On June 1, 2026, the New Jersey Department of Environmental Protection (NJDEP) published a one-year extension of the legacy provisions of the Resilient Environmental and Landscapes (REAL) rules – from July 20, 2026, to July 20, 2027. During this extension period, eligible permit applications may continue to be evaluated under NJDEP regulations in effect prior to January 20, 2026.
Originally published on August 5, 2024, the REAL rule amendments were adopted pursuant to the New Jersey Protecting Against Climate Threats (NJ Pact) initiative to update the State’s environmental land use regulations to reflect impacts from climate change and sea-level rise. The REAL rules fundamentally shift the regulatory framework from one based on historic conditions to one based on projected climate conditions. Significant amendments were made to New Jersey’s Coastal Zone Management Rules, Freshwater Wetlands Protection Act Rules, Stormwater Management Rules, and Flood Hazard Area Control Act Rules. The changes implemented included the creation of Inundation Risk Zones (IRZ) and the Climate-Adjusted Flood Elevation (CAFE) of four feet above the FEMA Base Flood Elevation.
Prior to the one-year extension, the legacy provisions of the amendments were set to expire on July 20, 2026, directly affecting any proposed construction regulated by these sweeping reforms. The implementation of the REAL rules was the subject of bipartisan opposition and several legal challenges in the courts and before the Legislature. The extension of the legacy provisions of the REAL rules to July 20, 2027, provides a reprieve for developers and homeowners alike. In particular, complete permit applications received prior to July 20, 2027, can still apply the regulations in effect prior to the January 20, 2026, rule adoption. These applications will need to ultimately be deemed both administratively and technically complete by NJDEP, and individual permit applications pursuant to the Coastal Area Facility Review Act (CAFRA) must additionally be deemed ready for public hearing and public comment.
The NJDEP has stated that the one-year extension will allow for essential “comprehensive review” to efficiently implement responsible development. During this time, NJDEP is expected to work with all stake holders including municipalities, counties, regional planning entities, real estate developers, and interested parties. A virtual hearing will be conducted, followed by a 60-day public comment period.
Connell Foley will continue to monitor the implementation of the REAL rule Amendments.
PartnerChristina Sartorio Ku is a profoundly experienced litigator who leverages her background in biological sciences and environmental regulation to represent parties in complex environmental cases. Her practice also includes ...
PartnerNicole Dory concentrates her practice on environmental and land use transactions and litigation and other complex business litigation matters. With a degree in geology and experience as an environmental consultant, she applies ...
