Cape May questions DEP flood rules at last hearing

Cape May city officials had their say at the third and final public hearing on proposed new land use rules from the state Department of Environmental Protection, joining other Jersey Cape communities seeking to tap the brakes on the proposal.

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CAPE MAY — City officials had their say at the third and final public hearing on proposed new land use rules from the state Department of Environmental Protection, joining other Jersey Cape communities seeking to tap the brakes on the proposal. Mayor Zack Mullock and city Administrator Paul Dietrich spoke, as did Christopher Gillin-Schwartz, who is the city’s attorney but who said he was speaking only as a state resident. DEP officials have argued the new rules, called REAL for Resilient Environments and Landscapes, will prepare New Jersey for the impacts of climate change, reducing the risks to residents and properties from future storms with a series of initiatives, including the creation of a new Inundation Risk Zone that goes beyond existing federal flood zones.

Elected officials throughout Cape May County have argued the new rules would devastate the local economy. At the Thursday meeting, held remotely, many of the same arguments came up, but in this instance, the city of Cape May saw more representation than at previous hearings. Shore communities understand the need for flood protections and the dangers of rising sea levels, Dietrich said at the hearing.



But the state proposals go too far, too fast, he argued, and would hurt Cape May residents. “The proposed regulations just go a little too far at one time,” he said. As local officials point out, the rules look to the potential impact from rising seas at the end of the 21st century, at which point there is a possibility of seas five feet higher, according to state projections.

Residents and officials from Cape May County spoke against proposed state rules aimed at preparing for future flooding at an event in Woodbine on Tuesday, planned to gather input on matters related to environmental justice. Dietrich called on the state to concentrate on helping prepare evacuation routes from shore towns like Cape May, at the southernmost tip of New Jersey. He said evacuation routes like the Garden State Parkway, Route 47 and others have been immersed during significant storms.

Mullock suggested the increased elevations for residential properties could significantly alter the historic character of Cape May. As supporters of the new rules have said, they would only apply to new construction, or where significant improvements were undertaken. But in many cases, even a relatively small project could amount to more than 50% of the assessed value of a home, Mullock said, subjecting the project to newer standards.

He mentioned a specific resident who is 80 and sought to replace a roof and windows, which would have amounted to a significant change. “Today they have a leaky roof, they have leaky windows because they cannot afford to lift their home,” he said. Several people spoke in support of the rules, describing them as a necessary step to fend off climate change impacts.

Many represented environmental organizations, including the Sierra Club, the Nature Conservancy and the Association of New Jersey Environmental Commissions. Cape May County government has led the charge against the proposed rules, although no county government representative spoke Thursday. This was the final public hearing, but the public comment period on the rules proposal continues until Nov.

3. Comments can be submitted on the DEP website or by mail. Some in Cape May County had indicated there was a problem with submitting comments this week, but state officials said at the Thursday morning hearing that the issue had been resolved.

Contact Bill Barlow: 609-272-7290 [email protected] Twitter @jerseynews_bill Get Government & Politics updates in your inbox! Stay up-to-date on the latest in local and national government and political topics with our newsletter. {{description}} Email notifications are only sent once a day, and only if there are new matching items.

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