Current Laws Provide a “Right To Rebuild” Storm Damaged Property In Same Location
DEP Ignores The Need For A New Policy Of “Strategic Retreat”
Tilting At Windmills On The Jersey Shore
The Murphy DEP’s coastal flooding – climate adaptation rule proposal contains a glaring omission regarding a long avoided policy and plan for “strategic retreat” from the coast and a massive loophole regarding reconstruction of storm damaged property.
This is why NJ is one of the worst States in the Nation for filing repeat flood damage claims.
The DEP proposal quietly discloses some of these massive loopholes under the term “Zane amendment”. At page 25 we find this “InZane” elephant in the room:
Clarifying that structures subject to the Zane exemption must exist at the time of application to qualify for the “repair, replacement, renovation or reconstruction of the preexisting structure” in the rule. A Zane exemption is a limited exemption available under the Waterfront Development Act, N.J.S.A. 12:5-1 to -11, which allows waterfront structures (e.g., docks, wharfs, piers, bulkheads, buildings) that legally existed prior to January 1, 1981 to be rebuilt, repaired, renovated, or reconstructed provided such actions do not increase the size of the waterfront structure and the structure is used for residential, docking, or servicing of vessels.
Similar insane loopholes and exemptions are found in other critical laws, including the Flood Hazard Act, the Waterfront Development Act, and CAFRA, see:
But instead of developing a policy and plan for “strategic retreat”, the DEP is locked into a policy of Severe Repetitive Flood Loss Mitigation Strategy.
Real reforms will require legislation to repeal current exemptions and close loopholes.
I wrote to legislators to put them on notice – with a copy to “environmental leaders”.
Yes, I know I’m just tilting at Windmills at the NJ Shore:
———- Original Message ———-
From: Bill WOLFE <b>
To: senbsmith <SenBSmith@njleg.org>, sengreenstein <sengreenstein@njleg.org>, “senmckeon@njleg.org” <senmckeon@njleg.org>, “asmScharfenberger@njleg.org” <asmScharfenberger@njleg.org>, “senscutari@njleg.org” <senscutari@njleg.org>
Cc: “shawn.latourette@dep.nj.gov” <shawn.latourette@dep.nj.gov>, “tim@littoralsociety.org” <tim@littoralsociety.org>, “zipf@cleanoceanaction.org” <zipf@cleanoceanaction.org>, Mark Lohbauer <mlohbauer@jgscgroup.com>, “ben.spinelli@highlands.nj.gov” <ben.spinelli@highlands.nj.gov>, Anjuli Ramos <anjuli.ramos@sierraclub.org>, “Taylor McFarland, NJ Sierra Club” <taylor.mcfarland@sierraclub.org>, domalley <domalley@environmentnewjersey.org>, “dpringle1988@gmail.com” <dpringle1988@gmail.com>, “emile@njconservation.org” <emile@njconservation.org>, “carleton@pinelandsalliance.org” <carleton@pinelandsalliance.org>, “jonhurdle@gmail.com” <jonhurdle@gmail.com>, Julia Somers <julia@njhighlandscoalition.org>, “Tittel, Jeff” <jeff.tittel@verizon.net>, Jason Howell <jason@pinelandsalliance.org>, Jaclyn Rhoads <jaclyn@pinelandsalliance.org>, MJ King <trhugger@yahoo.com>
Date: 05/11/2024 7:12 AM EDT
Subject: Repeal Exemptions – “Right to rebuild” after storm event
Dear Legislator:
The DEP just announced proposal of regulations to address risks of sea level rise and extreme weather flooding to NJ’s coastal and waterfront development zone, https://dep.nj.gov/wp-content/uploads/njreal/docs/real-courtesy-copy-5.10.24.pdf
In reviewing that proposal, I again noted numerous loopholes and exemptions in current NJ laws – including the Flood Hazard Act, CAFRA, and the Waterfront Development Act – regarding rebuilding or reconstruction of existing structures damaged or destroyed by storm events. Some call these exemptions an affirmative “right to rebuild”.
DEP has an inventory of some of those exemptions here:
https://dep.nj.gov/wlm/emergency/nonregulated/
In light of current and projected risks due to climate change, it is time to reconsider and repeal those exemptions and replace them with a new policy, strategy, and plan for strategic or “managed retreat”. This would include planning for the relocation of displaced residents and restoration of natural resources.
DEP has even mapped an “inundation zone”. Why should redevelopment occur in such a location?
NJ residents can no longer afford – economically and psychologically – to repeat the failed land use and development patterns of the past.
We must do better.
Current laws do not provide an adequate basis for DEP to effectively plan for and regulate the coastal zone and inland flood risks due to extreme weather and climate change. As they say: “Adapt or die”.
We look forward to your timely and favorable response.
Bill Wolfe