New Jersey Democrats divided on coastal development rules

By Mona Zhang | 03/23/2026 11:50 AM EDT

The Senate president is pursuing a rarely used legislative power to scrap the rules, while others are suing over them.

Houses are packed densely along the shoreline in Lavallette, N.J. in July, 2014 photo. On Thursday, Aug. 1, 2024, New Jersey officials defended new proposed rules that would require buildings in areas near the coast to be built higher than currently required, among other flood prevention efforts.

New Jersey lawmakers and business interests are divided on new coastal development rules. Wayne Parry/AP

New Jersey’s top environmental lawmaker defended the state’s coastal development rules that are facing attacks in the courts, Republican lawmakers — and now, increasingly, Democrats too.

The NJ Protecting Against Climate Threats Resilient Environments and Landscapes rules, which were codified in the waning days of the Murphy administration, would require new construction to be elevated 4 feet above FEMA’s Base Flood Elevation level in an effort to reduce flood risk from rising sea levels. They would integrate sea-level rise projections into coastal management, modernize stormwater standards and strengthen wetland protections.

State Sen. Bob Smith, chair of the Senate Environment and Energy Committee, told POLITICO that the rules for requiring new construction to be raised higher would be “getting people and property out of harm’s way … which is one reason why I couldn’t understand why a lot in the business community opposed it.”

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More context: Senate President Nick Scutari is pursuing a rarely used legislative power to scrap the rules, filing a resolution to repeal the regulations and aligning himself with Republicans on the issue.

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