CAPE MAY POINT — Commissioners unanimously agreed to join the county in its litigation against the New Jersey Department of Environmental Protection regarding the Protecting Against Climate Threats/Resilient Environments and Landscape (PACT/REAL) rules.
During the Borough Commission meeting April 28, Mayor Anita VanHeeswyk said she absolutely believed the borough should join the county’s litigation.
“The last thing I read is 14 of 16 municipalities are on board with them, and I think the fact that our name would be part of it is important,” she said. “We [are] definitely in agreement with what the county is doing.”
The DEP adopted the rules Jan. 20, the final day in office for former Gov. Phil Murphy. They significantly change various regulations in response to climate change, including drastically increasing the size of the Flood Hazard Area through the creation of a new Climate Adjusted Flood Elevation standard, in addition to changes to state stormwater management, wetlands conservation and coastal area protection.
Additionally, the regulations from the DEP raise base flood elevation for new construction and extensive reconstruction to 4 feet in coastal areas, expand flood hazard zones and include numerous other changes.
The Cape May County Board of County Commissioners adopted a resolution April 14 authorizing the execution of a Memorandum of Agreement with 13 municipalities and the Cape May County Municipal Utilities Authority to partner in the litigation to block implementation of the rules.
Deputy Mayor Elise Geiger previously said the county asked municipalities to join the litigation at no cost.
“I think it’s a strength-in-numbers type of thing,” solicitor John Amenhauser said. “The county will look much stronger if they have every municipality within it listed [as a] party on the pleadings. Whether you join or not, I don’t think it detrimentally impacts the borough in any way.”
Amenhauser said he believed the best-case scenario for reversing the rules was through legislation.
“I think by having this type of case and this litigation floating around the court system too, especially considering the breadth of the three counties,” he said. “You can put Monmouth and Ocean in there too; it’s a broad area, it puts a lot more pressure on those legislators to get something done.”
The PACT/REAL rules are set to take effect after a 180-day transition period ending July 20.
