Determines that DEP's "Protecting Against Climate Threats" rules, adopted January 20, 2026, are inconsistent with legislative intent.
The resolution points out that the NJPACT - REAL rules expand the Flood Hazard Area, imposing stricter regulations that could drastically limit development opportunities for homeowners and property owners. This expansion may lead to increased property tax assessments and a devaluation of properties, thereby affecting ordinary New Jerseyans directly. Additionally, the new rules will likely discourage renovation projects valued at 50% or more of a property's worth within the newly defined flood zones, creating economic burdens primarily on lower-valued properties.
SCR106, introduced in the New Jersey Legislature, addresses the recently adopted rules by the Department of Environmental Protection (DEP) under the title 'New Jersey Protecting Against Climate Change - Resilient Environment and Landscapes' (NJPACT - REAL). The resolution expresses concern that these rules are inconsistent with the legislative intent of the state, particularly regarding limiting development rights and the economic implications for property owners. The resolution suggests that the rules will have significant adverse impacts on housing costs and property values across New Jersey.
A major point of contention in SCR106 is the assertion that the DEP has overstepped its constitutional authority in adopting NJPACT - REAL without explicit legislative support. The resolution highlights concerns regarding the adequacy of the economic, housing, and jobs impact statements associated with these regulations. Legislators argue that comprehensive studies and legislative enactments should precede such significant changes in climate policy, ensuring that the intent of the law aligns with the current needs of the public related to property and housing.