Mandating Climate Resilience in Construction

Roofing-Tacks
Cleanup and repair after a major storm can be expensive, so should builders and developers shoulder more regulation to curb climate change?

The relentless march of climate change, characterized by rising sea levels and increasingly severe storms, presents an existential threat to coastal communities worldwide. In a groundbreaking move that could redefine the future of urban planning and construction, New Jersey has unveiled a pioneering policy designed to integrate climate resilience directly into its land-use regulations. This bold initiative aims to make it significantly more challenging for developers to break ground on projects that could exacerbate environmental risks or become vulnerable to future climate impacts. The question now looms large: given its extensive coastline and history of devastating weather events, could a similar regulatory framework be on the horizon for Texas?

New Jersey, with its 130 miles of iconic coastline and a shoreline deeply ingrained in popular culture, stands to lose an immense amount if current climate trends persist. The state faces an escalating threat from rising sea levels, which erode beaches and threaten coastal infrastructure, and intensifying storm systems that bring unprecedented flooding and damage to its densely populated coastal cities. The economic and social costs of repeated repairs and disaster recovery are becoming unsustainable, pushing the state to consider more proactive and stringent measures to protect its communities and natural resources.

New Jersey’s Proactive Stance: Stemming the Tide of Storm Damage

In a direct response to the escalating adverse effects of climate change, New Jersey Governor Philip D. Murphy has announced a sweeping set of new regulations. These policies, collectively known as “Protecting Against Climate Threats” (PACT) rules, specifically target the construction industry, making it considerably more difficult for developers to secure government approval for new projects. The core objective is to ensure that future development is climate-informed, resilient, and contributes less to the very problem it seeks to mitigate. These policies, currently in their final stages of construction, are slated to take effect in January 2022, marking a significant shift in the state’s approach to environmental governance and urban development.

The PACT rules are not merely a token gesture; they represent a fundamental rethinking of how land-use decisions are made in the face of a changing climate. By requiring developers to consider future climate conditions, such as projected sea level rise and increased flood risk, the state aims to steer development away from vulnerable areas and encourage more sustainable building practices. This proactive approach seeks to minimize future damages, reduce the burden on taxpayers for disaster relief, and safeguard the state’s natural beauty and economic vitality for generations to come. It’s an ambitious endeavor that has drawn both praise from environmental advocates and concern from the development community.

New Jersey’s initiative is believed to be the broadest, and most specific, attempt to leverage land-use rules to control where and what developers can build, and to limit the volume of emissions that are spewed into the air.

“It gives us the ability to say no, or to say, ‘You have to do it differently,’” said Kathleen Frangione, the governor’s chief policy adviser.

Tracey Tully, The New York Times

The implications of New Jersey’s PACT rules extend far beyond its borders. As other states grapple with similar climate challenges, the New Jersey model could serve as a blueprint or, at the very least, a case study for climate-resilient development. The policy’s emphasis on controlling the location and nature of new construction, alongside efforts to curb emissions, highlights a comprehensive strategy. For many, this represents a crucial step towards true environmental sustainability, where development is harmonized with, rather than antagonistic to, ecological imperatives. The ability to dictate “how you have to do it differently” grants the state unprecedented power to shape its environmental future.

Texas on the Brink? Lessons from the Gulf Coast’s Storm History

The parallels between New Jersey’s coastal vulnerabilities and those of the Texas Gulf Coast are stark and compelling. Houston, in particular, has become synonymous with catastrophic flooding, largely due to Hurricane Harvey in 2017, which delivered an unimaginable 60 inches of rain in some areas, causing widespread devastation and billions of dollars in damage. The memory of Harvey, and countless other powerful storms like Ike, Rita, and the indirect impacts of more recent hurricanes, remains fresh for Texans. These events have highlighted the urgent need for robust flood mitigation and resilient infrastructure, prompting many to wonder if regulatory measures akin to New Jersey’s could prevent similar economic and personal losses for homeowners and property owners in Texas’s increasingly flood-prone regions.

Roofing-Tacks
Hurricane Harvey is still fresh in the memory of Houstonians, and as more storms devastate the Texas Gulf Coast, builders worry that they will be targeted by more regulations.

The Texas Gulf Coast is a dynamic region, characterized by rapid population growth, extensive development, and a significant energy industry presence. This confluence of factors creates a unique set of challenges in the face of climate change. Subsidence, the gradual sinking of land often exacerbated by groundwater withdrawal, further compounds the risks of sea level rise and storm surge. While Texas has invested in various flood control projects, a comprehensive, statewide regulatory framework that dictates development based on future climate projections has yet to emerge. The New Jersey model, therefore, presents a fascinating point of discussion for policymakers and stakeholders in the Lone Star State, forcing a critical examination of current land-use practices and their long-term sustainability.

Regulation Isn’t Cheap: The Economic Realities for Builders and Homeowners

While the environmental imperative for stricter building regulations is clear to many, the economic implications are a major concern for others. Phil Crone, a prominent voice from the Dallas Builders Association, emphasizes that such sweeping rules could significantly impact economic development and reduce vital tax revenue. He argues that climate proposals often adopt an “all-or-nothing” or “with-us-or-against-us” mentality, when, in reality, the solutions required are far more nuanced and require careful balancing of competing interests. This perspective highlights the complex tension between protecting the environment and fostering economic growth, especially in rapidly developing regions like Texas.

Crone underscores a critical point: increased regulation inevitably drives up the cost of housing. In an already expensive housing market, especially in metropolitan areas, further regulatory burdens would make homes even less affordable. He cites compelling statistics, stating that “every $1,000 increase in the price of a new home puts more than 158,000 American households out of the market.” This grim reality suggests that well-intentioned environmental regulations could inadvertently exacerbate the nation’s housing affordability crisis, pushing homeownership further out of reach for many middle- and lower-income families. The knock-on effect is also significant, as these households are often forced to move further away from their workplaces and schools, leading to longer commutes and, ironically, increased traffic-related pollution, counteracting some of the environmental benefits.

Furthermore, Crone argues that developers and new home construction are often disproportionately targeted by environmental regulations, despite not always being the primary contributors to greenhouse gas emissions. He points out that “homes built in the last 20 years are only directly responsible for 1 percent of our nation’s greenhouse gas emissions.” This statistic suggests that while new construction can certainly be made more efficient and sustainable, the focus should also broaden to include existing infrastructure, industrial emissions, and other significant sources of environmental impact. A holistic approach, rather than one that singles out a specific sector, might yield more equitable and effective results.

Slow to Change: The Pace of Regulatory Adoption and Alternative Solutions

The debate over new, stricter regulations is further complicated by the fact that existing, less stringent environmental and energy efficiency rules often take years to be adopted and implemented. Crone highlights this sluggish pace, noting that “Texas recently became the third state in the union to adopt the 2015 energy code.” This significant lag means that even when progress is made in setting standards, the actual impact on new construction can be delayed by several years. For many builders, this highlights a disconnect between the urgency of climate concerns and the slow, bureaucratic process of regulatory updates.

From the builders’ perspective, the narrative that new housing and those who desire it are the core problems is an “inconvenient truth” that misses the mark. Crone proposes alternative solutions that could alleviate housing pressure while also benefiting the environment. Instead of imposing restrictive regulations that limit development, he suggests that “if regulators want to help the housing industry, they should allow more density and smaller housing units.” This approach would create more housing options within existing developed areas, reducing urban sprawl and the need for long commutes. This strategy would also combat the trend seen in many DFW suburbs, which often prioritize large, exclusive homes, thereby limiting access to diverse income levels and contributing to housing segregation. Encouraging smart growth, mixed-use developments, and compact communities could be a win-win, addressing both affordability and environmental concerns without crippling the construction industry.

The complexity of climate action in the building sector necessitates a multi-faceted approach. While environmental regulations are crucial for guiding future development towards sustainability, they must be crafted with an understanding of their economic ripple effects and their impact on housing accessibility. Striking a balance between protecting vulnerable ecosystems, mitigating climate change, and ensuring that housing remains affordable for all citizens is perhaps the greatest challenge of our time. As New Jersey embarks on its bold experiment, the eyes of the nation, particularly those in climate-vulnerable states like Texas, will be watching closely to see if these groundbreaking policies can successfully navigate the intertwined paths of environmental protection and economic prosperity.