Monmouth county real/pact rules: commissioners continue legal fight against dep regulations

Monmouth County REAL/PACT Rules: Commissioners Continue Legal Fight Against DEP Regulations

by
March 7, 2026
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County officials say the rules could require coastal homes, buildings, and roads to be rebuilt higher than federal standards after storm damage.

Freehold, NJ — Monmouth County officials say they will continue fighting new environmental regulations adopted by the New Jersey Department of Environmental Protection (DEP), arguing the rules could significantly impact rebuilding and infrastructure projects along the coast and waterways.

Key Points

• Monmouth County is challenging the state’s REAL/PACT environmental rules in court
• Regulations could require rebuilding structures five feet above FEMA standards in some areas
• A New Jersey Senate resolution is seeking to force the DEP to amend or withdraw the rules

Commissioner Director Thomas A. Arnone released a statement criticizing the REAL/PACT Rules, which stand for Resilient Environments and Landscape / Protecting Against Climate Threats. Arnone said the regulations could create major challenges for residents, municipalities and infrastructure in coastal areas.

According to county officials, the rules could require homes, municipal buildings, county facilities and roadways damaged by storms to be rebuilt five feet higher than current FEMA requirements in areas along the Atlantic Ocean coastline and rivers that drain into the ocean.

Counties File Lawsuit

Monmouth County joined Ocean County and Cape May County in January 2026 to file a lawsuit against the DEP seeking to block implementation of the rules.

County officials argue the regulations are overly restrictive and could create significant financial burdens for property owners and local governments.

Arnone said Monmouth County leaders began raising concerns about the rules as early as October 2025.

State Senate Resolution Introduced

Arnone also pointed to a proposed New Jersey Senate resolution (SCR106) introduced by Senate President Nick Scutari, who represents Somerset and Union counties.

The resolution, dated Feb. 24, would give the DEP 30 days to amend or withdraw the regulations on the grounds that they may be inconsistent with legislative intent.

County officials say they plan to continue pursuing the lawsuit until the rules are withdrawn or revised.

Phil Stilton

Phil Stilton

Phil Stilton is the Editor and Publisher of Shore News Network, an independent digital news organization covering New Jersey, national politics, public policy, public safety, and community affairs. With years of experience reporting on local government, elections, law enforcement, and issues impacting residents throughout New Jersey, Stilton has built a reputation for delivering timely news, in-depth reporting, and accountability journalism.

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