PACT REAL Rule ProposedOn August 5th, the New Jersey Department of Environmental Protection officially proposed its Protecting Against Climate Threats (PACT) Resilient Environments And Landscapes Rule in the NJ Register. You can find a copy of the 1,000 plus page proposed rule here.

The REAL rule, if adopted, would have a wide ranging and hugely detrimental impact to the home building industry. Impacts of the rule proposal are not just limited to the coast, as increases to buffer zones and stormwater changes will be statewide.

View DEP’s presentation on the 4 core aspects of the rule below to learn more!

Sea Level Rise

• Creates the new Inundation Risk Zone and Coastal Adjusted Flood Elevation
• Link to DEP power point and webinar

Environmental

• Expands riparian zone buffers and enhances wetlands restrictions
• Link to DEP power point and webinar

Coastal Protections

• Limits impervious cover to 3% in new “Critical Environmental Sites,” expires non-mainland Coastal Centers, limits ZANE exemption and more
• Link to DEP power point and webinar

Stormwater

• Changes definition of Major Development to .25 acres of new or re-constructed impervious cover to apply rules to redevelopment and increases other requirements
• Link to power point and webinar

Read a more detailed break-down of the rule from NJBA Environmental Counsel Michael Gross, Esq. & Steven Dalton, Esq. of NJBA Patron Sponsor Giordano, Halleran & Ciesla here.Public Hearings

There will be three public hearings concerning the proposal as follows:

• In Person – September 5, 2024, Live at 6:00 P.M., at Ocean County College, Gateway Lecture Hall #104 (Bldg. #101), College Drive, Toms River, NJ 08754;
• Virtually – September 12, 2024, at 2:00 P.M.; and
• Virtually – September 19, 2024, Virtually at 10:00 A.M.

You can access the virtual hearings here: https://dep.nj.gov/njreal/hearings/