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NJ Department of Environmental Protection New Land Use Rules Will Impede Gov. Murphy’s Affordable Housing Goals

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the staff of the Ridgewood blog

Trenton NJ, land use rules proposed by the state Department of Environmental Protection will stand firmly in the way of Gov. Phil Murphy’s mission to expand “affordable housing” in New Jersey, according to a new op-ed by NJBIA.

In commentary published in ROI-NJ on Tuesday, NJBIA Deputy Chief Government Affairs Officer Ray Cantor said the NJDEP’s proposed REAL PACT rules – which have been vehemently opposed by many municipal and county officials and state lawmakers since being introduced last summer – will hinder the governor’s affordable housing objectives.

“In his State of the State address last month, the governor made a strong push for the reform of local zoning and planning rules to fulfill the mission of a broad affordable housing law he signed last year,” Cantor wrote.

“But despite the governor’s call for easing ‘outdated restrictions,’ the land use rules proposed by his DEP would unquestionably stand in the way of new “affordable housing” construction much more than local ordinances.”

The NJDEP is currently finalizing the Land Use rules, which were presented as a 1,057-page document that, among other things, establishes “inundation risk zones” and “climate adjusted flood elevation” areas for any new, expanded, redeveloped or substantially improved development.

Any such home or subject building in these IRZs or CAFEs will be required to be built 5 feet higher than existing flood standards.

Cantor explained that the basis of this extreme increase is a low-probability flood prediction from an outdated, 2019 Rutgers study that is dramatically higher than any other sea level rise forecast from international climate science consensus over the next 75 years.

“The policy will also effectively create ‘no-build’ zones by requiring no more than 3% of impervious cover for new homes – leading to what the NJDEP has promoted as ‘a managed retreat’ from the Jersey Shore,” Cantor said.

“But this rule will not just harm coastal homeowners or builders. It will also have an irrefutable negative impact on homes and buildings in urban areas along our tidal waters.

“Consider that the rules proposed greatly extend flood mapping into areas that have never flooded and may never flood, making the development process more complicated, time consuming, and subjecting development in many areas to increased and costly regulatory requirements.”

Cantor explained that the cities of Jersey City, Asbury Park, Atlantic City and Camden – just as a small sample – are obligated to provide a combined 6,134 units of affordable housing, according to state Department of Community Affairs calculations.

“But given that many areas of those cities will be in these IRZs or CAFEs, reaching those affordable housing goals will be much more difficult, if not impossible, no matter what zoning or permitting rules are relaxed,” he wrote.

“While the DEP quietly finalizes these voluminous rules, we urge Governor Murphy to understand the full impacts of these restrictions if he wants to meet his affordable housing goals.

“We urge our mayors and county officials to continue to oppose these extreme rules. And we ask our lawmakers to get involved with a policy that will impact so many residents and businesses and not leave that decision to one single department of one state agency.”

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8 thoughts on “NJ Department of Environmental Protection New Land Use Rules Will Impede Gov. Murphy’s Affordable Housing Goals

  1. No new land especially sensitive remaining landscapes of groundwater recharge, steep slopes, wooded areas, especially with any indigenous biome. Developers in the past used affordable housing as a fear tactic, even to allow other development not wanted, like malls. Zoning Rules Protections were changed. A mall or affordable housing. Environmental Rules of the former COAH, still in place, were ignored by local boards,non-structural stormwater rules were ignored, allowing a developer to rob the local open space funds $3.7 M for a buffer called open space, that could of simply been made to be part of the plan. This was after a No Rezone Vote was overturned by a corrupted developers attorney employed by the town.
    My town of Parsippany was a terrible example of these developer tactics. In a state already over-developed there is plenty of already developed areas.

  2. Our “Out of touch politicians and agencies”, try to impose a blanket affordable housing rule, without extenuating circumstances that have already impacted low lying communities. Communities like Rochelle Park, Little Ferry, Passaic and the list goes on and on, who have experienced devastating flooding year after year, with residents doing extensive and expensive repairs and many times at their expense. Here’s the obvious conclusion, these people living in a structure may “NEVER” recoup their losses, even if the sell. This should be considered when our elected officials and incompetent agencies make blanket laws that impact, and compound certain communities. These low lying communities need to have their Low Income Housing requirements altered or even removed. Think before acting irresponsibly…

  3. Our “Out of touch politicians and agencies”, try to impose a blanket affordable housing rule, without extenuating circumstances that have already impacted low lying communities. Communities like Rochelle Park, Little Ferry, Passaic and the list goes on and on, who have experienced devastating flooding year after year, with residents doing extensive and expensive repairs and many times at their expense. Here’s the obvious conclusion, these people living in a structure may “NEVER” recoup their losses, even if the sell. This should be considered when our elected officials and incompetent agencies make blanket laws that impact, and compound certain communities. These low lying communities need to have their Low Income Housing requirements altered or even removed. Think before acting irresponsibly…

  4. That’s exactly what they’re trying to do in Clifton. They are trying to build a big storage unit on a property that is own residential when they take down 200 trees there will be flooding for the people that live in the homes surrounding this area. What happens then? Who is going to help us? They do all this building without thinking how will affect the town and future years.

  5. Get this a..hole out of office! Keep in mind the democrats running for governor voted against the Lakin Riley Act!

    1. Gov Gottheimer will fix this mess and make NJ more affordable for everyone.

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      1. the midget vote with Pelosi and the dems… wheres the jersey values and lower taxes his Bullshit signs advertise

        1. Oh grow up. Making fun of someone because of their height? Josh may be small in stature but he’s got a big heart and an even bigger brain for solutions.

          (Yes, I did just throw up in my mouth a little bit.)

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