Advocates mixed on emergency DEP rules

 Jeff Tittel Jeff Tittel LONG BRANCH — Residents, businesses and municipalities looking to rebuild storm-damaged properties along the Shore could be saved long delays by the streamlining of the state permit process.

The N.J. Department of Environmental Protection (DEP) held a May 22 public hearing in Long Branch to gather public comment on changes to the Coastal Permit Program rules and Coastal Zone Management rules that would help property owners, businesses and municipalities rebuild by eliminating or reducing time needed for DEP reviews for projects.

“The whole purpose of these rules is really to expedite people being able to rebuild a house [and] rebuild their commercial establishments,” DEP Chief Advisor Ray Cantor said following the hearing held at Long Branch City Hall.

“It is a matter of making it easier for people to do the things they need to do. It is about rebuilding and restoring our Shore.”

But Tim Dillingham, executive director of the Sandy Hook-based American Littoral Society, said the DEP should be enhancing the rules governing building along the Shore, not relaxing the permitting process.

“The changes that are being proposed undermine the idea that we should provide greater protection,” he said. “Not simply maintaining the design standards is the ‘be all, end all.’

“We believe some of the changes that are being proposed are not necessary in response to the emergency,” he said. “They are not necessary in terms of responding to the emergency, facilitating a quick rebuilding.”

The rule changes were originally filed on an emergency basis on April 17, effective for 60 days.

The DEP would allow work to be done under a general municipal permit for projects that create living shorelines to mitigate flooding; elevating a bulkhead, dock or pier; reconstruction of damaged structures; and the maintenance of engineered dunes and beaches.

In addition, projects could be constructed under a “permit by rule” if they comply with existing state regulations. These could include the placement of sand fencing; lateral or landward relocation of the existing footprint of a structure; and reconfiguration of marina docks, wharfs and piers.

Cantor also said the permits would be eliminated for projects that have minimal environmental impact.

“What these changes do [is] allow people to do things we want them to do, to rebuild quicker,” Cantor said. “That is the whole genesis of a general permit or ‘permit by rule’ — it’s the easy things.”

Cantor said the DEP proposals are consistent with FEMA guidelines, and the intent is to allow property owners to rebuild ahead of the 2013 hurricane season.

Jeff Tittel, executive director of the New Jersey Sierra Club, also was critical of the changes, saying they would result in mistakes.

“We were hoping since the storm [that] we would make things better, but instead we are actually making things worse,” he said. “We are taking a system that is broken and weakening oversight, weakening transparency.”

“The concern that we have is that we do not have proper oversight to review the mistakes,” he added. “The concern is if you do it this way, it may actually slow down rebuilding the shore, not accelerate it.”

Tittel said the storm should be an opportunity to correct past mistakes.

“One of the things we do know from superstorm Sandy is in the areas we’ve done a good job protecting, the environment did a lot better than the areas where we haven’t,” he said. “If we automatically allow rebuilding in the same places, quite frankly, we are making the same mistakes over and over again.”

Dave Pringle, campaign director of the New Jersey Environmental Federation, also took issue with the proposal.

“The general permits and ‘permit by rule’ increasingly being used here … means less protection, less oversight,” he said. “At the exact same time, we need more protection and more oversight.

“By automatically permitting redevelopment without asking questions, without having public debate, [the proposal] is just going to continue to put people needlessly in harm’s way.”

Tittel said a study was needed to guide develop along the coast.

“Without a comprehensive plan for the coast, without looking at the sound science that we have on sea level rise and storm surges, we are going to be making a lot of the same mistakes,” he said.

Melissa Danko, executive director of the Marine Trades Association, supported the proposed rules and their impact on the boating industry.

“Marina operators and owners realize the success of their industry relies in part on the health and beauty of their surroundings,” she said. “[Superstorm] Sandy devastated the boating industry.

“Many marinas were significantly damaged and are rebuilding as we speak,” she added. “These amendments not only facilitate some of the work that is needed now to rebuild but will ensure the future health and recovery of the boating industry in New Jersey.” Contact Kenny Walter at [email protected].