The regs are part of DEP's Coastal Zone Management Rules, and the issues are largely demographic. In the less-urban oceanfront counties, the 2-to-1 ratio makes sense because the car is king. But a byproduct is to put some de facto limits on development along the environmentally fragile oceanfront, because if you don't have the room to supply the parking, you can't do the project.

For the urbanized communities along the Hudson River, where land is more at a premium and residents are more dependent upon mass transit, the result can be stifling. "For the past year, we've been encouraging the DEP to re-examine its position," explains Joseph Barry, chairman of the Applied Cos., a development firm based in Hoboken, NJ. He's also co-chairman of the Hudson River Property Owners and Conservators Association, a local advocacy group. "It's been our belief that the 2-to-1 requirement was not only unnecessary but also counter-productive. One effect has been to discourage mass transit, which is being developed to service the waterfront area.

"We're certainly pleased that they've finally decided to consider the characteristics of these communities and how they differ from the oceanfront," Barry continues.