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On July 14, 2025, the New Jersey Department of Environmental Protection (“NJDEP”) held a virtual information session to provide updates on the pending Resilient Environments and Landscapes (“REAL”) rule proposal. NJDEP advised that it will be making “substantial changes” to the proposed rules in consideration of public comments and stakeholder feedback and intends to adopt REAL, with the changes, by the end of this year. A copy of the slides from NJDEP's presentation is linked here. A summary of the anticipated next steps and changes discussed are below.
Timing For Adoption
NJDEP will be publishing a Notice of Substantial Changes (“NOSC”) in the New Jersey Register on July 21, 2025. The NOSC will include the comments that gave rise to the changes, NJDEP’s responses to such comments, and the text of the rules proposed for change. There will be a 60-day public comment period and NJDEP will hold a virtual public hearing on September 3, 2025.
The NOSC will extend the time within which NJDEP must adopt the REAL rules from one year to 18 months from the date the notice of proposal was published in the Register (August 5, 2024). Although NJDEP will have until February 2026 to adopt the REAL rules, NJDEP indicated that it plans to adopt the rules by the end of 2025.
“Substantial Changes” To Proposed Rules
NJDEP discussed the following key changes that will be included in the NOSC.
1. The proposed coastal flood elevation will be lowered from 5-feet (as originally proposed) to 4-feet, based on more recent scientific data. NJDEP will review available climate change data every five years.
2. The Inundation Risk Zone (“IRZ”) will be removed from the list of coastal “special areas” that could be subject to a 3% impervious cover limit in response to concerns that this provision would create a “no build zone.”
3. Affordable housing will be identified as a “compelling public need” in the context of hardship exceptions under the Flood Hazard Rules.
4. An extended legacy period will be provided for applications under the various affected rules. An administratively and technically complete application submitted to NJDEP up to 180 days after the effective date of REAL will be subject to the current regulations. For a CAFRA individual permit, the application must be complete for public hearing or public comment within 180 days of the effective date to be eligible for legacy status, instead of having finalized the public hearing/comment process and been declared “complete for review.”
5. The requirements for “dry access” under the Flood Hazard Rules will be clarified and factors that may allow for flexibility in applying the dry access rules will be provided. The dry access requirement will only be applicable if a regulated building is within the flood hazard area.
6. Buildings that are subject to maintenance and repair, even if the cost would otherwise be classified as a substantial improvement, will not have to elevate so long as there is no increase in the footprint or habitable area.
7. Dry flood proofing will be allowed in the IRZ or when velocity of flood waters is not known to be consistent with other regulatory requirements.
The above is a summary overview of the key changes identified by NJDEP. Please refer to the forthcoming NOSC for a comprehensive review of the changes to the REAL rule proposal.
If you have questions regarding how the forthcoming rules may affect your project, please contact one of the attorneys in our Environmental Department.
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