Rules to Fight Climate Change in NJ Under Threat

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The New Jersey Department of Environmental Protection (DEP) proposed a set of rules to mitigate climate change protecting residents and our environment. The Resilient Environments and Landscapes (REAL) rules face huge pushback and are under threat. DEP is accepting public comment on these rules until November 7^th (they extended the deadline from November 3^rd). It will take all of us raising our voices to get these rules passed!

Background on REAL Rules

New Jersey is the first state in the nation to initiate a comprehensive approach to fight the effects of climate change through the Department of Environmental Protection’s proposed Resilient Environments and Landscapes (REAL) regulations. The REAL rules would amend New Jersey’s existing flood hazard, stormwater, coastal zone, and freshwater wetland regulations to address the impacts of our changing climate, while improving water quality and flood protections, with an additional focus on the needs of overburdened communities.

The full REAL rule proposal can be found here. In summary, the rules would:

• adjust Coastal Flood Hazard Areas to reflect rising sea levels and related storm surges, extending areas that must comply with the rules further inland and requiring buildings to have higher first-floor elevations or floodproofing and roads to be higher;
• create an Inundation Risk Zone to address risk for residential building and critical structures proposed in areas of permanent or daily inundation due to rising sea levels;
• improve water quality and reduce flooding by adding sound stormwater management practices in areas where stormwater is not adequately managed;
• support renewable energy by balancing habitat conservation with infrastructure demands;​
• improve State alignment with FEMA’s National Flood Insurance Program (NFIP); and
• improve DEP permitting processes to track authorizations and permits from the start of construction to the completion of the project.

The REAL rules are especially important to protect the Pinelands. Just this past August, a “microburst” during a thunderstorm caused extensive damage in Medford and Evesham townships. In November 2018, nearly a foot of rain deluged parts of Wharton State Forest, making unimproved roads impassable and forcing closures of all access points for the Batsto, Mullica, Oswego, and Wading rivers.

Rising seas threaten our trees, too. Accelerating sea-level rise and storm surges from increasingly powerful hurricanes force saltwater upstream into forests, killing trees at the root. Atlantic white cedars are particularly vulnerable, and their decline is creating “ghost forests”: extensive stands of dead trees.

The Watershed Institute held an informational webinar titled “Exploring the REAL Rules,” which explained the rules and their potential impact and debunked some of the myths surrounding them. You can watch a replay on YouTube here. We will hold an informational webinar on October 31st at 12 noon – sign up here for the zoom link.

SUBMIT COMMENT BY November 7^th

The DEP is holding a comment period right now to hear from the public about these rules. It’s going to take all of us raising our voices to get these rules passed, to keep them strong, and to not let them get watered down. We know the DEP is hearing a ton of opposition to these life-saving rules.

Here’s how to submit your public comment: 

1. Go to the official comment page
2. Enter your name, note that you are not submitting your comment on behalf of an organization, and share your email address if you choose. 
3. Under Rule Proposal, select “DEP Docket No. 05-24-05 New Jersey’s Protecting Against Climate Threats (NJPACT) Rules”
4. Select the “Entering text” check box 
5. Paste the message below in the text box – feel free to customize it, of course!
6. Click the “Submit” button. You’re done!

Sample Message to DEP:

“As a proud New Jerseyan, I strongly support the NJPACT REAL Rules, which are crucial for making New Jersey more resilient and better prepared to face the realities of climate change, including the increasing threats of natural disasters, flooding, and sea level rise.

It is critical that we take action to mitigate the worst impacts of climate change by implementing life-saving measures that will prepare New Jersey for future challenges. These measures will help protect lives, reduce millions of dollars in damages, and address the projected 5-foot sea level rise by 2100 in the state. This is the best available science, vetted by experts, and it is critical we follow the science and use the 5-foot projection to protect our property and save lives. Additionally, these changes will support wildlife habitats, benefit businesses, enhance stormwater management, improve water quality, and increase resilience across communities in New Jersey.

I support these vital rules and urge NJDEP to implement the strongest rule possible to protect all communities across New Jersey. NJDEP has confirmed that these rules are based on current scientific evidence, climate reports, and studies.

I urge you to advance these rules and reject any efforts to delay, block, or weaken them, ensuring that New Jersey communities and the environment are protected from the worst effects of climate change.”

We urge New Jersey residents, particularly those in the Pinelands, to support the REAL rules. Please submit comments by November 7^th and please share with others! Questions?  Reach out to michael@pinelandsalliance.org.

You can watch the NJ PACT REAL Rules webinar replay that we hosted below.