The state Department of Environmental Protection adopted rules in July 2015 that make it easier to build in coastal areas.
TRENTON -- A group of environmental activists has sued the Christie administration to overturn new state rules that encourage development in flood-prone coastal areas like Barnegat Bay, posing "the biggest threat" to the Jersey shore since Hurricane Sandy.
The state Department of Environmental Protection adopted rules in July 2015 that make it easier to do things such as get permits to build docks, boat lifts in manmade lagoons and two-family homes in waterfront communities. The rules also make it easier to expand or build marinas and add restaurants to those properties.
The rules were the first major revision to coastal development regulations since the October 2012 storm devastated large swaths of the Jersey Shore and other waterfront communities.
The rules are "intended to help maintain the economic viability of existing marinas and encourage the development of new ones in appropriate circumstances while minimizing environmental impacts," according to the department's announcement when it unveiled the proposal in June 2014.
Proposed coastal rules spark criticism
But environmental groups say the challenge they filed on Friday was necessary to protect coastal residents' properties, prevent future development, and maintain the integrity of the delicate ecosystems that are already at risk, such as shellfish beds, forests and wetlands that provide a home to threatened and endangered species.
"Hurricane Sandy should have been our wake up call to realize unchecked development along our coast will only be costlier in the future due to sea level rise. Instead, DEP's finalized coastal zone rules will only green-light more development in vulnerable coastal communities," said Doug O'Malley, director of Environment New Jersey and one of the plaintiff's in the case.
"These new rules are a gift to developers who are loving the Shore to death," O'Malley added.
The lawsuit by Environment New Jersey, Save Barnegat Bay and residents from Eagleswood along the Barnegat Bay was filed in state appellate court. The plaintiffs seek an injunction to block the rules and restore the old regulations until a new set can be developed, said Attorney Bill Potter who is representing the environmental groups.
John Weber, Mid-Atlantic regional director for Surfrider and Jeff Tittel, director of the New Jersey Sierra Club told reporters during a conference call Monday their organizations also intend to join the case.
Ocean County's coastline and waterways are particularly vulnerable, such as the barrier islands, Mystic Island, Tittel said. "They should have mapped areas where the storm surges happened, like Mystic Island and the barrier islands, and adapt, so we are more resilient for the next storm. Instead, these are areas targeted for major development," Tittel said.
"These rules are the biggest threat to our coast since Hurricane Sandy," he said.
A state spokesman defended the rules in response to the lawsuit.
"Our coastal rules are both environmentally responsible and conducive to sound and safe coastal development. We look forward to demonstrating in court that this challenge lacks merit," state environmental protection spokesman Bob Considine said.
Ray Cantor, a chief DEP advisor testified before a legislative panel in August 2014 that the more than 1,000-page plan aims to streamline administrative procedures that will save the state and residents time and money.
Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.