CAPE MAY COURT HOUSE — The Cape May County Board of County Commissioners has thrown its support behind an effort to invalidate state regulations to battle climate change.
Senate Concurrent Resolution No. 106 would determine that the NJPACT REAL regulations adopted by the Department of Environmental Protection (DEP) are inconsistent with legislative intent.
On Jan. 20, the DEP adopted the New Jersey Protecting Against Climate Threats-Resilient Environments and Landscapes (NJPACT-REAL) rules, which significantly expand the state’s Flood Hazard Area through the creation of a new Climate Adjusted Flood Elevation (CAFE) standard, along with substantial changes to stormwater management, wetlands conservation and coastal protection regulations.
The resolution reaffirms county government’s longstanding opposition to the rules as written and aligns the county with the Legislature’s effort to review and potentially invalidate the regulations through SCR No. 106.
The county has consistently raised concerns regarding the scope and consequences of the NJPACT-REAL rules. The board adopted a resolution in 2024 urging a more incremental and targeted approach and another in November 2025 formally opposing the rules and authorizing litigation to secure relief.
County officials maintain that the regulations:
— Will significantly affect new development, redevelopment and renovations of existing structures
— Threaten to increase housing costs and overall cost of living
— Risk devaluing property and reducing municipal ratables
— Place added financial strain on working-class families
— Were adopted without a comprehensive and independent economic analysis
— Circumvented the Legislature through executive action rather than statutory authorization
The county has expressed particular concern that the DEP failed to conduct a full economic impact assessment analyzing how the rules would affect businesses, local governments, infrastructure projects, affordable housing obligations and residents.
“This resolution reinforces our position that regulations of this magnitude must reflect clear legislative intent and balanced policymaking,” Director Len Desiderio said. “We support the Legislature’s constitutional role in reviewing executive agency rule-making, particularly when those rules carry far-reaching consequences for housing, infrastructure, property values and the overall affordability of living in New Jersey.”
SCR No. 106 would determine that the NJPACT-REAL rules are inconsistent with legislative intent and would represent a formal legislative check on the regulatory action.
