elevation adjusted for climate change, which is 5.1 ft by the year 2100. They also require floodproofing of homes that are built in the new flood zones and make sure that homeowners are made aware of the risks associated with building in places that are ikely to flood within the next 75 years.

Given that, the median home age in New Jersey is 53 years, such planning is crucial for keeping people living in coastal areas safer and less likely to be killed or harmed during a flood. It also will save money in the long run by reducing the chances of people needing to rebuild or repair their homes.

One study by the Federal Chamber of Commerce found that for every dollar spent on resiliency, $13 was saved in recovery costs.

The NJPACT REAL Rules are also important to coastal communities because they prioritize nature-based solutions (NBS), like living shorelines and marsh restoration, over “hardscaped” resiliency practices, like bulkheads and seawalls. This is important because NBS have the added benefits of carbon sequestration and providing habitat for aquatic and coastal wildlife, thus creating a healthier ecosystem.

Such solutions also work with the natural sediment movement along the coast, making them better for down-beach communities. If you’ve ever walked along a jetty or groin, you may have noticed one side having a significantly wider beach area than the other. That’s because these structures alter the littoral drift, causing accretion or buildup on the “up-drift” side and erosion on the “down-drift” side. This puts down-beach communities at greater risk and can also result in a cascade of hardscaped structures along the coast, each causing worse erosion as they move down the beach. The NJPACT REAL Rules’ prioritization of NBS prevents these issues and provides benefits that are more equitable along the coast.

Why are these new rules under attack?
There’s a lot of misinformation going around about these rules. Some of it is rooted in valid concerns, like how this will affect the cost of building, while other issues are based on distortions intended to derail implementation of the new rules.
  
Regarding the costs of building, these rules add elevation and flood proofing requirements that will increase costs. However, research shows that the cost of recovery is far more expensive than the upfront costs of resilience. It should also be noted that none of the claims about the costs of these rules are based on actual studies, nor do they factor in the costs of rebuilding in the event of a disaster.

Parties lined up against the rules claim that they were made without adequate public input. However, the DEP hosted nearly 40 public stakeholder meetings over three years to develop these rules. Nay sayers will also claim that the rules are not based on the appropriate science, yet the models and thresholds used to develop in these standards are based on peer reviewed, NJ-specific studies, according to a 2019 study by the NJ Climate Resource Center at Rutgers University.

There’s also misinformation that says the rules will create “no-build zones,” while also preventing people from rebuilding after a storm or making minor improvements to their homes. None of these claims are true.

The rules state that structures built in high-risk areas must be appropriately elevated and floodproofed. They also only apply to new construction homes or homes with “substantial improvements” – improvements costing 50% or more of the value of the home. People making minor improvements will not be forced to elevate or flood proof unless they choose to, and there is nothing in the rules that prevents the owners of damaged homes from rebuilding.

What is the Littoral Society doing to help these regulations get passed?
The most important thing we can do is keep people informed and help them understand why these rules matter. To do that, we’ve hosted informational webinars and coffee chats with experts across the state.

We’ve also gotten the word out to the public through op/eds and press releases as well as our Society blog and social media. In addition, we’ve collaborated with engineers, business owners, lawyers, and architects to get the clearest picture of what these rules will look like in practice.

Finally, we submitted formal comments to the state and encouraged our members to do the same! We know that at least 173 Littoral Society members and email subscribers followed the links in our messages to visit the DEPs official comment page, and more than 6,000 people read about our perspective on the PACT rules through our email and social media channels.

How can people get involved?
According to the legislative process in New Jersey, the state has exactly one year from the publication of the rules to officially enact them. In this case, we have until August 4, 2025. Until then, everyone who cares about the coast needs to keep talking about these rules.

Even though the official comment period is over, state and local leaders are still listening! At any time, you can contact the governor’s office at nj.gov/governor/contact/all/ and tell Phil Murphy to stand strong against the pressure to weaken the PACT rules. You can also contact your municipal leaders and state legislators to tell them that you want to see a resilient NJ that is built to withstand the storms to come.

Most importantly, tell your friends and family about the Society’s work advocating for the NJPACT REAL Rules and encourage them to get involved too! Donating to the Littoral Society, becoming a member, or attending any of our events helps to support the work we do towards caring for the coast!