Legal Updates

The New Jersey Department of Environmental Protection (NJDEP) has announced a few changes to the anticipated Resilient Environmental and Landscapes (REAL) coastal flood rules, which were previously anticipated to take effect later this year. These changes critically include the revision of the elevation requirement for new or substantially improved buildings and infrastructure to 4 feet above base flood elevations. NJDEP has also expanded existing legacy provisions to allow applicants to continue to rely on the current regulations and requirements so long as complete applications are submitted by July 2026.

The REAL Rules, originally published in the New Jersey Register on August 5, 2024, are anticipated to significantly impact land use developments throughout New Jersey, especially in areas subject to coastal flooding and potential sea-level rise. The changes amend New Jersey’s existing flood hazard, stormwater, coastal zone, and freshwater wetland regulations to address climate change impacts, improve water quality, increase flood protections, and address issues specifically impacting overburdened communities.

While originally anticipated to take effect in or around August 2025, the NJDEP announced earlier this week that it intends to make a number of significant changes to the proposed rules, requiring a second public comment period, which will push the adoption of the regulations until January 2026.

The proposed substantive changes, which will be detailed in a Notice of Substantial Changes to be published in the New Jersey Register on July 21, 2025, include:

• The revision of the elevation requirement for new or substantially improved buildings and infrastructure from the originally proposed 5 feet to 4 feet above FEMA’s base flood elevation.
• The revision of the extent of the proposed inundation risk zone to reflect the projected 4-foot increase in sea levels.
• The expansion of a legacy provision, allowing projects to be reviewed under current regulations so long as applicants submit a complete application to the DEP within 180 days of REAL’s effective date (or by July 2026).
• The clarification that low- and moderate-income housing projects are eligible for consideration under the Flood Hazard Control Act rules’ “hardship exception” process.
• The clarification that NJDEP will revisit the sea-level rise and precipitation data incorporated into the rule every five years and amend the regulations as appropriate.

Following publication in the New Jersey Register, a 60-day public comment period will commence. One virtual public hearing is expected to be held in September.

If you have any questions as to how the proposed rules, or the intended revisions, may impact your project, please contact our land use and environmental law teams.