New proposal reduces height of required elevation to 4 feet
VILLAS — Township Council is monitoring the changes to the state Department of Environmental Protection (DEP) coastal flooding rules proposed in 2024.
During the July 21 meeting, Solicitor Robert Belasco updated council members on the changes announced by the DEP earlier in the month.
The DEP initially proposed the rules with the intention of modernizing New Jersey’s environmental land use regulations in response to current scientific findings on climate change, including sea-level rise risks, chronic flooding and overall climate resilience.
The Resilient Environments and Landscapes (REAL) rules have not been adopted but the DEP is likely to do so in January 2026, taking into consideration the public comments received during the open comment period.
Belasco said Township Council has been at the forefront of keeping updated on the proposed rules, including previously hosting a forum at Lower Cape May Regional High School with information presented by Peter Lomax of Lomax Consulting, whom the Cape May County Board of County Commissioners hired to study the REAL rules.
“I attended a webinar last week that was held by the NJDEP and there were speakers from various divisions of the DEP that discussed the revisions that were going to be made based on public comments they received,” Belasco said.
The NJDEP began a new comment period from July 21 to Sept. 19. Additionally, the DEP has scheduled a virtual public hearing for 6 p.m. Sept. 3. Those interested can pre-register online at dep.nj.gov.
“If comments were submitted previously, even if they were responded to or maybe not, I would suggest resubmitting them along with additional questions that council might have,” Belasco said.
Proposed changes
The premise for the REAL rules is based on a 2019 study conducted by Rutgers University, which Belasco said anticipated that sea level would rise by about 5 feet by the year 2100.
The proposed changes to the REAL rules include increasing the proposed building height by 4 feet, down from the original proposal of 5 feet.
“There will still be 4 feet plus one foot of freeboard,” Belasco said. “So if your base water elevation is essentially 9 feet, you’d have to build 13 feet, plus one foot of freeboard.”
Belasco noted that the initial concern with the REAL rules was that there was no incremental approach. The DEP stated that it will review sea-level rise and precipitation data at least every five years and update the rules as necessary.
“There was some additional data [on that] which was cited by the DEP during the webinar,” he added.
Belasco noted the proposal would have an impact on building height and flood mitigation.
“I haven’t located an updated flood inundation risk zone map, but don’t anticipate that there will be much of a change to Lower Township,” Belasco said. “Some areas may now be out of the inundation flood risk zone but I imagine the lion’s share of Lower Township will still be smack dab in the middle of that zone.”
Belasco added that the state provided clarification for low- to moderate-income projects.
“There was some concerns that these modifications to the rules and increased flood requirements would essentially render those projects not developable,” Belasco said. “They’ve clarified that they are exempt and they will move forward, and these rules essentially will apply but not to the point where they would preclude individuals from building low- to moderate-income developments in a municipality.”
Additionally, Belasco said any application currently in the pipeline for development would fall under a 120-day exception period.
“If you had an application pending, you’d be subject to the rules which are in place today,” Belasco said. “If you didn’t have your approval in place or your new application, you’d be subject to the new rules, once adopted.”
Belasco said there may be further modifications to the rules at the end of this new public comment period.
Another clarification the DEP provided regards impervious coverage and whether properties located in the inundation flood risk zone would be limited.
“That’s not the case,” Belasco said. “There are some hardship exceptions which have been established.”
Councilman Thomas Conrad said he was wondering about raising infrastructure and the potential impact of flooding. Belasco said another mayor on the webinar raised similar concerns but did not receive an answer.
“There are a lot of moving parts to this [issue],” Belasco said.
Mayor Frank Sippel emphasized the importance of keeping the community informed about the open comment period.
By RACHEL SHUBIN/Special to the Star and Wave
