Cape May County objects to state’s proposed climate change rules

Cape May County and all 16 of its municipalities want the New Jersey Department of Environmental Protection to slow down in implementing new regulations to address climate change and rising sea levels.

They are citing “growing public concerns” regarding the proposed regulations, known as the Resilient Environments and Landscapes, or REAL rules, according to a county news release Thursday.

The REAL regulations are part of an executive order by Gov. Phil Murphy that established the New Jersey Protection Against Climate Threats (NJPACT) initiative.

Cape May County and its municipalities approved a resolution urging the governor to consider “a more incremental approach” toward adopting the rules. They also want the state Legislature to get involved instead of enacting the regulations strictly by executive order.

“My fellow county commissioners and I acknowledge the importance of good environmental policy, and our county and its municipalities continue to practice coastal resiliency and the highest degree of floodplain management in all public planning and infrastructure projects. However, the REAL Rules based on sea level rise projections for the year 2100 with a less than 17 percent probability of occurring, are too much too quickly and the unknown economic impacts are too great of a concern for our county taxpayers,” Cape May County Commission Director Leonard Desiderio said in the release.

“If Bryce Harper batted at a 17 percent success rate, he would be unemployed. That is why we are requesting the state to take a more incremental approach and engage the legislators that the people voted in to serve their best interest, rather than approving these rules into law by way of executive order,” Desiderio added.

Murphy and NJDEP officials say the regulations are needed to protect the shore communities and other parts of the state from the growing threat of climate change and rising sea levels.

   Cape May County Commission Director Leonard Desiderio, who is also mayor of Sea Isle City, believes the regulations are too stringent.   

The proposed rules include higher regulatory building standards that will increase construction costs for public and private projects countywide, putting stress on low and moderate income families and establishing unachievable compliance standards for historic structures and public infrastructure projects, the release says.

The regulations will also expand flood hazard areas that will shrink developable land and increase construction costs that will impact development and redevelopment opportunities, including affordable housing, according to the release.

The county also says the regulations will impact ADA access due to the new stringent height requirements for new roads and construction.

“With a tourism industry responsible for producing over 40,000 jobs, greater than $635 million in state tourism tax revenues, and $50 billion in net ratables, Cape May County and its municipalities have growing concerns regarding the impacts these REAL rules will have on the economy, and the potential distress it may cause for the residents living and working in Cape May County,” the release says.

County officials are registered to participate in the NJDEP’s public hearing for the REAL rules on Sept. 5, at 6 p.m., at Ocean County College in Toms River.

They will also hold a news conference on Sept. 6, at 11:15 a.m., in the county commissioners meeting room to discuss the proposed regulations. Mayors from Cape May County will also attend the news conference.

A copy of the county’s resolution and additional information, including an analysis on the REAL rules prepared by Lomax Environmental Consulting, can be found at: NJPACT/REAL | Cape May County, NJ - Official Website (capemaycountynj.gov).

“The Cape May County Board of County Commissioners and I encourage all concerned members of the public to participate in the public comment period to ensure that their voices and concerns are heard, and concerned citizens can find more information on the county’s website,” said Desiderio, who is also the mayor of Sea Isle City.

    The Merion Park neighborhood is one area of Ocean City vulnerable to flooding.