By Jay Weisbond, Policy Assistant. Pronouns: he/him, New Jersey League of Conservation Voters
Group of environmentalist speakers at NJPACT REAL Rules Press Conference in Asbury Park.
After last week’s relentless downpours from the remnants of Tropical Storm Debby, which brought high winds and widespread street flooding, the formal release of the NJ REAL (Resilient Environments and Landscapes) Rules couldn’t have come at a better time. Directed by Governor Phil Murphy’s Executive Order 100 in January 2020 as part of the New Jersey Protecting Against Climate Threats (NJPACT) initiative, these rules are a game-changer for the state. The NJ REAL Rules were officially published by the New Jersey DEP on August 5th, more than two years after their original target release date. REAL is a package of crucial revisions to key state regulations designed to make New Jersey more resilient to the devastating impacts of climate change. These revisions will update the state's outdated land use, stormwater management, and wetlands regulations to reflect New Jersey's new reality: warmer temperatures, rising sea levels, and stronger, more frequent downpours.
These rules aren’t just about policy—they’re about protecting our communities by improving water quality, enhancing stormwater management, and preventing disruptive flooding across the state to our coastal shores. Most importantly, these rules will save lives. Despite some vocal opposition from New Jersey business associations, who have argued the rules are an overreach, the new regulations will streamline permitting processes and expedite resilient investments in New Jersey’s communities and economy.
On August 6th, I had the pleasure of attending a press conference on the Asbury Park Boardwalk with many other NJ environmental organizations to discuss, celebrate, and highlight the need for these rules. Advocates emphasized why these regulations are crucial in light of the devastating impacts climate change has already had on New Jersey. At the press conference, Richard Lawton from the New Jersey Sustainable Business Council quoted Lloyd’s of London CEO John Neal, who remarked, “You’ll never hear an insurer saying, ‘I don’t believe in climate change.’” John Neal leads the world’s largest insurance and reinsurance marketplace, and his statement aligns with the recent National Climate Assessment report, which indicates that over 80% of properties in the Northeast lack adequate flood insurance coverage.
Additionally, the NJ Climate Science Report highlights that, between 1950 and 2017, the frequency of extreme rainfall events—those exceeding what is known as the 10-year, 24-hour storm—has increased by over 130% in the New England and Mid-Atlantic regions. In New Jersey, extreme storms typically include coastal nor’easters and snowstorms between September and April, as well as spring and summer thunderstorms, tropical storms, and, on rare occasions, hurricanes during the warmer months - like Tropical Storm Debby earlier this month. Over the last 50 years, storms resulting in extreme rainfall have increased by 71% in New Jersey, a faster rate than anywhere else in the United States.
Community flooding
The NJ PACT REAL Rules address critical issues that directly impact the Delaware River Basin. For instance, the new rules require enhanced maintenance for stormwater drainage, specifically allowing the removal of sediment, debris, and nuisance vegetation. Previously, the regulations suggested that mowing was sufficient to keep vegetation under control for stormwater system functionality. However, if regular maintenance hasn’t been undertaken, it may be necessary to completely remove nuisance vegetation that interferes with the proper function of a stormwater management system. As we see increased storms, proper stormwater management and maintenance will only become more important.
As we navigate the growing impacts of climate change, the NJPACT REAL Rules are a beacon of hope and progress for New Jersey. By updating critical regulations and enhancing our resilience against extreme weather, these rules not only safeguard our environment but also protect our communities and lives. Although there are some who may fear changes in the regulatory process, the path forward is clear: proactive measures are essential to ensure a safer, more sustainable future. We encourage everyone to support these vital changes and work together to strengthen our state's response to climate challenges.
You can show your support for the NJPACT REAL Rules by testifying at their public hearings or submitting public comments through their online portal by November 3, 2024.