Bulletin Board Magazine 2021 Volume 1

Legal/Legislative

Legal/Legislative by Michael J. Gross, Esq., Steven M. Dalton, Esq. and Linda M. Lee, Esq. Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner, and Ms. Lee is an Associate of Giordano, Halleran & Ciesla, P.C.’s Environmental Practice Group

NJ PACT

• Many roadway improvements within the IRZ will require a hardship exception and submission of a climate impact statement. • Technical changes regarding flood hazard area and net fill / flood storage displacement calculations. • Re-registration of approved projects every 180 days to re-certify consistency with the NFIP if work has not commenced. • Expansion of flood hazard regulated waters to include isolated waters that drain less than 50 acres, riparian zone expansions, and mitigation requirement enhancements. • Climate change related conditions will be added to wetland permitting and mitigation. • Removal of NJDEP delineated coastal centers from the Coastal Rules. The proposals are extensive and, if adopted as presented in the initial stakeholder sessions, will have statewide impacts on development and redevelopment. JACKSON FILL PERMIT ORDINANCE In connection with an action filed by NJBA, SBACNJ and several individual builders, on February 25, 2021 the New Jersey Superior Court invalidated Jackson Township's (the "Township") ordinance regulating soil and fill movement. The court invalidated the ordinance on procedural grounds finding that it was not properly adopted because it was not first referred to the Township’s Planning Board. The ordinance was, in effect, a development regulation and, therefore,

What’s in a name? In a pre-cursor to its contemplated New Jersey Protection Against Climate Change (“NJ PACT”) regulatory changes, the New Jersey Department of Environmental Protection (“NJDEP”) changed the name of its Land Use permitting program from the “Land Use Regulation Program” to “Land Resource Protection”. The name change was not just to create a new sound- alike acronym. Instead, it appears to signal an intentional shift toward enhanced environmental protection in the NJDEP permitting process anticipated with the coming of NJ PACT. NJDEP is taking action to implement the NJ PACT rule amendments pursuant to State mandates to amend regulations to “integrate climate change considerations, such as sea level rise and chronic flooding” and “prevent further increases of harmful greenhouse gas emissions”, and to promote the State’s clean energy goals. NJDEP commissioned and produced several reports guiding its effort, each adhering to the conclusion that a 17% probability exists that sea level rise (“SLR”) will exceed 5.1 feet by Year 2100. A few of the many contemplated regulatory changes informally discussed during recent NJDEP stakeholder sessions are listed below. • New regulatory inundation risk zone (“IRZ”) and Climate Adjusted Flood Elevation (100-year elevation plus five (5) feet) that will require certain buildings to be elevated an additional five (5) feet. • Development restrictions within the IRZ.

Michael J. Gross

Steve Dalton

Linda M. Lee

Bulletin Board | 19 | www.shorebuilders.org