NJ PACT REAL Rules

As the driest calendar month on record stretches into November, as new terms like “flash drought” and “red flag warnings” enter our lexicon, and as wildfires emerge in unusual places, the LRWP urges the New Jersey Department of Environmental Protection (NJDEP) to protect our most vulnerable communities by adopting the NJPACT REAL rules. The adoption and implementation of these rules, short for “Protecting Against Climate Threats: Resilient Environments and Landscapes,” is especially and crucially important for heavily populated regions and Environmental Justice communities — like many Lower Raritan Watershed municipalities — located in proximity to Superfund toxic waste sites.

2019 US Government Accountability Office Report 20-73 identifies a total of 945 Superfund sites in the United States at special risk of disaster associated with wildfire, storm surge, flooding, and sea level rise. An incredible 24 of these sites (4% of the nation’s total at-risk Superfund sites) are within our 352-square mile Lower Raritan Watershed. Lower Raritan residents cannot escape these pollutant hazards: they are proximate to where we live and work. Without additional state-implemented resilient measures, wildfires and floods have the potential to bring toxins from these sites directly into our homes. More info on the GAO report, and a list of these sites, is on the LRWP website.

The NJDEP NJPACT REAL initiative is part of a broader commitment to safeguard New Jersey’s ecosystems, communities, and infrastructure in the face of climate threats, including sea-level rise, extreme storms, flooding, and heatwaves. The Watershed Institute has organized a petition to send to NJDEP in support of adopting the NJPACT REAL rules. The LRWP encourages you to join us in adding your name to the petition to show your commitment to a safer, more sustainable New Jersey.

More on the specifics of NJPACT REAL, its objectives, and the potential impacts on New Jersey’s communities, businesses, and natural environments, below:

Background of NJPACT REAL

New Jersey is particularly vulnerable to the effects of climate change due to its extensive coastline, urban density, and critical infrastructure in low-lying areas. In response, NJDEP launched the Protecting Against Climate Threats (NJPACT) program, with the REAL rules addressing land use, environmental resource management, and flood risk.

The NJPACT REAL rules aim to:

  1. Integrate climate resilience into land use planning.
  2. Update and enhance flood protection standards.
  3. Encourage sustainable growth while protecting natural resources.
  4. Build upon New Jersey’s Coastal Management Program to address sea-level rise and other coastal challenges.

By addressing both urban and natural landscapes, NJPACT REAL provides a comprehensive approach to creating climate-resilient communities. The rules were informed by extensive scientific research, including data from New Jersey’s Climate Change Resilience Strategy, which outlines statewide climate adaptation and resilience goals.

Key Components of NJPACT REAL Rules

1. Enhanced Flood Protection Standards

One of the primary focuses of NJPACT REAL is flood protection. Recognizing the increased frequency and intensity of rainfall, the REAL rules set stricter standards for floodplain development. These standards account for both current and projected flood risks, addressing scenarios in which intense storms could cause extensive flooding.

Key changes include:

  • Flood elevation standards: The NJPACT REAL rules require new development to account for higher base flood elevations, meaning that buildings must be constructed to withstand projected flood levels based on future climate models.
  • Flood-resistant building requirements: REAL mandates specific design criteria for new structures in flood-prone areas to mitigate damage.
  • Stormwater management upgrades: Enhanced stormwater regulations are aimed at reducing runoff, preventing erosion, and improving water quality, benefiting both the environment and the community.

2. Protecting Inland Wetlands

Wetlands provide crucial protection against storms, flooding, and erosion by acting as natural buffers. The NJPACT REAL rules emphasize the preservation and restoration of these landscapes, particularly in coastal regions that are susceptible to rising sea levels and erosion.

The rules encourage:

  • Wetland conservation: By limiting development in wetland areas, REAL seeks to preserve these ecosystems’ natural resilience.
  • Restoration of degraded wetlands: REAL promotes initiatives to restore wetland areas impacted by past development, providing a buffer against coastal flooding and erosion.
  • Adaptive planning for saltwater intrusion: As sea levels rise, saltwater intrudes into freshwater areas, disrupting ecosystems and agriculture. NJPACT REAL includes guidelines for adaptive land use in regions threatened by saltwater intrusion.

3. Sustainable Land Use Planning

NJPACT REAL encourages sustainable land use by promoting green infrastructure and preserving open spaces. These practices not only reduce flood risks but also support biodiversity, improve air quality, and provide recreational opportunities for communities.

Specific goals include:

  • Green infrastructure: NJPACT REAL supports green roofs, permeable pavements, and rain gardens that manage stormwater sustainably, reducing flood risks.
  • Preservation of open spaces: REAL sets guidelines to discourage development in critical areas like floodplains and wetlands.
  • Zoning updates: REAL includes recommendations for local governments to adopt stormwater management master plans and land-use policies that account for future climate conditions, such as flood risks.

4. Adapting to Sea-Level Rise

New Jersey’s 1,800 miles of tidal shoreline make it highly vulnerable to sea-level rise. NJPACT REAL focuses on ensuring that coastal communities can adapt to the rising tides.

Key measures include:

  • Coastal building standards: Enhanced design standards for coastal buildings help reduce the impact of tidal and storm surges.
  • Encouraging natural buffers: REAL promotes the use of sand dunes, marshes, and other natural barriers to absorb the impact of storm surges.

5. Climate-Informed Decision-Making

The REAL rules emphasize data-driven decision-making, using the latest climate science and models to guide regulations. NJPACT REAL requires public and private projects to use updated climate data and projections, ensuring that investments in infrastructure and development account for anticipated climate changes.

Implications for New Jersey’s Residents and Businesses

For residents, NJPACT REAL means a safer and more resilient New Jersey. Homes built under the new standards will be better protected against floods, while green spaces and restored wetlands provide natural beauty and recreational areas that enhance quality of life. However, there may be costs associated with retrofitting older buildings or adhering to the new construction standards, which NJDEP is addressing through financial and technical assistance.

For businesses, particularly those in construction, real estate, and land development, NJPACT REAL introduces new requirements to mitigate environmental impacts. These standards may require adjustments to building practices, but they also create opportunities for innovation in sustainable construction and green infrastructure. Furthermore, companies specializing in environmental restoration and engineering will find increased demand for services related to flood protection and wetland restoration.

Challenges and Future Directions

While NJPACT REAL is a significant step forward, implementing these standards will require collaboration among government agencies, municipalities, businesses, and residents. Some communities may face challenges adapting to the new rules, particularly in areas where older infrastructure is prevalent.

Conclusion

The NJPACT REAL rules demonstrate New Jersey’s commitment to climate resilience, offering a proactive framework to address current and future climate risks. By enhancing flood protections, conserving wetlands, promoting sustainable land use, and incorporating climate science into decision-making, NJDEP is equipping New Jersey for a more resilient future. The REAL rules represent an essential step in building communities that can withstand the impacts of climate change while preserving the natural landscapes that make New Jersey unique.