By Anne Levin
It has taken almost six years, but the adoption on Tuesday, January 20 of the New Jersey Protecting Against Climate Threat Resilient Environments and Landscapes (NJPACT REAL) regulations make New Jersey the first state to pass proactive land use regulations that are safer from flooding and are more resilient to the increasing effects of climate change.
“The NJPACT REAL rules are based on groundbreaking climate change impact modeling science, and require new development to be built above sea level rise as projected for the year 2100,” reads a release about the regulations.
The rules “better support New Jersey communities, residents, and businesses in building their resilience to sea-level rise, extreme weather, chronic flooding, and other impacts of our changing climate,” according to the New Jersey Department of Environmental Protection (DEP). “Almost two-thirds of New Jersey’s coastline is already at high or very high risk to coastal erosion and 98 percent of the coastline is projected at medium or very high risk to sea level rise. Over half a million acres of New Jersey land are highly vulnerable to coastal hazards.”
Jim Waltman, executive director of The Watershed Institute, praised the action. “They’ve been working on this for at least six years,” he said. “There were several rule-makings, and this was the last big one. It took a long time, but we’re delighted and relieved.”
In addition to adopting building elevation requirements for new residential development, the NJPACT rules include new stormwater management requirements for redevelopment projects that were previously exempt.
“One of the provisions that has been particularly important to The Watershed Institute is the whole idea of requirements for redevelopment projects,” Waltman said. “This is a really important start that recognizes redevelopment as an opportunity to address our existing water pollution and flooding problems, because it will now require some mitigation for the stormwater generated from developing at a site. Now, there is this opportunity to retrofit a site with strategies to help capture runoff.”
Other environmental advocates and leaders expressed enthusiasm about the news.
“The NJPACT REAL rules — the first science-based resiliency regulations in the country — will help preserve and protect the delicate ecosystem within the one million acres of the Pinelands,” said Michael Klein, director of government relations for the Pinelands Alliance. “Of paramount importance is the 17-trillion-gallon Kirkwood-Cohansey aquifer underlying the Pinelands, which provides drinking water for about one million people and irrigation for 200,000 acres of farmland. Flooding threatens the quality of this vital water supply. In addition, rising sea water and storm surges are forcing saltwater upstream into the Pinelands’ forests, killing trees at the root and creating ‘ghost forests’ — extensive stands of dead trees inside the Pinelands. The long-awaited adoption of the REAL rules will help save all these precious resources.”
“New Jersey’s shore is part of who we are — but every storm and flood makes it painfully clear how exposed our communities are as the climate crisis accelerates,” said Allison McLeod, acting executive director of New Jersey LCV. “After years of hard work and advocacy, we’re thrilled to see the NJPACT Coastal rules finally adopted. This is bold, science-based leadership, and we applaud Governor Murphy and the NJDEP for stepping up to protect lives, homes, public safety, and our economy. This decision puts New Jersey on a stronger, safer path and will safeguard our communities for generations to come.”
“The Sierra Club thanks Commissioner LaTourette and Governor Murphy for finally adopting this lifesaving package of rules that New Jersey urgently needs,” said Anjuli Ramos, New Jersey Sierra Club executive director. “With the rules now in place, we can finally move from delay to implementation and action, getting the REAL work done to protect both lives and property while making communities more resilient and prepared for the next storm. We look forward to working with the Mikie Sherrill administration to ensure these protections are effectively and fully implemented.”
Not surprisingly, coastal communities are particularly vulnerable. Many existing roads and buildings will be likely unusable by the year 2100 given the increasing flooding impacts of sea level rise.
“New Jersey is one of the states most impacted by climate change with the fastest increase in warming temperatures and the third highest number of flood insurance claims in the nation,” the release reads. “From 1980–2024 (as of September 10, 2024), there have been 72 confirmed weather/climate disaster events with losses exceeding $1 billion each to affect New Jersey, according to the National Center for Environmental Information. On average, New Jersey experiences a $1 billion weather event every 32 weeks.”
The newly adopted ruling “seems like common sense, but it’s bold,” said Waltman. “We used to look backward instead of forward. The data set went up through 1999, so we were using an average that was way past. Now, we’re looking ahead.”